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Policy EFE

 Competitive Food Sales - Sales Of Foods In Competition With The  School Food Service Program

The South Portland School Department supports good nutrition as part of a school  environment that contributes to student health and encourages positive food choices and  eating habits. The Board believes that nutrition influences a student’s ability to take full  advantage of the school system’s educational program and is, therefore, related to student  achievement.  

The Board also recognizes that proceeds from the sale of foods and beverages outside of  the School Lunch Program (“competitive foods”) are a significant source of funding for  student activities that the South Portland School Department might not otherwise be able  to provide.  

The Board has adopted this policy to govern the sale of foods and beverages on school  property.  

  1. Restriction on Sale of Competitive Foods  

  • Maine Department of Education Rule Chapter 51 mandates that any food or beverage  sold at any time on school property of a school participating in the National School  Lunch or School Breakfast Programs shall be a planned part of the total food service  program of the school and shall include only those items which contribute both to the  nutritional needs of children and the development of desirable food habits, and shall not  include foods of minimal nutritional value as defined in applicable federal regulations,  except as provided for by school board policy in certain circumstances.  

  • As allowed by Rule Chapter 51, the Board permits the sale of food and beverages outside  the total food program:  


    • to school staff;  

    • to the public at community events sponsored by the school or held on school  property;  

    • to the public at community events held on school property in accordance with  the school board’s facilities use policy; and  

    • by a school approved student organization or program if consistent with the  requirement that such sales not include foods of minimal nutritional value as  defined in 7 CFR, Section 210.11(a)(2).  

  • This policy applies to sales of foods and beverages at any time on school property by any  person, group or organization.  

  1. Funds From Sales of Competitive Foods  

  • Funds from all food and beverages sales made at any time on school property shall accrue  to the benefit of the school’s non-profit school food service program, except that funds  raised through authorized sales outside the total food service program shall accrue to the  sponsoring school or approved student organization in accordance with applicable  policies, cash-management procedures and administrative directives.  

Legal Reference: Ch.51 (Dept. of Educ. Rule) (Child Nutrition Programs in   Public Schools and Institutions)  

Cross References: DFG – Income from School Sales and Services   KG – Community Use of School Facilities  

KMA – Relations With Booster Organizations    


Adopted: March 13, 2006

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