Business & Non-Instructional Operations

3542.4 – AR

Beverage Sales and Use

1. Purpose and Scope

To establish a procedure for school facilities to vend and use beverages.

2. General

Education Code 49431.5 requires that the sale of beverages shall comply with the nutritional standards of the law except that sales not meeting these standards may be permitted in accordance with the procedure listed below.

3. Forms Used and Additional References

None

4. Procedure

Beverage Sales in Elementary Schools

• Nutritional Beverages

• An elementary school may make available through a vending machine any nutritional beverages allowed under the nutrition standards at any time of day as a part of the District Food Services program.

• Nutritional beverages include drinking water, milk, 100% fruit juices, and fruit-based drinks that are composed of no less than 50% fruit juice and have no added sweeteners.

• Carbonated Beverages

• Carbonated beverages shall not be sold by an elementary school unless:

• the sale is by a school sponsored student organization, and

• the sale is later than 30 minutes after the end of the school day, or

• the sale is off school premises.

Beverage Sales in Middle Schools and High Schools

• Nutritional Beverages

· A middle school or a high school may make available through a vending machine any nutritional beverages allowed under the nutrition standards at any time of day.

• Nutritional beverages include:

• 100% fruit juices

• fruit-based drinks that are composed of no less than 50% fruit juice and have no added sweeteners,

• drinking water,

• milk, including, but not limited to, chocolate milk, soy milk, rice milk, and other similar dairy or nondairy milk,

• an electrolyte replacement beverage that contains no more than 42 grams of added sweetener per 20-ounce serving.

• Carbonated Beverages

• After the end of the school day a middle school or a high school may permit the sale of carbonated beverages as follows:

• the sale occurs during a school-sponsored event and takes place at the location of the event,

• sales from vending machines are not available until 30 minutes after the end of the school day, and

• sales from student stores are not available until 30 minutes after the end of the school day.

E. Reports Required

None

F. Record Retention

None

G. Responsible Administrative Unit

Assistant Superintendent, Administrative Services

H. Approved by:

Bob Klempen 9/13/05 Dennis Smith 9/13/05

Responsible Division Head Date Superintendent Date

Legal Reference: Ed Code 35182.5

49431.5