What are the rules for selling competitive foods and beverages to students, and who makes these rules?
The rules for selling competitive foods and beverages are created by four separate entities, two at the federal level and two at the state level. Federal Level: Local School Wellness Policy: Congress enacted the 2004 Child Nutrition and WIC Reauthorization Act which stipulates that all schools in the nation that participate in the National School Lunch Program, School Breakfast Program, or Special Milk Program must adopt a Local School Wellness Policy Code of Federal Regulations, Title 7, Part 210.11, Appendix B: The USDA’s regulations define Foods of Minimal Nutritional Value (FMNV). This appendix lists categories of foods and beverages that cannot be sold during meal time in a food service area. Manufacturers may apply to the USDA to exempt specific products from being classified as FMNV. State Level: Education Code (EC) sections 49430-49431.7: The California Legislature passes laws that, when the subject is education, go into the California Education Code. These EC sections are esta