Responsibilities for the School Food Service Program

 

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division of Food, Nutrition and Wellness

RULE NO.:RULE TITLE:

5P-1.003Responsibilities for the School Food Service Program

NOTICE OF CHANGE

Notice is hereby given that the following changes have been made to the proposed rule in accordance with Section 120.54(3)(d)1., F.S., published in Vol. 40, No.135, July 14, 2014 issue of the Florida Administrative Register.

5P-1.003 Responsibilities for the School Food Service Program.

(1) No change.

(2)(a) through (b) No change.

(c) To control the sale of food and beverage items in competition with the district approved food service program in accordance with 7 CFR 210.11, which is hereby adopted and incorproated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX. Competitive food and beverage items sold to students during the school day must which meet the nutrition standards for competitive food as defined and required in 7 CFR 210.11 shall not be sold on any school campus until one (1) hour after the conclusion of the district school food service program’s last designated meal period unless the items are being sold by the district school food service program during its designated meal service periods. Unless being sold by the district school food service program, it is impermissible for any competitive food item sold to students during the school day to consist of ready-to-eat combination foods of meat or meat alternate, as defined in 7 CFR 210.10, and grain products as defined  in 7 CFR 210.11. Section 7 CFR 210.10 is hereby adopted and incorproated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX. Each district school board is permitted to grant a special exemption from the nutrition standards for competitive foods as specified above required in 7 CFR 210.11 for the purpose of conducting infrequent school-sponsored fundraisers, not to exceed the following maximum number of school days per school campus each school year:

 

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School Type	Maximum Number of School Days To Conduct Exempted Allowed for Exempted Competitive Food Fundraisers
Elementary Schools	5 0 days
Middle School/Junior High Schools	= 10 days
Senior High Schools	= 15 days
Combination Schools	= 10 days
Elementary Schools: Schools providing regular or other instruction at one or more grade levels from PK through grade 5. This category includes schools serving grade 6 if also serving one or more grades PK through 5 (e.g., a K-6 school). Middle/Junior High Schools: Schools providing regular or other instruction in middle school configurations (grades 6-8) and junior high school configurations (grades 7-9). This category also includes schools serving a single grade in the 6-8 range (e.g., a 6th grade center). Senior High Schools: Schools providing regular or other instruction at one or more grade levels from 9 to 12. This classification includes 9th grade centers. Combination Schools: Schools providing regular or other instruction in grade groupings that include more than one of the categories described above (e.g., PK-8, 6-12, K-12, etc.).

 

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Each district school board shall maintain records documenting the occurrence of any exempted school-sponsored fundraisers to demonstrate compliance with this rule. No school-sponsored fundraisers, which include the sale of food items, shall be permitted to occur until thirty (30) minutes after the conclusion of the last designated meal service period. For the purposes of this section, “school-sponsored fundraiser” shall be defined as any event or activity occurring on the school campus during which currency, tokens, tickets, or the like are exchanged for the sale or purchase of items or services to benefit the school, a school organization or group, or a charitable organization, and which is authorized according to district school board policy and has been approved by the school principal or designee. Each district school board shall maintain records documenting the occurence of any exempted competitive food fundraisers to demonstrate compliance with this rule. In the absence of a Healthy School Team the Local Educational Agency shall maintain records demonstrating compliance in accordance with 7 CFR 210.11.

(d) To encourage each school to establish a Healthy School Team by June 30, 2015, for all schools under its jurisdiction in accordance with 42 U.S.C. 1758b, which is hereby adopted and incorproated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX. Any Healthy School Team should include, but not be limited to, the following stakeholders: parents, students, school food service program representatives, school administrators, school health professionals, physical education teachers and the public as provided in 42 U.S.C. 1758b(b)(3). In addition to the requirements specified in 42 U.S.C. 1758b, a A Healthy School Team shall: should, at a minimum,

1. Be be responsible for ensuring compliance with paragraph (c) of this rule and 7 CFR 210.11 as it relates to competitive food and beverage items sold on a school campus campuses;

2. Maintain maintaining a school calendar identifying the dates when exempted competitive food fundraisers will occur in accordance with the frequency specified in paragraph (c) of this rule; and

3. Report reporting its school’s compliance with this rule to the designated Local Educational Agency official or school official responsible for overall compliance with the Local Educational Agency’s wellness policy as required in 42 U.S.C. 1758b(b)(5)(B). In the absence of a Healthy School Team the Local Educational Agency shall maintain records demonstrating compliance in accordance with 7 CFR 210.11.

(e) through (l) No change.

(3) through (4) No change.

Rulemaking Authority 570.07(23), 595.404(3), (9) FS. Law Implemented 595.404(1), (3), (4) FS. History–Amended 3-26-66, 4-17-72, 4-19-73, 10-20-73, Revised 6-17-74, Repromulgated 12-5-74, Amended 5-4-76, 10-18-77, 12-11-79, 1-7-81, 7-28-81, 9-23-81, 6-28-83, 10-15-84, 7-10-85, Formerly 6A-7.42, Amended 5-3-88, 5-16-90, 6-30-92, Formerly 6A-7.042, Amended 10-11-99, 1-25-00, Formerly 6-7.042, 6A-7.0411, Amended___________.

 

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