Private Schools and RCCIs

The federal and state laws for competitive foods below apply to all Connecticut private schools and residential child care institutions (RCCIs) that participate in the U.S. Department of Aquiculture's (USDA) National School Lunch Program (NSLP).

State Laws

• Section 10-215b-1 of the Regulations of Connecticut State Agencies: Competitive foods (candy, coffee, tea, and soft drinks)
• Section 10-215b-23 of the Regulations of Connecticut State Agencies: Accrual of Income

Federal (USDA) Laws

• Smart Snacks Nutrition Standards (USDA Final Rule 81 FR 50131)
• Federal (USDA): School Wellness Policy (USDA Final Rule 81 FR 50151)
• Federal (USDA): Revenue from Nonprogram Foods (7 CFR 210.14 (f))

The sections below describe each law and provide guidance and resources on how these requirements apply to different sources of foods and beverages.

Overview of Requirements  |   Connecticut Competitive Foods Regulations
Revenue from Nonprogram Foods  |   School Wellness Policy
Smart Snacks  |   Resources

Overview of Requirements

• Overview of Federal and State Laws for Competitive Foods in Connecticut Public Schools, Private Schools, and RCCIs (CSDE)
• Requirements for Competitive Foods in Private Schools and RCCIs (CSDE)
• Resources for Meeting the Federal and State Requirements for Competitive Foods in Schools (CSDE)
• Summary Chart: Federal and State Requirements for Competitive Foods in Private Schools and RCCIs (CSDE)

Connecticut Competitive Foods Regulations
(Sections 10-215b-1 and 10-215b-23)

During the period from 30 minutes before up through 30 minutes after the operation of any Child Nutrition Programs, the state competitive foods regulations restrict selling and giving candy, coffee, tea, and soft drinks to students and regulate the accrual of income from all foods and beverages sold to students anywhere on school premises. Note: The stricter requirements of Smart Snacks supersede this timeframe. Refer to the guidance documents for different sources of competitive foods sales in the "Resources" section below.

• CSDE Operational Memorandum No. 1-18: Accrual of Income from Sales of Competitive Foods in Schools
• Overview of Connecticut Competitive Foods Regulations (CSDE)
• Section 10-215b-1 of the Regulations of Connecticut State Agencies: Competitive foods
• Section 10-215b-23 of the Regulations of Connecticut State Agencies: Accrual of income

Revenue from Nonprogram Foods (7 CFR 210.14 (f))

The USDA's NSLP regulation for revenue from non-program foods requires that all revenue from the sale of nonprogram foods must accrue to the nonprofit school food service account (NSFSA). “Nonprogram foods” are foods and beverages purchased using funds from the NSFSA and sold to students or adults at any time or location on school premises, other than reimbursable meals served through the CNPs. 

• NSLP Regulations 7 CFR 210.14 (f): Revenue from nonprogram foods
• USDA Memo SP 13-2014: School Food Service Account Revenue from the Sale of Nonprogram Foods
• USDA Memo SP 20-2016: Nonprofit School Food Service Account Nonprogram Food Revenue Requirements

School Wellness Policy (Final Rule 81 FR 50151)

Among other requirements, the USDA requires that the local educational agency's (LEA) school wellness policy must include locally determined nutrition standards and guidelines for all foods and beverages on school premises during the school day that are available for sale to students or provided to students free of charge.

• Final Rule 81 FR 50151: Local School Wellness Policy Implementation Under the HHFKA of 2010 (USDA)
• NSLP Regulations 7 CFR 210.31: Local school wellness policy
• Resource List for Wellness Policies in Schools and Child Care (CSDE)
• School Wellness Policies (CSDE webpage)

Smart Snacks Nutrition Standards

Smart Snacks applis to all foods and beverages available for sale to students on school premises during the school day, separately from reimbursable meals and Afterschool Snack Program (ASP) snacks through the Child Nutrition Programs.

• List of Acceptable Foods and Beverages (CSDE webpage): This list includes brand-specific lists of commercial food products that comply with the Connecticut Nutrition Standards (CNS) and commercial beverages that comply with the state beverage requirements for public schools. Private schools and RCCIs may use this list to identify foods and beverages that meet the Smart Snacks nutrition standards.
• Q&A on Smart Snacks (USDA and CSDE)
• Smart Snacks Nutrition Standards (CSDE webpage)
• Summary of USDA Smart Snacks Nutrition Standards (CSDE) 

Resources

• Cafeteria
  • Requirements for Cafeteria A La Carte Foods and Beverages in Private Schools and RCCIs (CSDE)
• Culinary 
  • Requirements for Foods and Beverages in Culinary Programs in Private Schools and RCCIs (CSDE)
  • USDA Memo SP 40-2014: Smart Snacks Nutrition Standards and Culinary Education Programs
• Fundraisers 
  • Healthy Fundraising (CSDE)
  • Requirements for Food and Beverage Fundraisers in Private Schools and RCCIs (CSDE)
• School Stores
  • Requirements for Foods and Beverages in School Stores in Private Schools and RCCIs (CSDE)
• Vending Machines 
  • CSDE Operational Memorandum No. 01-18: Accrual of Income from Sales of Competitive Foods in Schools
  • Placement of Vending Machines in Schools: ADS-BESB Right of First Refusal ("Laws/Regulations" section)
  • Requirements for Foods and Beverages in Vending Machines in Private Schools and RCCIs (CSDE)