Food Exemptions
Foods that do not comply with the Connecticut Nutrition Standards (CNS) cannot be sold to students on school premises unless the board of education (BOE) votes to allow food exemptions and the sales meet the following exemption criteria of the state HFC statute: 1) the sale is in connection with an event occurring after the end of the regular school day or on the weekend; 2) the sale is at the location of the event; and 3) the foods are not sold from a vending machine or school store. The vote for food exemptions is part of the annual HFC application process.
- An “event” is an occurrence that involves more than just a regularly scheduled practice, meeting, or extracurricular activity. Events involve a gathering of people in a social context, such as sports competitions, awards banquets, school concerts, and theatrical productions. For example, soccer games, school plays, and school debates are events, but soccer practices, play rehearsals, and debate team meetings are not.
- “Location” means the same place where the event is being held, such as the gym, soccer field, or auditorium. For example, cupcakes and lemonade may be sold to students on the side of the soccer field during a soccer game but cannot be sold to students in the school cafeteria while a soccer game is played on the soccer field.
If the BOE votes to allow food exemptions, noncompliant foods could be sold to students at the location of an event that occurs after the school day or on the weekend. The example below shows how the food exemptions apply.
- Example: The school day ends at 3:00 p.m. A fundraiser located at an event on school premises could sell noncompliant foods to students anytime between 3:31 p.m. through 11:59 p.m. during the school week, or anytime on Saturday or Sunday. For example, a fundraiser could sell cupcakes to students at the location of a school concert (event) that occurs in the evening (after the school day).
If the fundraiser occurs from 30 minutes before up through 30 minutes after the operation of any CNPs, the state competitive foods regulations require additional restrictions that supersede the exemptions allowed by the state HFC statute. Section 10-215b-1 prohibits the fundraiser from selling candy, coffee, tea, and soft drinks to students during this time. Section 10-215b-23 requires that the gross income from all sales of foods and beverages during this time must accrue to the nonprofit school food service account (NSFSA).
Noncompliant foods can never be sold to students from vending machines or school stores, even if the vending machines or school stores are at the location of an event. The state HFC statute specifically prohibits food exemptions for vending machines and school stores.