Administrative Code

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Virginia Administrative Code
Title 8. Education
Agency 20. State Board Of Education
Chapter 740. Regulations Governing Nutritional Standards for Competitive Foods Available for Sale in the Public Schools
1/22/2021

8VAC20-740-20. Applicability.

A. This chapter shall apply to all public school divisions, public schools, and public school food authorities (SFAs) in the Commonwealth of Virginia.

B. Unless otherwise provided in this chapter, its provisions shall not apply to beverages.

C. This chapter shall apply to the nutritional content of food items available for sale to students on the school campus of any public school, and other public SFAs such as residential child care institutions, during the school day. It shall apply to:

1. Foods available for sale to students in vending machines.

2. Foods available for sale to students as a la carte items in the school cafeteria.

3. Foods available for sale to students at snack bars and stores operated by the school, a student association, or other school-sponsored organization.

4. Foods available for sale to students at school activities such as fundraisers.

5. Foods available for sale to students by culinary or other educational programs.

D. This chapter shall not apply to the nutritional content of foods:

1. Provided as meals reimbursed under programs authorized by the Richard B. Russell National School Lunch Act (42 USC § 1751 et seq.) and the Child Nutrition Act of 1966 (42 USC § 1771 et seq.).

2. Available for sale at snack bars, concession stands, or athletic events after the school day.

3. Available for sale either during intermission or immediately before or after athletics events scheduled after the school day.

4. Available for sale for school-related fundraising activities that take place off the school campus or for exempt fundraisers as outlined in 8VAC20-740-35.

5. Available for sale during activities that take place after the school day, such as clubs, yearbook, band and choir practice, student government, drama, sports practices, interscholastic sporting events, school plays, and band concerts.

6. Available for sale to adults only in areas not accessible to students.

E. The requirements of this chapter supplement 8VAC20-290 and 8VAC20-580, which remain in effect.

Statutory Authority

§ 22.1-207.4 of the Code of Virginia.

Historical Notes

Derived from Volume 34, Issue 02, eff. October 18, 2017.

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