158.854 Administrative regulation specifying minimum nutritional standards for
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/ky/158-854A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
foods sold outside school lunch programs -- Restrictions upon sale of certain
foods and beverages -- Waiver -- Definitions -- Exceptions.
(1)The Kentucky Board of Education shall promulgate an administrative regulation in
accordance with KRS Chapter 13A to specify the minimum nutritional standards
for all foods and beverages that are sold outside the National School Breakfast and
National School Lunch programs, whether in vending machines, school stores,
canteens, or a la carte cafeteria sales. Minimum nutritional standards shall be based
on the most recent edition of the United States Department of Agriculture's Dietary
Guidelines for Americans. The administrative regulation shall address serving size,
sugar, and fat content of the foods and beverages. School districts may impose more
stringent standards than the standards implemented under the administrative
regulation. A school shall follow the minimum standards specified in the
administrative regulation unless a waiver has been requested under KRS 156.161 by
the school district for the school from the Kentucky Board of Education.
Notwithstanding the duration of a waiver granted under KRS 156.161, any waiver
approved by the Board of Education relating to this section shall be reviewed on an
annual basis.
(2)As used in this section:
(a)"Competitive food" means any food or beverage item sold in competition with
the National School Breakfast and National School Lunch programs. The term
does not include any food or beverage sold a la carte in the cafeteria;
(b)"School day" means the period of time between the arrival of the first student
at the school building and the end of the last instructional period; and
(c)"School-day-approved beverage" means water, one hundred percent (100%)
fruit juice, lowfat milk, and any beverage that contains no more than ten
grams of sugar per serving.
(3)No school may sell competitive foods or beverages from the time of the arrival of
the first student at the school building until thirty
(30)minutes after the last lunch
period.
(4)Only school-day-approved beverages shall be sold in elementary schools during the
school day in vending machines, school stores, canteens, or fundraisers that sell
beverages by students, teachers, or groups.
(5)Nothing in this section or KRS 158.850 shall be construed to limit the sale of any
foods or beverages by fundraisers off school property.