3301-91-09. Guidance for approving food to be sold in schools

To comply with section 3313.814 of the Revised Code, each school district board of education and chartered nonpublic school governing authority shall adopt and enforce standards that shall be used as the basis for approving all food and beverages to be sold in schools and establishing a time and place for such approved food and beverages to be sold. Such standards shall comply with sections 3313.816 and 3313.817 of the Revised Code, but nothing in this rule shall prohibit the standards from being more restrictive than otherwise required by those sections. The following criteria may be used as guidance for establishing standards:

(A) Consider the nutritional value of each food or beverage. The types of food and beverages sold in schools shall be determined as to their potential to contribute significantly to the daily nutritional needs of children and to enhance the school district's nutrition philosophy and nutrition education curriculum.

(B) Establish the time of day and place for sale of food and beverages. The time of day and place for the sale of food and beverages to students shall be consistent with the nutrient intake needs and eating patterns of students and compatible with class schedules for schools within the district and comply with sections 3313.814, 3313.816, and 3313.817 of the Revised Code. Separate standards may be established for the types of food and beverages to be sold to staff members .

(C) Approve provisions through resolution. Each board of education and chartered nonpublic school governing authority shall approve the types of food and beverages to be sold and determine when and where such food and beverages will be sold through board or governing authority resolution. Each board of education or governing authority should provide opportunity for input from members of the community, including students, parents, nutritionists and school personnel, on the sale of food and beverages in schools.

Five Year Review (FYR) Dates: 11/23/2016 and 11/23/2021
Promulgated Under: 119.03
Statutory Authority: 3301.07, 3313.814, 3313.817
Rule Amplifies: 3313.814, 3313.816, 3313.817
Prior Effective Dates: 9/24/1979

Prior History: (Effective: 04/26/2012
R.C. 119.032 review dates: 02/08/2012 and 04/26/2017
Promulgated Under: 119.03
Statutory Authority: 3301.07, 3313.814, 3313.814, 3313.817
Rule Amplifies: 3313.814, 3313.816, 3313.817
Prior Effective Dates: 9/24/79 )