Sales of Food in Schools
NEPN/NSBA Code: EFE

The Yarmouth School District supports good nutrition and healthy eating habits for students. The School Committee believes that nutrition influences a student’s ability to benefit from the educational program and that good nutrition is related to student achievement.

The Yarmouth School District’s school nutrition program shall be the sole provider of foods and beverages sold in Yarmouth Schools. In general, funds from all food and beverage sales made at any time on school property shall accrue to the benefit of the school nutrition program. Additionally, foods and beverages sold as part of the Yarmouth School District’s school nutrition program shall include only those items that contribute to the nutritional needs of children and the development of desirable food habits, and shall not include foods of “minimal nutritional value” as defined in federal regulations.

A. Exceptions to the requirement that foods and beverages be sold as part of the School Nutrition Program:

The School Committee recognizes that the sale of foods and beverages outside of the Yarmouth School District’s school nutrition program often provides a significant source of funds for student activities/programs and community organizations using school facilities. School-approved/sponsored student organizations/programs and non-school sponsors of public events held in accordance with the School Committee's facilities use policy may retain funds raised through the sale of foods and beverages in the following circumstances:

  1. To the public at school-sponsored community events held on school property outside of the school day (i.e., school-sponsored events that are open to the public, such as plays or sporting events);
  2. To the public at community events outside of the school day held on school property in accordance with the School Committee’s facilities use policy;
  3. By a school-approved student organization or program outside of the school day if consistent with the requirement that such sales not include foods of “minimal nutritional value” (see Section B).

B. Restrictions on sales of foods/beverages of “Minimal Nutritional Value:”

Organizations allowed to accrue benefits from the sale of food and beverages shall make every effort to include the sale of healthy food choices. The only exceptions to the absolute prohibition on sales of foods and beverages of “minimal nutritional value” are sales to the public at a community or school-sponsored event. Foods and beverages of “minimal nutritional value” may not be sold to students at any time except during an event open to the public. For example, foods and beverages of “minimal nutritional value” cannot be sold during dances open only to students.

C. Policy Implementation:

The Superintendent is responsible for implementing this policy and for developing any administrative procedures necessary, consistent with applicable state and federal laws and regulations. The Superintendent may delegate specific responsibilities to administrators and other school staff as he/she deems appropriate.


Legal reference:

42 U.S.C. § 1751 (2004) (note) (Local Wellness Policy)

42 U.S.C. §1751 et seq. (National School Lunch Program)

7 C.F.R. Part 210 et seq.

20-A M.R.S.A § 6601

Maine Department of Education Rule Chapter 51 (Child Nutrition Programs In Public Schools and Institutions)

Cross Reference:

KF – Community Use of School Facilities

JJE – Student Fund-Raising Activities

JJF– Student Activities Funds Management

JL – Wellness Policy

Adopted: January 27, 2011