Is Selling Candy At School Illegal, Can My Son Sell Candy At School

Student fundraisers that sell candy bars will no longer be allowed during school hours because of new federal regulations.

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Only foods that meet the new nutritional standards may be sold at fundraisers on school campuses during school hours, according to Heather Snead, food services coordinator for Franklin County pubic schools.

“There will be no more sending fundraiser items, such as candy bars, home with students,” said Assistant Superintendent Sue Rogers. “Those items will have to be picked up by parents 30 minutes after the end of the school day.”

However, the new rules also do not apply to fundraisers held on school campuses outside of school hours, Snead said. “School hours” are defined as the midnight before school opens through 30 minutes after the end of the school day.

“But during school hours, all competitive food items, including concession stand sales, must meet the “Smart Snacks” nutrition standards,” Snead told school board members Monday night.

Foods and beverages sold in vending machines and snack bars are also required to meet the Smart Snacks standards.

The United States Department of Agriculture (USDA) has implemented new regulations for schools accepting assistance from the National School Lunch Program in conjunction with the Healthy, Hunger-Free Kids Act of 2010. As of July 1, the nutrition standards upheld by the National School Lunch Program shall apply to all foods sold on school campuses and at any time during the school day.

The new rules do not apply to treats provided for celebrations and parties or meals packed from home because those items are not “sold,” Snead said.

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Union Hall District member P.D. Hambrick asked how the new regulations would affect the county”s Back Pack program that sends food home with children for the weekend.

Snead said food given to children participating in the Back Pack programs would be exempt from the regulations because that food is not sold to students.

During the meeting, Boone District board member Thad Montgomery voiced his disapproval of the new regulations, saying that kids will just bring their food from home and “we can”t stop that.”

“Why do we continue to go down this path?” he asked. “The federal government is trying to regulate everything.”

To comply with the new regulations, local education agencies and school food authorities will be charged with maintaining records, such as receipts, nutrition labels and product specifications.

Franklin County”s food services department will soon provide links on the school division website, The information tool kit link is designed to provide guidance on the new regulations and offer resources that will be helpful in answering questions and selecting food and beverage items that meet USDA regulations.

The Smart Snack Calculator link will help determine compliance of food and beverage items. Those accessing the link may use ingredient labels to determine compliance.

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