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Chapter 15. Child Nutrition Programs. Subchapter 1. Food Sales, Food Service, and Nutrition Education. Article 1. Food Sales by Student Organizations   

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(a) Except as provided in subsection (b) and Section 15501, no school providing kindergarten or any of grades one through eight shall permit the sale of food by pupil organizations if such school is participating in the National School Lunch, School Breakfast, or Food Distribution program.

(b) The governing board of a school district or a county superintendent of schools may permit a student organization to sell not more than one food item per sale when all of the following conditions are met:

(1) The specific nutritious food item is approved by the governing board.

(2) The food sales do not begin until after the close of the regularly scheduled midday food service period.

(3) The sales during the regular school day are not of food items prepared on the premises.

(4) There are no more than four such sales per year per school.

(5) The food item sold is a dessert type food, such as pastry, ice cream or fruit.

(6) The food item sold is not one sold in the food service program at that school during that school day.

Authority cited for Article 1:

Education Code 33031

Education Code 48931

(Amended by Register 77, No. 39.)