005.28.43-8.00. General Requirements for Food and Beverages in Public Schools
AR ADC 005.28.43-8.00Arkansas Administrative CodeEffective: November 10, 2022
Effective: November 10, 2022
Ark. Admin. Code 005.28.43-8.00
Formerly cited as AR ADC 005.15.15-8.00
005.28.43-8.00. General Requirements for Food and Beverages in Public Schools
8.01.2 During the school day, all schools may serve or provide food or beverages that are compliant with Smart Snacks regulations. This includes competitive foods provided by school administrators or school non-licensed or licensed staff (principals, coaches, teachers, club sponsors, etc.) students or student groups, parents or parent groups, or any other person, company, or organization associated with the school site.
8.01.2.1 The school district shall maintain documentation that all food and/or beverages comply by utilizing the Alliance for a Healthier Generation Smart Snacks Calculator, including a copy of the Smart Snacks Calculator product compliance screen and a copy of the nutrition fact label of the product.
8.01.3 During the school day, all schools may sell or provide competitive food or beverages to students anywhere on school premises thirty (30) minutes after the last lunch period has ended as long as those food and beverage items meet the Smart Snacks requirements and meet the following limitations:
8.02.4 School Events -- Students may be given any food and/or beverage items during the school day for up to nine (9) different events each school year to be determined and approved by school officials. These items may not be given during meal times in the areas where school meals are being served or consumed.
8.02.5 Foods for Instructional Purposes -- Foods integrated as a vital part of the instructional program are allowed at any time. Examples include edible manipulatives such as a square of cheese to teach fractions, a nutrition food experience, food production in family and consumer science units, and food science units.
8.02.6 U.S.D.A. Fresh Fruit and Vegetable Program -- Fresh fruits and fresh vegetables may be provided through this program, which is administered by DESE Child Nutrition Unit and funded through the Food, Conservation, and Energy Act of 2008 to provide all children in participating schools with a variety of free, fresh fruits and fresh vegetables throughout the school day.
8.02.7 Self-Sustaining Fresh Fruit and Vegetable Program -- Fresh fruits and fresh vegetables may be provided through this program administered at the local school level and funded through local Child Nutrition Funds (when exceeding an operating balance of three (3) months), school-sponsored groups, and/or private entities within the community. Schools participating in this program attest that the intent of the federal Fresh Fruit and Vegetable Program will be followed, including, but not limited to the requirements for only fresh fruits and fresh vegetables, nutrition education, and community involvement.
8.02.8 School Testing Days -- School officials may authorize students to be provided any food and/or beverage items during the school day that meet the Alliance for a Healthier Generation Smart Snacks Calculator requirements on those days scheduled on the school calendar as testing days as defined in Subsection 3.42 of these Rules.
Credits
Amended April 27, 2012; May 30, 2016; Oct. 1, 2020; Nov. 10, 2022.
Current with amendments received through February 15, 2024. Some sections may be more current, see credit for details.
Ark. Admin. Code 005.28.43-8.00, AR ADC 005.28.43-8.00
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