File:  EFEA*

NOTE:  Colorado school districts are required by law to adopt a policy on this subject and the law contains some specific direction as to the content or language. This sample contains the content/language that CASB believes best meets the intent of the law. However, the district should consult with its own legal counsel to determine appropriate language that meets local circumstances and needs.

Nutritious Food Choices

At every possible eating occasion, students will have opportunities to practice what they are taught in nutrition education and choose nutritious snacks that are low in fat, sodium and added sugars.

Schools are encouraged to take steps to ensure:

  nutritious foods are always available as an affordable option whenever food is served or sold;

  students have limited opportunities to eat snacks high in fat, sodium or added sugars; and

  competition with nutritious meals served by the school food service program is minimized.

The emphasis on healthy choices applies to:

  a la carte items (separate food choices) offered by the food service program;

  "competitive foods" which are snacks and beverages sold from vending machines, school stores and fund-raising activities that compete with the food service program; and

  refreshments that are available at school parties, celebrations and meetings.

[NOTE:  The Board has discretion to adopt the Colorado State Board of Education's healthy beverages standards or adopt more restrictive standards. C.R.S. 22-32-134.5 (1), 1 CCR 301-79.]

Each beverage offered for sale to students from any source, including the school cafeteria, vending machines, school stores and fund-raising activities conducted on school grounds, shall satisfy the minimum nutritional standards for beverages adopted by the State Board of Education. [Optional language:  The Board imposes the following additional restrictions:

  the sale of diet soda on high school campuses is prohibited;

  insert other local restrictions here]

These standards shall apply to beverages sold on campus during the regular school day and extended school day, including but not limited to extracurricular activities such as clubs, yearbook, band, student government and drama as well as childcare programs.

These standards shall not apply to the sale of beverages at school-related events where parents and other adults are invited attendees. Such activities include but are not limited to interscholastic sporting events, school plays and band concerts.

(Adoption date)

LEGAL REFS.:  C.R.S. 22-32-134.5 (healthy beverage requirement)

C.R.S. 22-32-136.3 (trans fat ban)

1 CCR 301-79 (State Board of Education - healthy beverages rules)

NOTE 1:  The USDA's regulations outline the nutrition standards for all foods sold in schools that participate in federal school meal programs under the National School Lunch Act and/or School Breakfast Act, including standards concerning saturated and trans fats, sugar, sodium and calories. 7 C.F.R. Parts 210 and 220. These "Smart Snacks in School" nutrition standards do not apply to:  (1) items sold during non-school hours, weekends or off-campus fundraising events; (2) foods brought from home for personal consumption; and/or (3) fundraiser foods not intended for consumption during the school day. A special exemption from this rule is permitted for "infrequent, school-sponsored fundraisers," as determined by each state. The Colorado Department of Education (CDE) set this number at three exemptions per school per school year. For more information on the USDA's "Smart Snacks in School" nutrition standards, visit CDE's Office of School Nutrition webpage or the USDA's Food and Nutrition Services webpage.

NOTE 2:  In addition to the federal nutrition standards, state law prohibits schools from "making available" to students any food or beverage that contains any amount of industrially produced trans fat. C.R.S. 22-32-136.3 (2). The trans fat ban applies to all food and beverages made available to students on school grounds during the school day and extended school day and includes items sold through the school cafeteria, school store or vending machines located on school grounds. C.R.S. 22-32-136.3 (3). However, if the food or beverage sold through the cafeteria, store or vending machine is part of school fundraising efforts conducted by one or more students, teachers or parents, the trans fat ban does not apply. C.R.S. 22-32-136.3 (4). The law also exempts items donated to the school that are given to students for consumption off school grounds and not during the school day. Id.

NOTE 3:  The Colorado State Board of Education's healthy beverages rules require that all beverages sold to students on school grounds during the regular school day and extended school day must meet, at a minimum, the USDA's nutrition standards for beverages sold in schools. 1 CCR 301-79, Rule 4.01. These federal beverage standards are listed in sample exhibit EFEA*-E, Healthy Beverages Standards for Schools.

[Revised April 2017]