TECHNICAL ASSISTANCE NOTE
No. 04-04
Contact:
Diane Santoro
School Support Services
Paul Denson
FOOD AND NUTRITION MANAGEMENT
(
850) 245-0460
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Jim Horne, Commissioner
800/504-6609
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DATE:
?
September 17, 2003
TO:
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District School Superintendents
District School Food Service Directors
District Finance Officers
FROM:
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Diane Santoro, Administrator
Food and Nutrition Management
SUBJECT:
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Clarification of Amendment to Rule 6-7.042, FAC., regarding the Sale of
Competitive Foods
This technical assistance note is in response to a recent review by the Department’s Office of
General Counsel concerning the meaning and intent of the 1999 changes to Rule 6-7.042(2)(c)&(d),
Florida Administrative Code. The amendments concern district school board’s control over sales of
beverages sold in competition with the district’s food service program.
The Rule allows district school boards to decide whether or not to approve beverage sales that
benefit school activities or organizations in secondary schools under certain conditions, as outlined
below.
This technical assistance note supplants previously issued memoranda or guidance in this regard.
CARBONATED BEVERAGES
The rule change permits the school board to allow sales of carbonated beverages in secondary
schools by a school activity or organization authorized by the principal at all times if a beverage of
100 percent fruit juice is sold at the same location. (Except that, in order to ensure compliance with
Federal regulations, sales of carbonated soft drinks may not be allowed where breakfast or lunch is
served or eaten).
TA Note 04-04
September 17, 2003
Page 2
NON-CARBONATED BEVERAGES
The other change implemented at the time stated that non-carbonated beverages and 100 percent
fruit juice may be sold at all times during the day at any location. Competitive sales of these items
may take place in secondary schools if authorized by the school board and approved by the
principal.
FOODS OF MINIMAL NUTRITIONAL VALUE
Except for carbonated beverage sales as explained above, sales of all other “Foods of Minimal
Nutritional Value,” as identified in appendix B of 7 C.F.R. part 210, may only take place in
secondary schools, with the approval of the school board, one hour following the close of the last
lunch period (e.g., lunch ends at 1:00 PM, sales could begin at 2:00 PM).
OTHER COMPETITIVE FOOD SALES
Other than for beverage sales as indicated above, sales of any other foods sold in competition with
food service may only take place one hour following the close of the last lunch period, in secondary
schools, with the approval of the school board.
SALES BY THE SCHOOL FOOD SERVICE
The 1999 rule changes concerned school board control over allowable sales of items by
organizations other than the school food service program. As always, the district’s food service
program may vend food and beverage items any time and any place within schools.
If you wish additional information, please contact Diane Santoro at (800) 504-6609 or email
Diane.Santoro@fldoe.org.
DS/PD
cc:
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Ray Monteleone, Chief Education Financial Officer
Scott Odenbach, Assistant General Counsel
FNM Staff
