KRS 158.854: Administrative regulation specifying minimum nutritional standards for

foods sold outside school breakfast and lunch programs -- Restrictions upon

sale of certain foods and beverages -- Waiver -- Definitions -- Exceptions --

Student-based enterprise to sell competitive foods.

(1) The Kentucky Board of Education shall promulgate an administrative regulation in

accordance with KRS Chapter 13A to specify the minimum nutritional standards

for all foods and beverages that are sold outside the N ational School Breakfast and

National School Lunch programs, whether in vending machines, school stores,

canteens, or a la carte cafeteria sales. Minimum nutritional standards shall be based

on the most recent edition of the United States Department of Agr iculture's Dietary

Guidelines for Americans. The administrative regulation shall address serving size,

sugar, and fat content of the foods and beverages. School districts may impose more

stringent standards than the standards implemented under the administ rative

regulation. A school shall follow the minimum standards specified in the

administrative regulation unless a waiver has been requested under KRS 156.161 by

the school district for the school from the Kentucky Board of Education.

Notwithstanding the d uration of a waiver granted under KRS 156.161, any waiver

approved by the Kentucky Board of Education relating to this section shall be

reviewed on an annual basis.

(2) As used in this section:

(a) "Competitive food" means any food or beverage item sold in competition with

the National School Breakfast and National School Lunch programs. The term

does not include any food or beverage sold a la carte in the cafeteria;

(b) "School day" means the period of time between the arrival of the first student

at the school building and the end of the last instructional period;

(c) "School-day-approved beverage" means water, one hundred percent (100%)

fruit juice, lowfat milk, and any beverage that contains no more than ten (10)

grams of sugar per serving; and

(d) "Student-based enterprise" means a district -approved program operated by a

school district's students as part of a course designed to provide students with

knowledge and experience of the operation of a business.

(3) No school may sell competitive foods or beve rages from the time of the arrival of

the first student at the school building until thirty (30) minutes after the last lunch

period.

(4) Only school-day-approved beverages shall be sold in elementary schools during the

school day in vending machines, scho ol stores, canteens, or fundraisers that sell

beverages by students, teachers, or groups.

(5) Nothing in this section or KRS 158.850 shall be construed to limit the sale of any

foods or beverages by fundraisers off school property.

(6) Notwithstanding subs ection (3) of this section, a local board of education may

identify a student -based enterprise to sell competitive foods throughout the school

day. The local board may establish policies for the operation of the student -based

enterprise and for the use of the proceeds from the operation of the student -based

enterprise. Competitive foods sold by a student -based enterprise shall comply with

the minimum nutritional standards established under subsection (1) of this section.