{"data":{"id":"us-ky/krs-158.854","jurisdiction":"us-ky","citation":"KRS 158.854","heading":"Administrative regulation specifying minimum nutritional standards for","body":"foods sold outside school breakfast and lunch programs -- Restrictions upon\nsale of certain foods and beverages -- Waiver -- Definitions -- Exceptions --\nStudent-based enterprise to sell competitive foods.\n(1) The Kentucky Board of Education shall promulgate an administrative regulation in\naccordance with KRS Chapter 13A to specify the minimum nutritional standards\nfor all foods and beverages that are sold outside the N ational School Breakfast and\nNational School Lunch programs, whether in vending machines, school stores,\ncanteens, or a la carte cafeteria sales. Minimum nutritional standards shall be based\non the most recent edition of the United States Department of Agr iculture's Dietary\nGuidelines for Americans. The administrative regulation shall address serving size,\nsugar, and fat content of the foods and beverages. School districts may impose more\nstringent standards than the standards implemented under the administ rative\nregulation. A school shall follow the minimum standards specified in the\nadministrative regulation unless a waiver has been requested under KRS 156.161 by\nthe school district for the school from the Kentucky Board of Education.\nNotwithstanding the d uration of a waiver granted under KRS 156.161, any waiver\napproved by the Kentucky Board of Education relating to this section shall be\nreviewed on an annual basis.\n(2) As used in this section:\n(a) \"Competitive food\" means any food or beverage item sold in competition with\nthe National School Breakfast and National School Lunch programs. The term\ndoes not include any food or beverage sold a la carte in the cafeteria;\n(b) \"School day\" means the period of time between the arrival of the first student\nat the school building and the end of the last instructional period;\n(c) \"School-day-approved beverage\" means water, one hundred percent (100%)\nfruit juice, lowfat milk, and any beverage that contains no more than ten (10)\ngrams of sugar per serving; and\n(d) \"Student-based enterprise\" means a district -approved program operated by a\nschool district's students as part of a course designed to provide students with\nknowledge and experience of the operation of a business.\n(3) No school may sell competitive foods or beve rages from the time of the arrival of\nthe first student at the school building until thirty (30) minutes after the last lunch\nperiod.\n(4) Only school-day-approved beverages shall be sold in elementary schools during the\nschool day in vending machines, scho ol stores, canteens, or fundraisers that sell\nbeverages by students, teachers, or groups.\n(5) Nothing in this section or KRS 158.850 shall be construed to limit the sale of any\nfoods or beverages by fundraisers off school property.\n(6) Notwithstanding subs ection (3) of this section, a local board of education may\nidentify a student -based enterprise to sell competitive foods throughout the school\nday. The local board may establish policies for the operation of the student -based\nenterprise and for the use of the proceeds from the operation of the student -based\nenterprise. Competitive foods sold by a student -based enterprise shall comply with\nthe minimum nutritional standards established under subsection (1) of this section.","path":["KRS Chapter 158"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=57528","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:51:06Z","sha256":"e528c5b308cc85a6f5a4e903a2ed9c722af301c29454aa577c7921eaa4e156a2","source_id":"us-ky","stale":false,"prev":"us-ky/krs-158.852","next":"us-ky/krs-158.855"},"notice":"GroundRules: Original legal text. Not legal advice."}