West Virginia - Competitive foods—ES: Federal requirement

Federal Requirement
Policy Type: 

State law requires that food and beverages sold outside of school meal program meet federal Smart Snacks nutrition standards.

Code of State Rules 126-86-10. Local Wellness Policy

  1. 1 Each LEA must establish a local wellness policy for all schools participating in the NSLP and/or SBP under the jurisdiction of the LEA. The LEA local school wellness policy is a federal requirement that must include methods to promote student wellness, prevent and reduce childhood obesity, and provide assurance that school meals and other foods and beverages sold and otherwise made available on the school campus during the school day are consistent with applicable federal and state standards. Local wellness policies must include specific goals for nutrition promotion and education, physical activity, and other school-based activities that are designed to promote student wellness; standards and nutrition guidelines for all foods and beverages sold to students on the school campus during the school day that are consistent with federal regulations; standards for all foods and beverages provided, but not sold to students during the school day; policies for food and beverage marketing that allow marketing and advertising of only those foods and beverages that meet federal nutrition standards; and, a description of the public involvement, public updates, policy leadership, and evaluation plan. Provisions in the final federal rule regulate that LEAs must establish wellness policy leadership of one or more LEA and/or school official(s) who have the authority and responsibility to ensure each school complies with the policy. Every school or county participating in the NSLP and/or SBP will inform the public about the content and implementation of the local school wellness policy. At a minimum LEAs must permit participation by the general public and the school community (including parents, students, and representatives of the school food authorities,teachers of physical education, school health professionals, the school board and school administrators) in the wellness policy process. The final rule requires state agencies to assess compliance with the wellness policy requirements as part of the general areas of the administrative review every three years. LEAs must conduct an assessment of the wellness policy every three years, at a minimum. This assessment will determine compliance with the wellness policy, how the wellness policy compares to model wellness policies, and progress made in attaining the goals of the wellness policy. The USDA does not specify the frequency of updates to the local school wellness policy, as the need to update will vary based upon the content and structure of each LEA's policy.

Code of State Rules 126-86-5. Nutrition Standards for Competitive Foods and Beverages

5.1 The Smart Snacks in School nutrition standards apply to any foods sold to students during the school day on the school campus, including foods sold as fundraisers. Foods that do not meet these federal standards cannot be sold to students on the school campus during the school day. Standards do not apply during non-school hours, on weekends, and at off school campus fundraising events, though local wellness policies may still apply. These standards apply to foods sold outside the National School Lunch Program (NSLP) and the School Breakfast Program (SBP).

Code of State Rules 126-85-120. Sale of Foods and Beverages

120.1 Food or beverage items sold or served during the school day must meet the requirements of Standards for School Nutrition, Policy 4321.1, § 126-86.

Code of State Rules 126-85-121. Requirements and Accountability for Foods and Beverages Sold/Served

121.1 The WVBE has adopted the Standards for School Nutrition, Policy 4321.1, which sets requirements for all foods and beverages made available on school premises during the school day. The school day for the purpose of this policy is defined as the time between the arrival of the first child at school and the end of the last scheduled instructional period.

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