State law allows for a certain number of exempt fundraisers per year/semester/week.
Code of Virginia 22.1-207.4. Nutritional guidelines for competitive foods.
E. The regulations promulgated pursuant to this section shall permit each public school to conduct on school grounds during regular school hours no more than 30 school-sponsored fundraisers per school year, during which food that does not meet the nutrition guidelines for competitive foods may be sold to students.
Virginia Administrative Code 8 VAC 20-740-35. Exemption to the Nutrition Standard for School-Sponsored Fundraisers.
A. Each public school shall be permitted to conduct, on the school campus during regular school hours, no more than 30 school sponsored fundraisers per school year during which food or beverages that do not meet the nutrition Standard in this chapter or in the U.S. Department of Agriculture's regulations may be sold to students. School divisions are not required to allow exemptions to the nutrition Standard in this chapter for school-sponsored fundraisers and may implement more restrictive guidelines as part of the local wellness policy requirements outlined in 8VAC20-740-40 A.
B. One fundraiser is defined as one or more fundraising activities that last one school day. If multiple school-sponsored organizations conduct fundraisers on the same day, the combined activities shall be counted as one fundraiser. If a fundraising activity lasts more than one school day, each subsequent day's activity shall be considered as one fundraiser and shall count toward the 30 exempt fundraisers total per year.
C. Any fundraiser that sells food or beverages, whether the items meet the nutrition Standard or are exempt from the nutrition Standard in this chapter, may not be conducted during school meal service times. Pursuant to the Regulations Governing School Lunch Sale of Food Items (8VAC20-290) and the Regulations for the School Breakfast Program (8VAC20-580), any food or beverage item cannot be sold in competition with the National School Lunch Program and School Breakfast Program from 6a.m. until after the close of the last breakfast period and from the beginning of the first lunch period to the end of the last lunch period. Pursuant to 8VAC20-290 and 8VAC20-580, the income from any food or beverage sold to students during these times shall accrue to the nonprofit School Nutrition Program account.
D. An exemption is not required for nonfood fundraisers or for fundraisers that sell food or beverage items that meet the nutrition Standard in this chapter.]