Morgan County Schools
Bylaws & Policies


The Board of Education recognizes that vending machines can produce revenues which are useful to augment programs and services to students and staff. It will, therefore, authorize such use in County facilities. No product may be vended which would conflict or contradict with Federal, State, or local policies and regulations.

The installation, servicing, stocking, and maintenance of each machine, as well as the removal of all sales proceeds, must be contracted for with a reputable supplier of vending machines and their products. In this manner, the school will not be responsible for purchasing, storing and safeguarding the inventory, removing and accounting for the sales proceeds or remitting the corresponding consumer sales tax.

With approval of the Superintendent the school may stock milk machines and remove the sales proceeds. Procedures at each school must be established to ensure that the stock is safeguarded and that all proceeds are receipted and deposited into the appropriate depository account(s).

It is the responsibility of the building administrator and/or school principal to control vending machines and what products are placed in them. School personnel should obtain product analysis information from vendors upon which the decisions are made.

Except for foods served in the school nutrition programs, no food shall be sold, served or distributed in elementary schools from the time the first child arrives until twenty (20) minutes after all students are served lunch.

Wherever and whenever foods are sold or otherwise offered on school premises both during and outside the school day, such foods should include nutritious choices.

Food and beverages sold in vending machines must meet USDA National School Nutrition Standards.

Foods sold during the school day must limit total calories to no more than 200 per product/package; total fat to no more than thirty-five percent (35%) of calories per product/package excluding nuts, seeds or cheese; saturated fat no less than ten percent (10%) of the total calories; trans fat to less than or equal to 0.5 grams per product/package; sugar content to no more than thirty-five percent (35%) of calories per product excluding fruits; and sodium to no more than 200 milligrams per product/package.

At all grade levels, it is recommended that only water, 100% fruit and/or vegetable juice and non-fat and/or 1% low-fat milk, flavored or unflavored be sold, served or distributed during the school day. However, W. Va. Code 18-2-6a permits the sale of other juice beverages with a minimum of twenty percent (20%) real juice.

No candy, soft drinks, chewing gum or flavored ice bars will be sold, served or distributed during the school day, except that, W. Va. State Code 18-2-6a permits the sale of soft drinks to students in county high schools except during breakfast and lunch periods.

Fruit/vegetable juice portion sizes shall be limited to no more than four (4) ounces for elementary students and no more than eight (8) ounces for middle/high school students per product/package during the school day.

The sale, service or distribution of coffee and coffee-based products during the school day is prohibited.

Also prohibited during the school day is caffeine containing beverages, with the exception of those containing trace amounts of naturally occurring caffeine substances; and the sale, service or distribution of any foods containing non-nutritive/artificial sweeteners.

Acceptable vended food items may be sold if nutritional validation is on file at the school. Validation may be in the form of a laboratory analysis of a specific item and shall be written on vending company letterhead and signed by an authorized company official. If nutritional labels are used as documentation, the school must provide access to that information at the time of review.

Soft drinks may not be vended during the school day.

Juice and water machines may be vended during meal times provided that ten per cent of the proceeds shall be remitted by check to the Child Nutrition Program. For any sales that occur during the breakfast and lunch periods, ten percent (10%) of the proceeds shall be remitted by check to the Child Nutrition Program.

All proceeds from vending machine sales are to be receipted and deposited into the appropriate school fund and account. Merchandise purchased for resale is to be purchased by check issued for that purpose. The purchase invoices are to be retained as documentation for the disbursements.

Periodically, a profit and loss statement, Form 8540 F1, is to be prepared to compare actual sales proceeds to the expected sales totals that should have been recognized from the amount of merchandise sold.

The Superintendent shall develop and implement administrative guidelines that will require that these conditions are adhered to on a continuing basis

W. V. Code 18-2-6a
State Board policy 1224.1, policy 4321.1 and policy 4320

Revised 8/7/12

© Neola 2012