The Board of Education shall provide cafeteria facilities in all school facilities where space and facilities permit, and will provide food-service for the purchase and consumption of breakfast and lunch for all students. The Board shall annually encumber the funds needed to operate the program.

The food-service program shall comply with Federal and State regulations pertaining to the selection, preparation, consumption, and disposal of food and beverages as well as to the fiscal management of the program. In addition, as required by law, a food safety program that is based on the principles of the Hazard Analysis and Critical Control Point (HACCP) system shall be implemented with the intent of preventing food-borne illnesses. For added safety and security, access to the facility and the food stored and prepared therein shall be limited to food service program staff and other authorized persons.

During all times while the food-service program is operating and students are being served food, at least one (1) employee shall be present in the area in which the food is being consumed.

Breakfast and lunches sold by the school may be purchased by students and staff members and community residents in accordance with administrative guidelines established by the Superintendent.

The operation and supervision of the food-service program shall be the responsibility of the Coordinator of Food Service. In accordance with Federal law, the Coordinator of Food Service shall take such actions as are necessary to obtain a minimum of two (2) food safety inspections per school year for each school, which are conducted by State or local governmental agency responsible for food safety inspections. The report of the most recent inspection will be posted in a publicly visible location, and a copy of the report will be available to members of the public upon request.

A periodic review of the food-service accounts shall be made by the Food Services Department. Any surplus funds from the National School Lunch Program shall be used to reduce the cost of the service to students or to purchase cafeteria equipment. Surplus funds from a la carte foods may accrue to the food-service program. All meals must be priced and served as a unit. Only fluid milk, non-fat and/or one percent (1%) low-fat milkshakes and bottled water may be sold as a la carte items for breakfast and lunch at any grade level.

No foods or beverages, other than those associated with the County's food-service program, are to be sold during food-service hours in the dining area. The County shall serve only nutritious food as determined by the Food-Service Department and in compliance with Federal and State regulations. No candy, chewing gum or flavored ice bars will be sold or served during the school day. No soft drinks shall be sold or served during the school day unless permitted by the Board.

The Board will permit the sale of soft drinks in county high schools except during breakfast and lunch periods. The sale of such soft drinks shall be in compliance with the rules of the National School Lunch Program and the School Breakfast Program of the State Board and the nutrition service of the United States Department of Agriculture. Seventy-five percent (75%) of the profits from the sale of soft drinks shall be allocated by a majority vote of the faculty senate of each school and twenty-five percent (25%) of the profits from the sale of soft drinks shall be allocated to the purchases of necessary supplies by the principal of the school. No foods containing more than thirty-five percent (35%) sugar by weight will be sold or served. Any juice or juice product sold or served must contain a minimum of twenty percent (20%) real juice.

All "other foods" available during the instructional day shall reflect the Dietary Guidelines for Americans and Board of Education Policy 8510.01.

Foods and beverages unassociated with the food-service program may be vended in accordance with County Board Policy 8540.

The Superintendent shall implement administrative guidelines for food sales that occur during non-meal times.

W.Va. State Board of Education Policy 4320 and Policy 4321.1
W.Va. Code 18-2-6a

7 C.F.R. 210, 215, 220, 240
The Child Nutrition and WIC Reauthorization Act of 2004 (Public Law 108-265)

Revised 3/10/09