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1936 Carlotta Drive, Concord, CA 94519 (925) 682-8000

 Internal Auditor

You are here: Mt. Diablo Unified School District > Departments > Internal Auditor

Sale of Food Items 

The school district governing board may, by resolution, authorize student organizations to sell food. The resolution must state that no food items prepared on the premises are sold by the student organization during the school day (California Education Code Section 48931). The California Administrative Code, Title 5, Education, has further restrictions as follows:

15500 Food Sales in Elementary Schools

  • Except as provided in subsection (b) and Section 15501, no school providing kindergarten or any of grades one through eight shall permit the sale of food by pupil organizations if such school is participating in the National School Lunch, School Breakfast or Food Distribution program
  • The governing board of a school district or a county superintendent of schools may permit a student organization to sell not more than one food item per sale when all of the following conditions are met:
    1. The specific nutritious food item is approved by the governing board
    2. The food sales do not begin until after the close of the regularly scheduled midday food service period
    3. The sales during the regular school day are not of food items prepared on the premises
    4. There are no more than four such sales per year per school
    5. The food item sold is not one sold in the food service program at that school during that school day

15501 Sales in Secondary Schools

The governing board of any district may permit an organization consisting solely of students of such school to sell food items during or after the regular school day if the following conditions are met:
  • The specific nutritious food item is approved by the governing board
  • A student organization, or organizations, may be approved to sell food at any time during the school day, including the regularly scheduled food service period(s), as provided in (1) and/or (2):
    1. Only one such organization each school day selling no more than three types of food or beverage items such as confections, popcorn, nuts, fruit or soft drinks; and/or
    2. Any one or more student organizations may conduct no more than four food sales of any food items during a school year in each school, but such sales shall be held on the same four days for any or all organizations
  • The sales during the regular school day are not of food prepared on the premises
  • The food items sold during the regular school day are not those sold by the district in the food service program at that school during that school day
Fundrasing activities other than the selling of food items will bypass these difficult restrictions. When food items are to be sold, working very closely with the Food Services Department will be beneficial.