R277-719-5. Fundraising Using Food or Beverages

  (1) An LEA shall comply with the standards set forth in this Section if the LEA has a school that offers programs under federal child nutrition laws on a school campus during the school day.

  (2)(a) Competitive food and beverage items sold during the school day shall meet federal nutrition standards.

  (b) Notwithstanding Subsection (2)(a), a school may sell food or beverages that do not meet the competitive food standards for the purpose of conducting infrequent school-sponsored fundraisers, subject to the following restrictions:

  (i) An LEA may not hold an exempt fundraiser more than three times per year per site;

  (ii) An exempt fundraiser may not last more than five consecutive days; and

  (iii) The principal of a school holding an exempt fundraiser shall designate an individual to maintain records for the fundraiser.

  (3) The Superintendent may grant permission for exempt fundraisers in addition to those allowed under Subsection (2)(b) upon the written request of a career and technical education program.