Administrative regulation specifying minimum nutritional standards for foods sold outside school breakfast and lunch programs -- Restrictions upon sale of certain foods and beverages -- Waiver -- Definitions -- Exceptions -- Student-based enterprise to sell competitive foods
KRS 158.854
in effect158.854. Administrative regulation specifying minimum nutritional standards for foods sold outside school breakfast and lunch programs -- Restrictions upon sale of certain foods and beverages -- Waiver -- Definitions -- Exceptions -- Student-based enterprise to sell competitive foods
(1) The Kentucky Board of Education shall promulgate an administrative regulation in accordance with KRS Chapter 13A to specify the minimum nutritional standards for all foods and beverages that are sold outside the N ational School Breakfast and National School Lunch programs, whether in vending machines, school stores, canteens, or a la carte cafeteria sales. Minimum nutritional standards shall be based on the most recent edition of the United States Department of Agr iculture's Dietary Guidelines for Americans. The administrative regulation shall address serving size, sugar, and fat content of the foods and beverages. School districts may impose more stringent standards than the standards implemented under the administ rative regulation. A school shall follow the minimum standards specified in the administrative regulation unless a waiver has been requested under KRS 156.161 by the school district for the school from the Kentucky Board of Education. Notwithstanding the duration of a waiver granted under KRS 156.161, any waiver approved by the Kentucky Board of Education relating to this section shall be reviewed on an annual basis.
(2) As used in this section:
(a) "Competitive food" means any food or beverage item sold in competition with the National School Breakfast and National School Lunch programs. The term does not include any food or beverage sold a la carte in the cafeteria;
(b) "School day" means the period of time between the arrival of the first student at the school building and the end of the last instructional period;
(c) "School-day-approved beverage" means water, one hundred percent (100%) fruit juice, lowfat milk, and any beverage that contains no more than ten (10) grams of sugar per serving; and
(d) "Student-based enterprise" means a district-approved program operated by a school district's students as part of a course designed to provide students with knowledge and experience of the operation of a business.
(3) No school may sell competitive foods or beve rages from the time of the arrival of the first student at the school building until thirty (30) minutes after the last lunch period.
(4) Only school-day-approved beverages shall be sold in elementary schools during the school day in vending machines, scho ol stores, canteens, or fundraisers that sell beverages by students, teachers, or groups.
(5) Nothing in this section or KRS 158.850 shall be construed to limit the sale of any foods or beverages by fundraisers off school property.
(6) Notwithstanding subsection (3) of this section, a local board of education may identify a student-based enterprise to sell competitive foods throughout the school day. The local board may establish policies for the operation of the student -based enterprise and for the use of the proceeds from the operation of the student -based enterprise. Competitive foods sold by a student -based enterprise shall comply with the minimum nutritional standards established under subsection (1) of this section.
Effective: July 15, 2026
History: Amended 2026 Ky. Acts ch. 81, sec. 1, effective July 15, 2026. -- Amended 2025 Ky. Acts ch. 113, sec. 7, effective June 27, 2025. -- Created 2005 Ky. Acts ch. 84, sec. 4, effective June 20, 2005.
Source: Kentucky Legislative Research Commission (legislature.ky.gov)URL: https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=57528Fetched: 10/20/2026