Avery County Schools Policy Policy Code: 6235


The Avery County Board of Education hereby grants each school the authority to sell beverages to students in vending machines during the regular and extended school day so long as the following requirements are met:

    1. Soft drinks are not sold (a) during the breakfast and lunch periods, (b) at
    elementary schools, or (c) contrary to the requirements of the National School
    Lunch Program;

    2. Sugared carbonated soft drinks, including mid-calorie carbonated soft drinks,
    are not offered for sale in elementary and middle schools;

    3. Not more than fifty percent (50%) of the offerings for sale to students in high
    schools are sugared carbonated soft drinks; and

    4. Bottled water products are available in every school that has beverage

Diet carbonated soft drinks are not considered in the same category as sugared carbonated soft drinks.

The extended school day includes activities such as extracurricular club meetings, yearbook, band and choir practice, student government, drama and childcare/latchkey programs. The extended school day does not include school-related events where parents and other adults constitute a significant portion of the audience or are selling beverages as boosters. Examples of such school-related events include interscholastic sporting events, school plays and band/orchestra concerts. Nothing in this policy is intended to prohibit or restrict the sale of beverages, including soft drinks: (a) after the end of the extended school day; (b) on weekends; or (c) on school vacations or holidays.


Federal procurement procedures must be followed for all beverage vending contracts that include in whole or in part products to be resold by the Child Nutrition Program (CNP). In addition, the Superintendent or his/her designee will publish requests separate bids for beverages to be sold through the CNP and bids or requests for proposals (“RFPs”) for beverages not to be sold through the CNP.

All beverage vending contracts must be approved by the board of education, unless, upon the recommendation of the superintendent, the board specifically delegates such authority to school personnel.

Legal References: National School Lunch Act, 42 U.S.C. § 1751, et seq; 7 C.F.R. § 210.11; 7 C.F.R. 3016.36; G.S. 115C-263, -264, 264.2, -264.3; 16 N.C.A.C. 6H.0104; Avery County Schools Policy Code: 6235 Page 1 of 2 State Board of Education Policy TCS-S-000; Eat Smart: North Carolina’s Recommended Standards for All Foods in Schools, NC Department of Health and Human Services, NC Division of Public Health, (2004),

Cross References: Goals of Student Food Services (policy 6200), Operation of Student Food Services (policy 6220), Nutritional Standards for Food Selection (policy 6230)

Adopted: 02/05/07 Revised: 09/14/09

Avery County Schools Policy Code: 6235 Page 2 of 2