M E M
O R A N D U M
TO:
Other
Interested Parties
FROM: Dr. Veronica C. García, Secretary of Education
(signature
on file)
RE: CLARIFICATION OF THE PED’S COMPETITIVE FOOD SALES RULE
[6.12.5
NMAC] RELATED TO OFF-CAMPUS FUNDRAISING SALES
The purpose of this memorandum is to clarify Section
8(C) (“Fund raisers”) of the PED’s nutrition and competitive food sales rule as
it applies to the sale of beverages and food products sold as fund raisers
outside of normal school hours. Because
the applicable law [22-13-13.1, NMSA 1978] does not permit the PED to prohibit
or restrict the sale of food or beverages through fundraising off campus, no
such restriction should be implied or inferred from the PED’s rule. However, the statutory prohibition would not
apply to fundraising sales outside of normal hours that occur on a school campus.
I am aware that any number of extra-curricular
activities, sports, or events sponsored/hosted by a district at which
concessions are offered occur outside of
normal hours. When they are on
school property, such after-hour fundraising sales would still require
compliance with the referenced section of the PED’s rule. It is only when student, teacher or group
fundraising sales are intended for sale off the school campus by such means as
catalogues or door-to-door or other direct solicitation that no prohibitions or
restrictions on nutritional content would apply.
I would encourage school districts and charter schools
to continue to be vigilant, but sensible about the nutritional value of foods
and beverages sold through fundraisers.
Thank you for your continued support for the education
and wellbeing of our students.
VCG/KMM/km
cc: PED
Executive Team, Dr. Kristine M. Meurer, Director SFSB