U.S.D.A. Fundraiser Exemption Days

The U.S.D.A. Healthy, Hunger-Free Kids Act of 2010 (HHFKA) requires that all foods sold outside of the school meal programs, on the school campus and at any time during the school day must meet the nutrition standards set forth in the HHFKA. This rule is also known as the ‘Smart Snacks” rule.

Texas Department of Agriculture (TDA) policy allows (6) six days per campus (not teacher or classroom) per school year to sell foods or beverages on campus that do not have to meet federal nutrition standards. These foods, which do not meet the nutrition standards for Smart Snacks, must not be sold where and/or when reimbursable meals are being served or consumed. 

The Hunger-Free Kids Act of 2010 (HHFKA) provides special exemptions for conducting infrequent school-sponsored fundraisers during which foods, which do not meet the nutrition standards for Smart Snacks, may be sold. 

USDA/TDA regulations regarding Exemption Day sales are:

 a)  Fundraiser items cannot be sold in the cafeteria where reimbursable meals are prepared, served or consumed.

b)  Fundraisers and exemption day sales cannot be held during regular meal times or offered in lieu of student meals to take the place of reimbursable breakfasts and lunches.

c)  Fundraiser sales must not be held at times that would prevent all students from having access to reimbursable breakfasts and lunches.