Fundraisers that include food items that do not meet the competitive food nutritional standards and are intended to be consumed at a school must be sold outside the school day. 

Additionally, any foods sold by individuals and groups outside of the food service department must follow the time and place restrictions.  See below.

 If the food sale is a part of a fundraiser, it is tax exempt. 

If the food fundraiser is a plate sale, pre-numbered tickets can be used for the sale. 

TEXAS DEPARTMENT OF AGRICULTURE GUIDELINES 

Time and Place Restrictions 

What items can be sold as fundraisers during the school day? 

• Food items that meet competitive food nutrition standards such as whole grain-rich flour, air-popped popcorn and trail mixes. 

• Food items that are not intended to be consumed at school such as ready-to-bake cookie dough or ready-to heat pizza.

Who can sell competitive foods? 

ELEMENTARY SCHOOL – Food service department ONLY 

MIDDLE SCHOOL – The food service department may sell competitive foods from 30 minutes before the meal service period through 30 minutes after the meal service period on the school campus.  Only outside of this designated time period can individuals and groups sell competitive foods on the school campus. 

HIGH SCHOOL – The food service department may sell competitive foods during the meal service period where reimbursable meals are sold or consumed on the school campus.  Only outside of this designated time period and designated location, can individuals and groups sell competitive foods on the school campus

Food Fundraisers Outside of the Defined School Day

Food fundraisers where prepared foods (or prepackaged foods) are being sold are allowed as long as it is after district defined school hours. Fundraising may be held on or off campus (with the appropriate approvals). 

Additional Texas Department of Agriculture Guidelines:

• School Day is defined as - the period from the midnight before the beginning of the official instructional day to 30 minutes after the end of the official instructional day. The Competitive Food Nutrition Standards do not apply to after-school programs, events, or activities during the 30 minutes after the end of the official instructional day.
• School Campus is defined as all areas of the property under the jurisdiction of the school that are accessible to students during the school day. Competitive Food Nutrition Standards apply to these places. This includes, but is not limited to, performing arts centers and sports facilities.
• There is no limit on fundraisers that meet the Competitive Food Nutrition Standards. Any food and/or beverage item that meets the standards may be sold on the school campus during the school day. 
• Exempt Fundraisers- TX public schools that participate in NSLP or SBP may sell food and/or beverages as part of a fundraiser that does not meet the Competitive Food Nutrition Standards during the school day for up to six (6) days per school year on each school campus. 
• Food and/or beverages sold during an exempt fundraiser must not be sold in competition with school meals in the food service area during the school meal service. 
• Food Sold During the School Day not intended for consumption in schools - Comp. Food Nutrition Standards do not apply to fundraising activities that include the ordering and distribution of food and/or beverages not intended to be consumed during the school day on the school campus. This includes ordering food items that will be picked up a later time in the future. Typically, these foods need further preparation before they can be served/consumed. 
• Foods and/or beverages sold to students at concession stands or other events must meet the Competitive Food Nutrition Standards if the sale occurs during the school day on the school campus. 

Please consult the Child Nutrition Department for further direction as needed.