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You are here: APS Home → Coordinated School Health → Wellness → Wellness FAQs

Wellness FAQs

These FAQs were compiled from questions received by APS schools and the NM Public Education Department's Nutrition and Wellness Policy to help clarify the requirements of NM Competitive Food Sales Rule.

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Nutrition

Why was the NM Competitive Food Sale and Wellness Policy Rules established?

The purpose of the Nutrition: Competitive Food Sales Rule is to help ensure that students, when sold food or beverages produced on the school campus, have healthy choices among the products sold.

The Nutrition: Competitive Food Sales Rule has been established based on the directive given in House Bill (HB) 61 of the 2005 legislative session. HB 61 charged the PED, in collaboration with others, to adopt a rule governing foods and beverages sold in all public schools to students outside of the United States Department of Agriculture (USDA) school meal programs.

The Wellness Policy Rule was established based on a federal requirement from the USDA. The USDA requires that all school districts that receive federal USDA funds shall have a local wellness policy around student nutrition and physical activity by the start of the school year following June 30, 2006. The PED has established a rule that requires all public school districts to have wellness policies and that these policies will include components related to a coordinated school health approach. The rule requires a local school district to establish a School Health Advisory Council (SHAC).

What are the specific requirements for foods and beverages sold through
vending, a la carte and fund raisers in elementary, middle and high schools?

This depends on the venue and school level. Refer to the New Mexico Public Education's Nutrition: Competitive Food Sales Grid for more information about what is allowable under the rule by grade level.

How do I know what my group can sell (i.e. DECA, PTA, band booster, etc)?

  • The Nutrition: Competitive Food Sales Rule does not dictate what any particular group can or cannot sell, rather it governs food/beverages sold to students on school campus. The group selling the food/beverage must determine the time of day, grade level standard and/or avenue (vending machine, a la carte or fund raiser) in which the food or beverage product is sold.
  • Food or beverage products that are sold in a vending machine must meet the
    requirement set in the rule by grade level and the time of day in which the product is available to be vended. For example: Only milk with 2% or less fat, soy milk and water may be vended in elementary schools after the last lunch period is over.
  • Food or beverage entrée-type products that are sold during lunch and are not part of the USDA school lunch program (i.e. Food & Nutrition Service snack bar and DECA) must meet the requirements for a la carte sales – this does not differ by grade level. They must also have a City food permit for such sales.
  • Food or beverage products that are sold during the school day that are neither part of the USDA school meal program or a la carte sales may not be sold during the lunch period and must meet the requirements for fund raisers during normal school hour by grade level.
  • Food or beverage products that are sold before or after school on school campus (i.e. sports concession stands that are held on school campus’, elementary school carnivals, etc.) must meet the requirements for fundraisers outside of normal school hours – this does not differ by grade level.

Do the NM Competitive Food Sales Rule guidelines apply to the school meals?

School meals (i.e.: school breakfast and lunch) are not governed by the NM Competitive Food Sales Rule because they are required to meet nutritional standards established by the US Department of Agriculture. However, the snack bars run by APS Food & Nutrition Services fall under the category of “a la carte” and must follow the same nutrition standards as all snack bars/a la carte sales on campus.

What food items are exempt?

NM Competitive Food Sales Rule exempts nuts, seeds, cheese, yogurt, and fruit from the requirements where food products are allowable for sale to students (note: this exemption does not exist where food products are not allowed for sale i.e.: vending machines in elementary schools).

If a product contains “cheese, nuts, seeds, fruit, or yogurt” then is this food product also exempt?

If a food product (vended or packaged) contains the exempt item the exempted ingredient would be subtracted from the total nutrient profile of the vended item to determine if it met the requirements. The calories, fat, saturated fat, trans fat and sugar contributed by the exempted ingredient would be subtracted from the total nutrient profile. For example: the cheese on a slice of cheese pizza is exempt, so the pizza’s nutrient profile is evaluated without the cheese and therefore meets the a la carte nutrition standards.

What does our district wellness policy say about classroom parties and snacks?

The NM Competitive Food Sales Rule set standards for foods and beverages sold to students. APS policy and procedures does not address classroom parties or snacks. However, schools are encouraged to look at the types of foods and beverages offered to students and consider healthier alternatives.

I have a vendor I work with and would like to sell products in our DECA store. How do I get them on bid?

All food and beverage vendors working with DECA must be approved by APS Procurement office according to procurement procedure. If a food item you would like to sell or a vendor you would like to work with is not on the DECA bid list, contact the APS Procurement Office.

Fundraisers

What does the 50% healthy fundraising in the Nutrition Rule mean in practice?

The NM Competitive Food Sales Rule states that beverages and food products may be sold as fundraisers outside of normal school hours for elementary, middle and high schools provided that at least 50% of the offerings meet specific requirements. For example if soda is offered as a choice in an on campus concession stand then water should be offered also. 50% of the options offered must meet the requirements of the rule.

Are popcorn sales for elementary schools no longer allowed during the school day?

Food or beverage products sold as fund raisers are not allowed during the normal school hours in elementary schools.

Is it true that no food can be sold as fundraisers during lunches at elementary, middle and high schools?

Yes. The NM Competitive Foods Rule does not allow food fundraisers during lunch period at all grade levels. If they meet the appropriate nutrition and time requirements for the prospective grade levels, fundraisers are allowed after school hours or during school hours outside of the lunch period.

Can schools still have breakfasts or dinners sponsored by clubs/groups to benefit the school? How would they need to alter the menu?

The NM Competitive Food Sale Rule addresses the sale of competitive food sold to students on campus. If the meals are not targeted as sales on school campus or are not available to students on campus it would not be governed by the rule. On-campus meal fundraisers before or after school hours that target students fall under the 50% fundraiser rule, so half of the items offered would need to meet the specific nutrition requirements. For example, to ensure compliance if organizing an enchilada dinner, offer beans, rice or a salad to balance out the meal.

How does the rule apply to outside vendors/ organizations doing fundraising?

If the vendor or organization is selling food or beverage products to students on school campus they must comply with the rules for the time of day in which they are selling and for the grade level.

Are clubs/groups selling sport drinks during lunch fundraising or a la carte sales?

Sports drinks may not be sold during lunch. They may only be sold: 1) in high school vending machines after the last lunch period, or 2) outside of normal school hours as long as another beverage product that meets the requirement is sold in conjunction with it (milk 2% or less; soy milk; water; and/or at least 50% fruit juice that has no added sweeteners, and a serving size not to exceed 20 oz.).

My PTA wants to do a Fundraiser with only cookie dough. Under the NM Competitive Food Sales Rule are they able to still do that?

Yes. Since this is an off-campus fundraiser outside of school hours, it is not governed by the NM Competitive Food Sales Rule.

What are the rules for a Fall Festival after school hours in terms of food sales? Can we sell things like sodas, Frito Pie, hot dogs and Nachos?

Since this is an after-school event, the food sales must meet the 50% healthy fundraising rule. Provided that at least 50% of the offerings meet the specific nutrition requirements for fundraisers (200 calories, 8 grams fat, 2 grams saturated/trans fat, and 15 grams sugar), then the food items mentioned above are allowed.

What are the rules for a fiesta during school hours? We don’t sell food but give students hot dogs and a soda. Is this alright?

Since the NM Competitive Food Sales Rule only applies to food and beverages sold to students, this is allowed. However, schools are strongly encouraged to offer healthier snack alternatives (such as fruit and bottled water) in the spirit of supporting wellness for all school events.

I have noticed that candy is regularly used as a reward for good grades on assignments and quizzes/tests at my kid’s school. Is this within the new rules?

Using food as a reward is not restricted under APS policy. However, recognizing this is a common practice with disadvantages; schools are encouraged to reward students with non-food items.

Baseball and Softball teams at my school have a snack bar they sell stuff out of at games. Are they limited in what they can sell at games?

Yes. This is considered a fundraiser outside of school hours and must follow the 50% healthy fundraising rule.

Our elementary school stopped selling sodas and sweet snacks. But we did understand that selling pickles after lunch was okay. Is this true?

Competitive food sales at the elementary level is not allowed during normal school hours, except I 2% fat milk, soy milk and water sold in beverage vending machines after the last lunch period.

Does the district policy include what snacks students bring from home?

No it does not. This is something we cannot regulate. However, schools can educate parents and suggest ideas for healthy snacks and lunches through school newsletters, handouts, and presentations.

Where do activities after school hours where refreshments are served (such as Family Math Night and PTA meetings with students performing) fit in the nutrition rule?

Since these are events after-school hours that do not sell food or beverages to students, they do not fall under the NM Competitive Foods Rule. However, schools are encouraged to offer healthy foods and beverages at all school events to support wellness.

Is it true that all food brought onto school campus must be purchased at a store, individually wrapped, and have nutrition labels on the package? What is the policy is for bringing homemade food to sell at the school as part as a fundraiser?

  • According to the City of Albuquerque Environmental Health Department, food products sold at school fundraisers must be individually wrapped with a listing of ingredients provided to avoid potential allergic reactions. For example, a baked good sold should not be on a platter for anyone to grab, but individually packaged in some way. For homemade goods, the ingredients or recipe should be attached.
  • School food fundraisers also require a CABQ food permit.
  • According to the CABQ Environmental Health Dept. homemade food, such as green chile stew, is not allowed to be sold to students on school campus.
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