West Virginia Code § 18-2-6a

Sale of healthy beverages and soft drinks in schools
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(a) In order to generate funding for necessary programs and supplies, county boards may
permit the sale of healthy beverages and soft drinks in county schools except during
breakfast and lunch periods as follows:
(1) During a school day, soft drinks may not be sold in areas accessible to students in an
elementary school, middle school or junior high school through vending machines on the
premises, in school stores or in school canteens or through fund raisers by students,
teachers, groups or by any other means. In elementary, middle school or junior high school,
only healthy beverages may be sold in vending machines on the upremises, in school canteens
or through fund raisers by students, teachers, groups or by any other means. Nothing in this
section shall be construed to prohibit or limit sale or distributtion of any food or beverage
item through fund-raising activities of students, teachers or educational groups when the
items are intended for sale off the school grounds.(2) Those high schools which permit the
sale of soft drinks through vending machines also shall offer for sale healthy beverages. Of
the total beverages offered for sale, at least fifty percent shall be healthy beverages. Vending
machines containing healthy beverages shall bse in the same location or substantially similar
location as vending machines containing soft drinks.
(3) The sale of healthy beverages angd soft drinks shall be in compliance with the rules of the
National School Lunch Program and the School Breakfast Program of the state Board and
the Nutrition Service of the Uneited States Department of Agriculture, which became
effective on June 17, 1985. Seventy-five percent of the profits from the sale of healthy
beverages and soft drinkLs shall be allocated by a majority vote of the faculty Senate of each
school and twenty-five percent of the profits from the sale of healthy beverages and soft
drinks shall be allocated to the purchase of necessary supplies by the principal of the school.
(b) For the purposes of this section:
(1) W"School day" means the period of time between the arrival of the first student at the
school building and the end of the last instructional period; and
(2) "Healthy beverage" means water, one hundred percent fruit and vegetable juice, low-fat
milk and other juice beverages with a minimum of twenty percent real juice.

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