Act 1220 of 2003 prohibits all elementary school students in-school access to vending machines offering food and beverages.
For purposes of Act 1220, vending machines shall be defined as any means used to sell or give away additional foods and beverages to elementary students anywhere on campus on a regular daily basis, including but not limited to, vended methods such as classroom, school store or concession stand, or equipment such as heated cabinets, cold or hot vending machines, ice chests, coolers, etc.
For purposes of ACT 1220, an elementary school campus is defined as a campus with a designated Local Education Agency (LEA) Number containing any combination of grades Pre-Kindergarten through Sixth Grade. Examples of elementary school campuses covered are Sixth Grade Centers, Fifth - Sixth (5-6) Schools, Pre-Kindergarten - First (PK-1) Grade Schools, or Fourth – Sixth (4-6) Grade Schools.
School campuses with grade levels including elementary grades fifth through sixth (5-6) grades, which also include one higher grade above six, would not meet the above definition. Examples would include combinations such as Fifth – Seventh (5-7) Grade Schools; Sixth – Eighth (6-8) Grade Schools; Sixth – Ninth (6-9) Grade Schools or Sixth – Twelfth (6-12) Grade Schools.
School administrators are reminded that monitoring will be done by Child Nutrition Unit, ADE. Failure to comply with a state or federal law can jeopardize the federal funding for the National School Lunch, Breakfast and Afterschool Snack programs. Act 1220 regarding elementary school vending takes precedent over the less restrictive federal law.
For all grade levels, current federal law restricts the sale and service of foods of minimal nutritional value in any area where federal reimbursable meals are sold, served or eaten by students. See ADE Director’s Memo IA - 02 - 003.