TITLE 8. EDUCATION

STATE BOARD OF EDUCATION

Fast-Track Regulation

Title of Regulation: 8VAC20-290. Regulations Governing School Lunch Sale of Food Items (repealing 8VAC20-290-10).

Statutory Authority: § 22.1-16 of the Code of Virginia.

Public Hearing Information: No public hearing is currently scheduled.

Public Comment Deadline: September 10, 2025.

Effective Date: September 25, 2025.

Agency Contact: Jim Chapman, Director of Board Relations, Department of Education, James Monroe Building, 101 North 14th Street, 25th Floor, Richmond, VA 23219, telephone (804) 750-8750, or email jim.chapman@doe.virginia.gov.

Basis: Section 22.1-16 of the Code of Virginia authorizes the State Board of Education to adopt bylaws for its own government and promulgate regulations necessary to carry out its powers and duties.

Purpose: A periodic review of this regulation found that the chapter is obsolete and is therefore no longer essential to protect the health, safety, or welfare of citizens.

Rationale for Using Fast-Track Rulemaking Process: The board believes that this action is noncontroversial and therefore appropriate for the fast-track rulemaking process because it improves consistency with federal and state law.

Substance: Pursuant to a periodic review, the action repeals Regulations Governing School Lunch Sale of Food Items (8VAC20-290), which is obsolete.

Issues: The board is unaware of any disadvantages to the public or the Commonwealth. The primary advantage of this action is that it makes the board's regulations easier for the public and the Commonwealth to understand.

Department of Planning and Budget Economic Impact Analysis:

The Department of Planning and Budget (DPB) has analyzed the economic impact of this proposed regulation in accordance with § 2.2-4007.04 of the Code of Virginia and Executive Order 19. The analysis presented represents DPB's best estimate of the potential economic impacts as of the date of this analysis.¹

Summary of the Proposed Amendments to Regulation. According to the Department of Education (DOE), the agency conducted a review of 8VAC20-290, Regulations Governing School Lunch Sale of Food Items (regulation) and found that all of the contents of the regulation are obsolete. Consequently, the Board of Education proposes to repeal the regulation.

Background. The regulation concerns the former federally defined Type A meals. According to DOE, the Type A lunch was phased out in 1977 and Regulations Governing School Lunch Sale of Food Items is no longer used or relied upon by the agency or the regulated population.

Estimated Benefits and Costs. Since the regulation is in its entirety obsolete, repealing it would have no impact on requirements. The repeal would be beneficial since it would eliminate the chance members of the public would read the regulation and mistakenly believe the listed requirements were in effect.

Businesses and Other Entities Affected. The regulation pertains to the 131 school divisions in the Commonwealth. The Code of Virginia requires DPB to assess whether an adverse impact may result from the proposed regulation.² An adverse impact is indicated if there is any increase in net cost or reduction in net benefit for any entity, even if the benefits exceed the costs for all entities combined.³ As the proposed repeal of the regulation neither increases cost nor reduces benefit, no adverse impact is indicated.

Small Businesses⁴ Affected.⁵ The proposed repeal of the regulation does not adversely affect small businesses.

Localities⁶ Affected.⁷ The proposed repeal of the regulation neither disproportionally affects particular localities nor affects costs for local governments.

Projected Impact on Employment. The proposed repeal of the regulation does not affect employment.

Effects on the Use and Value of Private Property. The proposed repeal of the regulation neither affects the use and value of private property nor costs related to the development of real estate.

_____________________________

¹ Section 2.2-4007.04 of the Code of Virginia requires that such economic impact analyses determine the public benefits and costs of the proposed amendments. Further the analysis should include but not be limited to: (1) the projected number of businesses or other entities to whom the proposed regulatory action would apply, (2) the identity of any localities and types of businesses or other entities particularly affected, (3) the projected number of persons and employment positions to be affected, (4) the projected costs to affected businesses or entities to implement or comply with the regulation, and (5) the impact on the use and value of private property.

² Pursuant to § 2.2-4007.04 D: In the event this economic impact analysis reveals that the proposed regulation would have an adverse economic impact on businesses or would impose a significant adverse economic impact on a locality, business, or entity particularly affected, the Department of Planning and Budget shall advise the Joint Commission on Administrative Rules, the House Committee on Appropriations, and the Senate Committee on Finance. Statute does not define "adverse impact," state whether only Virginia entities should be considered, nor indicate whether an adverse impact results from regulatory requirements mandated by legislation.

³ Statute does not define "adverse impact," state whether only Virginia entities should be considered, nor indicate whether an adverse impact results from regulatory requirements mandated by legislation. As a result, DPB has adopted a definition of adverse impact that assesses changes in net costs and benefits for each affected Virginia entity that directly results from discretionary changes to the regulation.

⁴ Pursuant to § 2.2-4007.04, small business is defined as "a business entity, including its affiliates, that (i) is independently owned and operated and (ii) employs fewer than 500 full-time employees or has gross annual sales of less than $6 million."

⁵ If the proposed regulatory action may have an adverse effect on small businesses, § 2.2-4007.04 requires that such economic impact analyses include: (1) an identification and estimate of the number of small businesses subject to the proposed regulation, (2) the projected reporting, recordkeeping, and other administrative costs required for small businesses to comply with the proposed regulation, including the type of professional skills necessary for preparing required reports and other documents, (3) a statement of the probable effect of the proposed regulation on affected small businesses, and (4) a description of any less intrusive or less costly alternative methods of achieving the purpose of the proposed regulation. Additionally, pursuant to § 2.2-4007.1 of the Code of Virginia, if there is a finding that a proposed regulation may have an adverse impact on small business, the Joint Commission on Administrative Rules shall be notified.

⁶ "Locality" can refer to either local governments or the locations in the Commonwealth where the activities relevant to the regulatory change are most likely to occur.

⁷ Section 2.2-4007.04 defines "particularly affected" as bearing disproportionate material impact.

Agency Response to Economic Impact Analysis: The State Board of Education thanks the Department of Planning and Budget for its thorough economic impact analysis.

Summary:

Pursuant to a periodic review, the action repeals Regulations Governing School Lunch Sale of Food Items (8VAC20-290), which is obsolete.