2013-2014 Bill 3726: School Meals - South Carolina Legislature Online

1 South Carolina General Assembly 2 120th Session, 2013-2014 3 4 H. 3726 5 6 STATUS INFORMATION 7 8 General Bill 9 Sponsors: Rep. Sellers 10 Document Path: l:\council\bills\agm\19919ab13.docx 11 12 Introduced in the House on February 28, 2013 13 Currently residing in the House Committee on Education and Public Works 14 15 Summary: School meals 16 17 18 HISTORY OF LEGISLATIVE ACTIONS 19 20 Date Body Action Description with journal page number 21 2/28/2013 House Introduced and read first time ( House Journalpage 33) 22 2/28/2013 House Referred to Committee on Education and Public Works ( House Journalpage 33) 23 24 25 VERSIONS OF THIS BILL 26 27 2/28/2013 28 1 2 3 4 5 6 7 8 9 A BILL 10 11 TO AMEND SECTION 5910340, CODE OF LAWS OF SOUTH 12 CAROLINA, 1976, RELATING TO SNACKS SOLD FOR 13 STUDENT CONSUMPTION IN SCHOOLS, SO AS TO 14 PROVIDE FOR FAT, CALORIE, AND SUGAR CONTENT 15 STANDARDS THAT SNACK FOOD AND BEVERAGES 16 MUST MEET IN ORDER TO BE SOLD IN SCHOOLS, TO 17 DEFINE THE TERM “REGULAR SCHOOL DAY”, AND TO 18 ALLOW A SCHOOL DISTRICT TO SET STRICTER 19 STANDARDS; BY ADDING SECTION 5910345 SO AS TO 20 PROVIDE NUTRITIONAL REQUIREMENTS THAT 21 ELEMENTARY, MIDDLE, AND HIGH SCHOOLS MUST 22 FOLLOW FOR FULL MEALS FOR STUDENT 23 CONSUMPTION AND TO REGULATE PORTION SIZE FOR A 24 LA CARTE ITEM SALES; TO AMEND SECTION 5910380, 25 RELATING TO FOOD OR BEVERAGE ITEMS SOLD AS A 26 FUNDRAISER, SO AS TO SPECIFICALLY EXCLUDE 27 FUNDRAISERS FROM THE NUTRITIONAL 28 REQUIREMENTS; AND BY ADDING SECTION 5910390 SO 29 AS TO PROVIDE THAT REVISIONS TO THIS CHAPTER 30 MUST CORRESPOND WITH GUIDELINES ESTABLISHED 31 BY THE ALLIANCE FOR A HEALTHIER GENERATION. 32 33 Be it enacted by the General Assembly of the State of South 34 Carolina: 35 36 SECTION 1. Section 5910340 of the 1976 Code, as added by Act 37 102 of 2005, is amended to read: 38 39 “Section 5910340. (A) Each district’s Coordinated School 40 Health Advisory Council established pursuant to Section 5910330 41 shall determine which snacks and beverages may be sold in

[3726] 2 1 vending machines for student consumption in elementary, middle, 2 and high schools during the regular school day. 3 (B) Snacks sold in elementary, middle, and high schools for 4 student consumption may not have more than: 5 (1) two hundred total calories; 6 (2) thirtyfive percent of their total calories from fat; 7 (3) thirtyfive percent of their total weight composed of 8 sugar; and 9 (4) ten percent of their total calories from saturated fat. 10 (C) Beverages sold in elementary and middle schools for 11 student consumption may include only the following: 12 (1) up to eight ounce servings for elementary schools and up 13 to ten ounce servings for middle schools of fruitbased or 14 vegetablebased drinks that are composed of no less than one 15 hundred percent juice, have no added sweeteners, contain at least 16 ten percent of the recommended daily value for three or more 17 vitamins and minerals, and have no more than one hundred twenty 18 calories per eight ounces; 19 (2) drinking water; 20 (3) up to eight ounce servings for elementary schools and up 21 to ten ounce servings for middle schools of fatfree milk or lowfat 22 milk, including nutritionally equivalent milk alternatives. 23 (D) Beverages sold in high schools for student consumption 24 may include only the following: 25 (1) drinking water; 26 (2) zero calorie or low calorie beverages with up to ten 27 calories per eight ounces; 28 (3) up to twelve ounce servings of fatfree or lowfat milk, 29 including nutritionally equivalent milk alternatives with up to 150 30 calories per eight ounces; 31 (4) up to twelve ounce servings of fruitbased or 32 vegetablebased drinks that are composed of no less than one 33 hundred percent juice, have no added sweeteners, contain at least 34 ten percent of the recommended daily value for three or more 35 vitamins and minerals, and have no more than one hundred twenty 36 calories per eight ounces; and 37 (5) up to twelve ounce servings of other beverages with no 38 more than sixtysix calories per eight ounces. 39 (E) At least fifty percent of nonmilk beverages offered for sale 40 for student consumption in elementary, middle, and high schools 41 must be water and zero calorie or low calorie options. 42 (F) Snacks and beverages offered for student consumption in 43 vending machines in middle and high schools must conform to the

[3726] 3 1 same nutritional standards provided in this section. Snacks and 2 beverages may not be offered for sale for student consumption in 3 vending machines in elementary schools. 4 (G) For purposes of this section, ‘regular school day’ means the 5 instructional day, including lunch and recess hours. ‘Regular 6 school day’ does not include activities outside the instructional day 7 that occur either before or after the start of the instructional day, 8 such as clubs, yearbook, band and choir practice, student 9 government, drama, and childcare/latchkey programs. Also, 10 ‘regular school day’ does not apply to schoolrelated events such as 11 interscholastic sporting events, school plays, band concerts, or 12 other schoolrelated programs where parents and other adults 13 constitute a significant portion of the audience or are selling 14 beverages and snacks for schoolrelated purposes. 15 (H) If middle school and high school students have shared 16 access to areas on a common campus or in common buildings, the 17 school community has the option to adopt the high school 18 standard. 19 (I) Should federal regulations stipulate standards that exceed 20 those provided in subsections (B), (C), or (D) of this section, 21 federal regulations must take precedence. 22 (J) Nothing in this section prohibits a school district from 23 adopting standards that exceed those provided in this section.” 24 25 SECTION 2. Article 3, Chapter 10, Title 59 of the 1976 Code is 26 amended by adding: 27 28 “Section 5910345. (A) For purposes of this section, ‘full meal’ 29 means any combination of food items that meets USDA nutrition 30 guidelines and a USDA approved meal pattern. 31 (B) Any food served to a student in an elementary, middle, or 32 high school during the regular school day that is not a ‘full meal’ 33 must contain no more than: 34 (1) thirtyfive percent of its total calories from fat. This item 35 does not apply to the sale of nuts, nut butters, cheese packaged for 36 individual sale, fruits, vegetables, or legumes; 37 (2) thirtyfive percent of its total weight from sugar, 38 including naturally occurring or added sugar. This item does not 39 apply to the sale of fruits or vegetables; and 40 (3) ten percent of its total calories from saturated fat. This 41 item does not apply to eggs or cheese packaged for individual sale. 42 (C) Portion size for a la carte sales in a cafeteria must not 43 exceed the serving size of the food served in the National School

[3726] 4 1 Lunch Program or School Breakfast Program, but nothing in this 2 section prohibits the purchase of a la carte items. 3 (D) Nothing in this section prohibits a school district from 4 adopting standards that exceed those provided in this section.” 5 6 SECTION 3. Section 5910380 of the 1976 Code, as added by Act 7 102 of 2005 is amended to read: 8 9 “Section 5910380. Nothing in The provisions of this article 10 may not be construed to prohibit or limit the schoolapproved sale 11 or distribution by students, teachers, or groups, of any food or 12 beverage item through fundraisers by students, teachers, or groups 13 when the items are intended for sale off the school campus for 14 fundraising purposes.” 15 16 SECTION 4. Article 3, Chapter 10, Title 59 of the 1976 Code is 17 amended by adding: 18 19 “Section 5910390. Revisions to the provisions of this chapter 20 enacted by the General Assembly must correspond with the 21 Alliance for a Healthier Generation’s Competitive Food 22 Guidelines.” 23 24 SECTION 5. This act takes effect upon approval by the Governor 25 and begins with the 20132014 school year. 26 XX 27

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