1 South Carolina General Assembly 2 118th Session, 2009-2010 3 4 H. 3297 5 6 STATUS INFORMATION 7 8 General Bill 9 Sponsors: Reps. Sellers, E.H. Pitts, Brady, Hutto and Bowers 10 Document Path: l:\council\bills\nbd\11124bh09.docx 11 12 Introduced in the House on January 15, 2009 13 Introduced in the Senate on May 5, 2009 14 Last Amended on April 30, 2009 15 Currently residing in the Senate 16 17 Summary: Food 18 19 20 HISTORY OF LEGISLATIVE ACTIONS 21 22 Date Body Action Description with journal page number 23 1/15/2009 House Introduced and read first time HJ421 24 1/15/2009 House Referred to Committee on Education and Public Works HJ422 25 2/10/2009 House Member(s) request name added as sponsor: Brady 26 2/12/2009 House Member(s) request name added as sponsor: Hutto 27 4/28/2009 House Committee report: Favorable with amendment Education and Public Works HJ4 28 4/29/2009 Scrivener's error corrected 29 4/30/2009 House Member(s) request name added as sponsor: Bowers 30 4/30/2009 House Amended HJ27 31 4/30/2009 House Read second time HJ31 32 4/30/2009 House Unanimous consent for third reading on next legislative day HJ31 33 5/1/2009 House Read third time and sent to Senate HJ1 34 5/5/2009 Senate Introduced and read first time SJ8 35 5/5/2009 Senate Referred to Committee on Education SJ8 36 2/16/2010 Senate Committee report: Majority favorable with amend., minority unfavorable Education 37 SJ5 38 2/17/2010 Scrivener's error corrected 39 40 41 VERSIONS OF THIS BILL 42 43 1/15/2009 44 4/28/2009 45 4/29/2009 46 4/30/2009 47 2/16/2010 48 2/17/2010 49 1 Indicates Matter Stricken 2 Indicates New Matter 3 4 COMMITTEE REPORT 5 February 16, 2010 6 7 H. 3297 8 9 Introduced by Reps. Sellers, E.H. Pitts, Brady, Hutto and Bowers 10 11 S. Printed 2/16/10--S. [SEC 2/17/10 4:54 PM] 12 Read the first time May 5, 2009. 13 14 15 THE COMMITTEE ON EDUCATION 16 To whom was referred a Bill (H. 3297) to amend Section 17 5910340, Code of Laws of South Carolina, 1976, relating to 18 snacks sold for student consumption in schools, so as to provide 19 for fat, etc., respectfully 20 REPORT: 21 That they have duly and carefully considered the same and 22 recommend that the same do pass with amendment: 23 24 Amend the bill, as and if amended, by deleting all after the 25 enacting words and inserting: 26 / SECTION 1. Section 5910340 of the 1976 Code, as added 27 by Act 102 of 2005, is amended to read: 28 “Section 5910340. (A) Each district’s Coordinated School 29 Health Advisory Council established pursuant to Section 5910330 30 shall determine which snacks and beverages may be sold in 31 vending machines for student consumption in elementary, middle, 32 and high schools during the regular school day. 33 (B) Snacks sold in elementary, middle, and high schools for 34 student consumption may not have more than: 35 (1) two hundred total calories; 36 (2) thirtyfive percent of their total calories from fat; 37 (3) thirtyfive percent of their total weight composed of 38 sugar; and 39 (4) ten percent of their total calories from saturated fat. 40 (C) Beverages sold in elementary and middle schools for 41 student consumption may include only the following:

[3297-2] 1 (1) up to eight ounce servings for elementary schools and up 2 to ten ounce servings for middle schools of fruit or vegetablebased 3 drinks that are composed of no less than one hundred percent juice, 4 have no added sweeteners, contain at least ten percent of the 5 recommended daily value for three or more vitamins and minerals, 6 and have no more than one hundred twenty calories per eight 7 ounces; 8 (2) drinking water; 9 (3) up to eight ounce servings for elementary schools and up 10 to ten ounce servings for middle schools of fatfree milk or lowfat 11 milk, including nutritionally equivalent milk alternatives. 12 (D) Beverages sold in high schools for student consumption 13 may include only the following: 14 (1) drinking water; 15 (2) zero calorie or low calorie beverages with up to ten 16 calories per eight ounces; 17 (3) up to twelve ounce servings of fatfree or lowfat milk, 18 including nutritionally equivalent milk alternatives with up to 150 19 calories per eight ounces; 20 (4) up to twelve ounce servings of fruit or vegetablebased 21 drinks that are composed of no less than one hundred percent juice, 22 have no added sweeteners, contain at least ten percent of the 23 recommended daily value for three or more vitamins and minerals, 24 and have no more than one hundred twenty calories per eight 25 ounces; and 26 (5) up to twelve ounce servings of other beverages with no 27 more than sixtysix calories per eight ounces. 28 (E) At least fifty percent of nonmilk beverages offered for sale 29 for student consumption in elementary, middle, and high schools 30 must be water and zero calorie or low calorie options. 31 (F) Snacks and beverages offered for student consumption in 32 vending machines in middle and high schools must conform to the 33 same nutritional standards provided in this section. Snacks and 34 beverages may not be offered for sale for student consumption in 35 vending machines in elementary schools. 36 (G) For purposes of this section: 37 (1) ‘Regular school day’ means the instructional day, 38 including lunch and recess hours. ‘Regular school day’ does not 39 include activities outside the instructional day that occur either 40 before or after the start of the instructional day, such as clubs, 41 yearbook, band and choir practice, student government, drama, and 42 childcare/latchkey programs. Also, ‘regular school day’ does not 43 apply to schoolrelated events such as interscholastic sporting

[3297-3] 1 events, school plays, band concerts, or other schoolrelated 2 programs where parents and other adults constitute a significant 3 portion of the audience or are selling beverages and snacks for 4 schoolrelated purposes. 5 (H) If middle school and high school students have shared 6 access to areas on a common campus or in common buildings, the 7 school community has the option to adopt the high school 8 standard. 9 (I) Should federal regulations stipulate standards that exceed 10 those provided in subsections (B), (C), or (D) of this section, 11 federal regulations must take precedence. 12 (J) Nothing in this section prohibits a school district from 13 adopting standards that exceed those provided in this section.” 14 SECTION 2. Article 3, Chapter 10, Title 59 of the 1976 Code 15 is amended by adding: 16 “Section 5910345. (A) For purposes of this section, ‘full meal’ 17 means any combination of food items that meets USDA nutrition 18 guidelines and a USDA approved meal pattern. 19 (B) Beginning with the 20102011 school year, any food served 20 to a student in an elementary, middle, or high school during the 21 regular school day that is not a ‘full meal’ must contain no more 22 than: 23 (1) thirtyfive percent of its total calories from fat. This item 24 does not apply to the sale of nuts, nut butters, cheese packaged for 25 individual sale, fruits, vegetables, or legumes; 26 (2) thirtyfive percent of its total weight from sugar, 27 including naturally occurring or added sugar. This item does not 28 apply to the sale of fruits or vegetables; and 29 (3) ten percent of its total calories from saturated fat. This 30 item does not apply to eggs or cheese packaged for individual sale. 31 (C) Portion size for a la carte sales in a cafeteria must not 32 exceed the serving size of the food served in the National School 33 Lunch Program or School Breakfast Program, but nothing in this 34 section prohibits the purchase of a la carte items. 35 (D) Nothing in this section prohibits a school district from 36 adopting standards that exceed those provided in this section.” 37 SECTION 3. Section 5910380 of the 1976 Code is amended to 38 read: 39 “Section 5910380. Nothing in The provisions of this article may 40 not be construed to prohibit or limit the schoolapproved sale or 41 distribution by students, teachers, or groups, of any food or 42 beverage item through fundraisers by students, teachers, or groups 43 when the items are intended for sale off the school campus for

[3297-4] 1 fundraising purposes during sales or distributions that occur either 2 before or after the regular school day. 3 SECTION 4. This act takes effect upon approval by the 4 Governor and begins with the 20102011 school year. / 5 Renumber sections to conform. 6 Amend title to conform. 7 8 JOHN E. COURSON for Committee. 9 10 11 STATEMENT OF ESTIMATED FISCAL IMPACT 12 ESTIMATED FISCAL IMPACT ON GENERAL FUND 13 EXPENDITURES: 14 $0 (No additional expenditures or savings are expected) 15 ESTIMATED FISCAL IMPACT ON FEDERAL & OTHER 16 FUND EXPENDITURES: $0 (No additional expenditures or savings are expected) 17 EXPLANATION OF IMPACT: 18 The State Department of Education (SDE) indicates this bill will 19 have no fiscal impact to the agency. There would be no fiscal 20 impact on federal and/or other funds. 21 SPECIAL NOTES: 22 A survey of the local school districts indicates they would 23 potentially realize a loss of revenue from the sale of certain foods. 24 The survey indicated the districts could lose revenue amounts 25 ranging from less than $10,000 to several hundred thousand dollars 26 per district. 27 28 Approved By: 29 Harry Bell 30 Office of State Budget 31

[3297-5] 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; AND 17 BY ADDING SECTION 5910345 SO AS TO PROVIDE THAT 18 ELEMENTARY SCHOOLS MAY OFFER ONLY FULL MEALS 19 FOR STUDENT CONSUMPTION, AND TO PROVIDE FOR 20 FAT, CALORIE, AND SUGAR CONTENT STANDARDS 21 THAT FOODS AND BEVERAGES MUST MEET IN ORDER 22 TO BE SOLD IN SCHOOLS. 23 24 Be it enacted by the General Assembly of the State of South 25 Carolina: 26 27 SECTION 1. Section 5910340 of the 1976 Code, as added by Act 28 102 of 2005, is amended to read: 29 30 “Section 5910340. (A) Each district’s Coordinated School 31 Health Advisory Council established pursuant to Section 5910330 32 shall determine which snacks and beverages may be sold in 33 vending machines for student consumption in elementary, middle, 34 and high schools during the regular school day. 35 (B) Snacks sold in elementary, middle, and high schools for 36 student consumption may not have more than: 37 (1) two hundred total calories; 38 (2) thirtyfive percent of their total calories from fat; 39 (3) thirtyfive percent of their total weight composed of 40 sugar; and 41 (4) ten percent of their total calories from saturated fat.

[3297] 6 1 (C) Beverages sold in elementary and middle schools for 2 student consumption may include only the following: 3 (1) up to eight ounce servings for elementary schools and up 4 to ten ounce servings for middle schools of fruit or vegetablebased 5 drinks that are composed of no less than one hundred percent juice, 6 have no added sweeteners, contain at least ten percent of the 7 recommended daily value for three or more vitamins and minerals, 8 and have no more than one hundred twenty calories per eight 9 ounces; 10 (2) drinking water; 11 (3) up to eight ounce servings for elementary schools and up 12 to ten ounce servings for middle schools of fatfree milk or lowfat 13 milk, including nutritionally equivalent milk alternatives. 14 (D) Beverages sold in high schools for student consumption 15 may include only the following: 16 (1) drinking water; 17 (2) zero calorie or low calorie beverages with up to ten 18 calories per eight ounces; 19 (3) up to twelve ounce servings of fatfree or lowfat milk, 20 including nutritionally equivalent milk alternatives with up to 150 21 calories per eight ounces; 22 (4) up to twelve ounce servings of fruit or vegetablebased 23 drinks that are composed of no less than one hundred percent juice, 24 have no added sweeteners, contain at least ten percent of the 25 recommended daily value for three or more vitamins and minerals, 26 and have no more than one hundred twenty calories per eight 27 ounces; and 28 (5) up to twelve ounce servings of other beverages with no 29 more than sixtysix calories per eight ounces. 30 (E) At least fifty percent of nonmilk beverages offered for sale 31 for student consumption in elementary, middle, and high schools 32 must be water and zero calorie or low calorie options. 33 (F) Snacks and beverages offered for student consumption in 34 vending machines in middle and high schools must conform to the 35 same nutritional standards provided in this section. snacks and 36 beverages may not be offered for sale for student consumption in 37 vending machines in elementary schools. 38 (G) For purposes of this section: 39 (1) ‘Regular school day’ means the instructional day, 40 including lunch and recess hours. ‘regular school day’ does not 41 include activities outside the instructional day that occur either 42 before or after the start of the instructional day, such as clubs, 43 yearbook, band and choir practice, student government, drama, and

[3297] 7 1 childcare/latchkey programs. Also, ‘regular school day’ does not 2 apply to schoolrelated events such as interscholastic sporting 3 events, school plays, band concerts, or other schoolrelated 4 programs where parents and other adults constitute a significant 5 portion of the audience or are selling beverages and snacks for 6 schoolrelated purposes. 7 (H) If middle school and high school students have shared 8 access to areas on a common campus or in common buildings, the 9 school community has the option to adopt the high school 10 standard.” 11 12 SECTION 2. Article 3, Chapter 10, Title 59 of the 1976 Code is 13 amended by adding: 14 15 “Section 5910345. (A) Beginning with the 20092010 school 16 year, the only food that may be served to a student in an 17 elementary school during breakfast and lunch periods is food that 18 is sold as a full meal. For purposes of this section, ‘full meal’ 19 means any combination of food items that meets USDA nutrition 20 guidelines and a USDA approved meal pattern. However, if a 21 child brings a meal from home, the child may purchase individual 22 meal items. 23 (B) Beginning with the 20092010 school year, any food served 24 to a student in an elementary, middle, or high school during the 25 regular school day that is not a ‘full meal’ must contain no more 26 than: 27 (1) thirtyfive percent of its total calories from fat. This item 28 does not apply to the sale of nuts, nut butters, cheese packaged for 29 individual sale, fruits, vegetables, or legumes; 30 (2) thirtyfive percent of its total weight from sugar, 31 including naturally occurring or added sugar. This item does not 32 apply to the sale of fruits or vegetables; and 33 (3) ten percent of its total calories from saturated fat. This 34 item does not apply to eggs or cheese packaged for individual sale. 35 (C) portion size for a la carte sales in a cafeteria must not 36 exceed the serving size of the food served in the National School 37 Lunch Program or School Breakfast Program.” 38 39 SECTION 3. Section 5910380 of the 1976 Code is amended to 40 read: 41 42 “Section 5910380. Nothing in The provisions of this article may 43 not be construed to prohibit or limit the schoolapproved sale or

[3297] 8 1 distribution by students, teachers, or groups, of any food or 2 beverage item through fundraisers by students, teachers, or groups 3 when the items are intended for sale off the school campus for 4 fundraising purposes. 5 6 SECTION 4. This act takes effect upon approval by the 7 Governor. 8 XX 9

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