North Carolina § 115C-264 - 3. Child Nutrition Program standards.

§ 115C-264. 3. Child Nutrition Program standards.

The State Board of Education, in direct consultation with a cross section of local directors of child nutrition services, shall establish statewide nutrition standards for school meals, a la carte foods and beverages, and items served in the After School Snack Program administered by the Department of Public Instruction and child nutrition programs of local school administrative units. The nutrition standards will promote gradual changes to increase fruits and vegetables, increase whole grain products, and decrease foods high in total fat, trans fat, saturated fat, and sugar. The nutrition standards adopted by the State Board of Education shall be implemented initially in elementary schools. All elementary schools shall achieve a basic level by the end of the 2009-2010 school year, followed by middle schools and then high schools. History (2005-457, s. 1; 2007-323, s. 7.36A(a); 2008-107, s. 7.25(a).) Editor's Note. - Session Laws 2005-457, s. 2, provided: "The State Board of Education may use 'Eat Smart: North Carolina's Recommended Standards for All Foods Available in School' and the 'United States Dietary Guidelines' as references for establishing the nutrition standards under Section 1 of this act. In addition to the elementary school pilots established by Section 7.17 of S.L. 2004-124, the nutrition standards will also be piloted prior to statewide implementation in a minimum of eight middle schools and eight high schools at a time to be determined by the State Board of Education. The pilots shall be conducted in a manner that will hold the child nutrition program of a participating local school administrative unit financially harmless for its participation in the pilot project. It shall be the responsibility of the Child Nutrition Services Section of the Department of Public Instruction to oversee the pilot project, collect data from the pilots, interpret the data, and develop written guidance based on the outcomes of the pilots. The Child Nutrition Services Section of the Department of Public Instruction shall modify the nutrition standards as needed based on several criteria, including, but not limited to, the results of the pilot projects, current science, best practices in the food and beverage industry, and the availability and affordability of new foods and beverages. The Child Nutrition Services Section of the Department of Public Instruction shall monitor the progress of each local school administrative unit toward achieving the nutrition standards and shall provide technical assistance and training as needed to assist local school administrative units in implementing the nutrition standards. The Child Nutrition Services Section of the Department of Public Instruction shall report annually on the progress of each local school administrative unit to the State Board of Education and to the Joint Legislative Education Oversight Committee." Session Laws 2013-226, s. 6, repealed Session Laws 2005-457, s. 2, effective July 3, 2013, and applicable beginning with the 2013-2014 school year. Session Laws 2007-323, s. 7.36A(b)-(d), provides: "(b) Local education agencies are encouraged to take steps to implement within existing funds and to the extent possible the nutrition program standards under G.S. 115C-264.3 by the end of the 2007-2008 school year. "(c) The Child Nutrition Services Section of the Department of Public Instruction, in direct consultation with a cross section of local directors of child nutrition services, shall study how State funds allocated to support the implementation of nutrition standards in elementary schools should be distributed to ensure fair and equitable distribution of available resources. The Child Nutrition Services Section shall report its findings and recommendations to the Joint Legislative Education Oversight Committee during the 2008 Regular Session of the General Assembly. "(d) The General Assembly urges the Director of the State Budget to include in the proposed Continuation Budget the amount required to ensure that all kindergarten students in schools that meet the eligibility percentage authorized by the State Board of Education receive a free breakfast. "The State Board shall not adjust that eligibility percentage below thirty-nine and four one-hundredths of one percent (39.04%) unless the General Assembly funds an expansion of the program." Session Laws 2007-323, s. 1.2, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2007'." Session Laws 2007-323, s. 32.3, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2007-2009 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2007-2009 fiscal biennium." Session Laws 2007-323, s. 32.5, is a severability clause. Effect of Amendments. - Session Laws 2007-323, s. 7.36A(a), substituted "2008-2009" for "2007-2008" in the last sentence. Session Laws 2008-107, s. 7.25(a), effective July 1, 2008, substituted "2009-2010" for "2008-2009" near the end of the section.