North Carolina - Competitive foods—ES: Federal requirement

Area: 
Federal Requirement
Policy Type: 
regulation; statute
Summary: 

State law requires nutrition standards for food and beverages sold outside of school meals programs that do not meet Smart Snacks.

North Carolina General Statutes 115C-264.2 Vending Machine Sales

(a) Each school may, with the approval of the local board of education, sell to students beverages in vending machines during the school day so long as:

  • (1) Soft drinks are not sold (i) during the breakfast and lunch periods, (ii) at elementary schools, or (iii) contrary to the requirements of the National School Lunch Program;
  • (2) Sugared carbonated soft drinks, including mid-calorie carbonated soft drinks, are not offered for sale in middle schools;
  • (3) Not more than fifty percent (50%) of the offerings for sale to students in high schools are sugared carbonated soft drinks;
  • (4) Diet carbonated soft drinks are not considered in the same category as sugared carbonated soft drinks; and
  • (5) Bottled water products are available in every school that has beverage vending.

(b) Nothing in subsection (a) of this section prohibits a school from adopting stricter policies with respect to beverage vending.

(c) Snack vending in all schools shall, by school year 2006-2007, meet the Proficient Level of the NC Eat Smart Nutrition Standards, such that in elementary schools, no snack vending is available to students, and in middle and high schools,seventy-five percent (75%) of snack vending products have not more than 200 calories per portion or snack vending package.


North Carolina Administrative Code 16-06H.0104 Child Nutrition Procedures

(1) A la carte sales are limited to foods contributing to the nutritional well-being of the child and aiding in the establishment of good food habits. School food authorities and sponsoring organizations may provide these foods under the following conditions:

  • (A) Sponsors must operate all food and beverage services during or before the established lunch period through the school food service department.
  • (B) The school food service department retains all receipts from the sale of these items.
  • (C) Sponsors must use all food service income for the purpose of the school's non-profit child nutrition programs.
  • (D) A la carte items may not include foods of minimum nutritional value, as follows:
    • (i) soda water (soda pop),
    • (ii) water ices,
    • (iii) chewing gum,
    • (iv) processed foods made predominately from sweeteners or artificial sweeteners with a variety of minor ingredients. These foods include hard candy, jellies and gums, marshmallow candies, fondant, licorice,spun candy, and candy-coated popcorn; and
    • (v) confections and carbonated drinks.
      North Carolina Office of Administrative Hearings

North Carolina General Statues 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.

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