AN ACT to prohibit serving ultra‑processed foods in public schools.

Whereas, childhood obesity, morbidity, and wellness are matters of statewide concern; and

Whereas, ultra‑processed, industrially manufactured, nutrient‑depleted food with synthetic additives is under‑nourishing minors at public schools and contributing to childhood obesity; and

Whereas, any taxpayer‑funded meal or snack program offered to minors at public schools in this state should be nutritious and made primarily of whole, minimally processed plant or animal products; Now, therefore,

The General Assembly of North Carolina enacts:

SECTION 1.  Part 2 of Article 17 of Chapter 115C of the General Statutes is amended by adding the following new section to read:

§ 115C‑264.6.  Prohibition on ultra‑processed foods.

(a)        Local boards of education shall not allow a school food authority or a third party to serve or sell ultra‑processed food on school grounds during the school day.

(b)        The Department of Public Instruction shall create a standardized form through which a local board of education can certify that no ultra‑processed foods are being served or sold in any school under jurisdiction of the board. The Department shall publish and maintain a list on its website of all public schools that are certified as not serving or selling ultra‑processed foods.

(c)        Nothing in this section shall be construed as preventing the parent or guardian of a student from providing the student ultra‑processed foods during the school day.

(d)       For purposes of this section, ultra‑processed food means any food or beverage that contains one or more of the following ingredients:

(1)        Potassium Bromate.

(2)        Propylparaben.

(3)        Titanium Dioxide.

(4)        Brominated Vegetable Oil.

(5)        Yellow Dye 5.

(6)        Yellow Dye 6.

(7)        Blue Dye 1.

(8)        Blue Dye 2.

(9)        Green Dye 3.

(10)      Red Dye 3.

(11)      Red Dye 40.

SECTION 2.(a)  G.S. 115C‑150.12C is amended by adding a new subdivision to read:

(37)    Prohibit ultra‑processed foods. – Any nutrition services provided for by the board of trustees shall comply with the requirements of G.S. 115C‑264.6.

SECTION 2.(b)  G.S. 115C‑238.66 is amended by adding a new subdivision to read:

(23)    Prohibit ultra‑processed foods. – If a regional school provides a nutrition program, the program shall comply with the requirements of G.S. 115C‑264.6.

SECTION 2.(c)  G.S. 115C‑218.75 is amended by adding a new subsection to read:

(p)      Prohibit Ultra‑Processed Foods. – If a charter school provides a nutrition program, the program shall comply with the requirements of G.S. 115C‑264.6.

SECTION 2.(d)  G.S. 116‑239.8(b)(4)c. reads as rewritten:

c.        Food Nutrition services. – The laboratory school shall strive to ensure that one hundred percent (100%) muscadine grape juice is available to students as a part of the school's nutrition program or through the operation of the school's vending facilities. Upon request, the local school administrative unit in which the laboratory school is located shall administer the National School Lunch Program for the laboratory school in accordance with G.S. 115C-264.Part 2 of Article 17 of Chapter 115C of the General Statutes.

SECTION 3.  This act is effective when it becomes law and applies beginning with the 2025‑2026 school year.