View Amendment Current Amendment: 1 to Bill 4339

The Committee on Education and Public Works proposes the following amendment (LC-4339.WAB0001H):

Amend the bill, as and if amended, SECTION 2, by striking Section 59-10-325(A) and inserting:

 (A) Beginning July 1, 2027, any public school, excluding charter schools, participating in a federally funded or assisted meal program shall not serve meals, sell, or allow a third party to sell ultraprocessed food to students on school premises during the academic school yearregular instructional day. This subsection does not prevent a student's parent or guardian from providing ultraprocessed food to their child for personal consumption.

Amend the bill further, SECTION 2, by striking Section 59-10-325(D)(1) and (2) and inserting:

  (1) Each public school shall annually submit a standardized certification form to the State Department of Education Office of School Nutrition, attesting compliance with this section.
  (2) The State Department of Education shall:
   (a) post the certification form and a list of compliant schools on its website; and
   (b) conduct random audits of school meal samples every two years to verify compliance, using third-party laboratory testing if necessary.

Amend the bill further, SECTION 2, by striking Section 59-10-325(D)(3)(a), (b), and (c) and inserting:

   (a) the school and supplier shall receive a warning from the State Department of Education and sixty calendar days to correct the violation. School or district personnel responsible for procuring food served to students for school breakfast and lunch during the instructional day must undergo training from the State Department of Education regarding the purchase and procurement of food allowed under this section;
   (b) a second violation incurs a fine of up to $1,000$5,000 per supplier. The fine must be paid to the school and used for the purpose of improving or establishing a vegetable garden on school grounds. The school shall report expenditures to the State Department of Education;
   (c) a third violation may disqualify the supplier from providing school meals for one fiscal year; and
 (d) each violation must be reported by the school to its respective school district immediately upon notice of a violation.

Amend the bill further, SECTION 2, by striking Section 59-10-325(E)(1) and inserting:

  (1) Every five years, the State Department of Education, in consultation with the State Department of Agriculture, shall review scientific evidence and international regulations to determine if additional additives should be prohibited.

Amend the bill further, SECTION 2, by striking Section 59-10-325(F) and inserting:

 (F) The State Department of Education shall oversee implementation and ensure compliance with this section. The department also shall issue a model policy and promulgate regulations as it deems necessary to comply with this section.

Renumber sections to conform.

Amend title to conform.