S*0484(Rat #0220, Act #0258 of 2016)  General Bill, By Shealy, Jackson, Cleary and 
Rankin
 AN ACT TO AMEND SECTION 59-10-310, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO THE ESTABLISHMENT OF ELEMENTARY SCHOOL FOOD SERVICE MEALS AND
 COMPETITIVE FOOD REQUIREMENTS, SO AS TO PROVIDE SCHOOL SERVICE MEALS AND
 COMPETITIVE FOODS PROVIDED IN KINDERGARTEN THROUGH TWELFTH GRADE DURING THE
 ACADEMIC SCHOOL YEAR MUST MEET AND MAY EXCEED NUTRITIONAL REQUIREMENTS
 ESTABLISHED BY THE UNITED STATES DEPARTMENT OF AGRICULTURE, TO PROVIDE SCHOOL
 DISTRICTS MAY ADOPT MORE RESTRICTIVE POLICIES, TO PROVIDE THESE MORE
 RESTRICTIVE POLICIES MAY NOT RESTRICT THE FOOD PARENTS OR GUARDIANS PROVIDE
 FOR STUDENT CONSUMPTION AT SCHOOL, TO EXEMPT SCHOOL FUNDRAISERS FROM THESE
 REQUIREMENTS, AND TO CLARIFY THAT THIS SECTION DOES NOT RESTRICT OR PROHIBIT
 THE STATE DEPARTMENT OF EDUCATION FROM ESTABLISHING POLICIES REGARDING SCHOOL
 FUNDRAISERS AUTHORIZED BY THE UNITED STATES DEPARTMENT OF AGRICULTURE; AND TO
 AMEND SECTION 59-10-330, RELATING TO THE COORDINATED SCHOOL HEALTH ADVISORY
 COUNCIL AND THE DEVELOPMENT OF HEALTH WELLNESS PLANS, SO AS TO PROVIDE SCHOOL
 HEALTH IMPROVEMENT PLANS MUST REPORT COMPLIANCE WITH THE REQUIREMENTS OF
 SECTION 59-10-310. - ratified title

   02/25/15  Senate Introduced and read first time (Senate Journal-page 9)
   02/25/15  Senate Referred to Committee on Education
                     (Senate Journal-page 9)
   05/14/15  Senate Committee report: Favorable with amendment
                     Education (Senate Journal-page 14)
   05/15/15         Scrivener's error corrected
   05/19/15  Senate Committee Amendment Adopted (Senate Journal-page 21)
   05/21/15  Senate Read second time (Senate Journal-page 18)
   05/21/15  Senate Roll call Ayes-39  Nays-3 (Senate Journal-page 18)
   05/26/15  Senate Read third time and sent to House
                     (Senate Journal-page 9)
   05/26/15  House  Introduced and read first time (House Journal-page 75)
   05/26/15  House  Referred to Committee on Education and Public
                     Works (House Journal-page 75)
   05/19/16  House  Committee report: Favorable with amendment
                     Education and Public Works (House Journal-page 6)
   05/25/16  House  Requests for debate-Rep(s). Hayes, Hills, White,
                     Anthony, Felder, Norman, Clary, Hamilton, Hart,
                     McEachern (House Journal-page 25)
   05/31/16  House  Read second time (House Journal-page 32)
   05/31/16  House  Roll call Yeas-76  Nays-29 (House Journal-page 37)
   06/01/16  House  Read third time and enrolled (House Journal-page 97)
   06/02/16         Ratified R 220
   06/05/16         Signed By Governor
   06/15/16         Effective date 06/05/16
   06/16/16         Act No. 258

(A258, R220, S484)

AN ACT TO AMEND SECTION 59-10-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF ELEMENTARY SCHOOL FOOD SERVICE MEALS AND COMPETITIVE FOOD REQUIREMENTS, SO AS TO PROVIDE SCHOOL SERVICE MEALS AND COMPETITIVE FOODS PROVIDED IN KINDERGARTEN THROUGH TWELFTH GRADE DURING THE ACADEMIC SCHOOL YEAR MUST MEET AND MAY EXCEED NUTRITIONAL REQUIREMENTS ESTABLISHED BY THE UNITED STATES DEPARTMENT OF AGRICULTURE, TO PROVIDE SCHOOL DISTRICTS MAY ADOPT MORE RESTRICTIVE POLICIES, TO PROVIDE THESE MORE RESTRICTIVE POLICIES MAY NOT RESTRICT THE FOOD PARENTS OR GUARDIANS PROVIDE FOR STUDENT CONSUMPTION AT SCHOOL, TO EXEMPT SCHOOL FUNDRAISERS FROM THESE REQUIREMENTS, AND TO CLARIFY THAT THIS SECTION DOES NOT RESTRICT OR PROHIBIT THE STATE DEPARTMENT OF EDUCATION FROM ESTABLISHING POLICIES REGARDING SCHOOL FUNDRAISERS AUTHORIZED BY THE UNITED STATES DEPARTMENT OF AGRICULTURE; AND TO AMEND SECTION 59-10-330, RELATING TO THE COORDINATED SCHOOL HEALTH ADVISORY COUNCIL AND THE DEVELOPMENT OF HEALTH WELLNESS PLANS, SO AS TO PROVIDE SCHOOL HEALTH IMPROVEMENT PLANS MUST REPORT COMPLIANCE WITH THE REQUIREMENTS OF SECTION 59-10-310.

Be it enacted by the General Assembly of the State of South Carolina:

USDA nutrition requirements applied through twelfth grade, district policies, exemptions

SECTION    1.    Section 59-10-310 of the 1976 Code, as added by Act 102 of 2005, is amended to read:

"Section 59-10-310.    (A)    In an effort to promote optimal healthy eating patterns and academic success, the State Board of Education by policy shall establish requirements for all school food service meals and competitive foods provided in kindergarten through twelfth grade during the academic school year, which must meet or may exceed, the nutritional requirements established by the United States Department of Agriculture Food and Nutrition Service. The nutritional requirements must be continuously updated to reflect the current United States Department of Agriculture Food and Nutrition Service standards. A school district board of trustees may adopt a more restrictive policy. This policy does not restrict the food that a parent or guardian may provide for student consumption at school.

(B)    School fundraisers must be exempted from the requirements in this section; however, nothing in this section shall restrict or prohibit the department from establishing policy with regard to school fundraisers, as authorized by the United States Department of Agriculture."

School health improvement plan compliance reporting

SECTION    2.    Section 59-10-330(B) of the 1976 Code, as added by Act 102 of 2005, is amended to read:

"(B)    Each district, in collaboration with the CSHAC, shall develop a school health improvement plan that addresses strategies for improving student nutrition, health, and physical activity and includes the district's wellness policy. The school health improvement plan must report compliance with the requirements contained in Section 59-10-310. The district health improvement plan goals and progress toward those goals must be included in the district's strategic plan required pursuant to Section 59-20-60."

Time effective

SECTION    3.    This act takes effect upon approval by the Governor.

Ratified the 2nd day of June, 2016.

Approved the 5th day of June, 2016.