(a) In the operation of their public school nutrition programs, the public schools
shall participate in the National School Lunch Program established by the federal
government. The program shall be under the jurisdiction of the Division of School Support, Child
Nutrition Services of the Department of Public Instruction and in accordance with
federal guidelines as established by the Food and Nutrition Service of the United
States Department of Agriculture.
(b) For nutritional purposes, the public schools shall not (i) use cooking oils in
their school food programs that contain trans-fatty acids or (ii) sell processed foods
containing trans-fatty acids that were formed during the commercial processing of
(c) All school food services shall be operated on a nonprofit basis, and any earnings
therefrom over and above the cost of operation as defined herein shall be used to
reduce the cost of food, to serve better food, or to provide free or reduced-price
lunches to indigent children and for no other purpose. The term “cost of operation” means the actual cost incurred in the purchase and preparation of food, the salaries
of all personnel directly engaged in providing food services, and the cost of nonfood
supplies as outlined under standards adopted by the State Board of Education. “Personnel” means child nutrition supervisors or directors, bookkeepers directly engaged in
food service record keeping and those persons directly involved in preparing and serving
food. Child nutrition personnel shall be paid from the funds of food services only for
services rendered in behalf of the child nutrition program. Any cost incurred in the provisions and maintenance of school food services over
and beyond the cost of operation shall be included in the budget request filed annually
by local boards of education with boards of county commissioners. Public schools are not required to comply with G.S. 115C-522(a) in the purchase of supplies and food for such school food services.
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