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TO AMEND CHAPTER 5 OF TITLE 59 OF THE 1976 CODE, BY ADDING SECTION 59-5-73, TO PROVIDE THAT NO PUBLIC SCHOOL MAY HAVE AVAILABLE TO STUDENTS, IN THE CAFETERIA OR ON THE SCHOOL GROUNDS, FOOD OR DRINK THAT EXCEEDS OR DOES NOT COMPLY WITH DIETARY LIMITATION REQUIREMENTS PROVIDED FOR IN THE NATIONAL SCHOOL LUNCH ACT AND THE MOST RECENT APPLICABLE DIETARY GUIDELINES FOR AMERICANS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The General Assembly finds that:
(1) one out of every five children in South Carolina is obese;
(2) eighty percent of children diagnosed with Type 2 or adult-onset diabetes are overweight;
(3) although Type 2 diabetes has historically occurred rarely in children, it is becoming common, especially in adolescents;
(4) one of the serious complications of diabetes and obesity is cardiovascular disease;
(5) proper diet is an important element in the prevention and management of diabetes and cardiovascular disease;
(6) food offered in vending machines, as well as fast foods and candy sales in schools, contribute to students consuming high-calorie, high-fat, high-sugar, and non-nutritive foods that can lead to obesity; and
(7) it is extremely important for children to establish healthy eating habits.
SECTION 2. Chapter 5 of Title 59 of the 1976 Code is amended by adding:
"Section 59-5-73. No public school may have available to students, in the cafeteria or on the school grounds, food or drink that exceeds or does not comply with dietary limitation requirements provided for in the National School Lunch Act and the most recent applicable Dietary Guidelines for Americans. Determination of compliance with dietary requirements must be made after factoring in meals served by the school. In addition, only whole grain products, vegetables, fruits, low fat milk products or other calcium-rich foods, beans, lean meat, poultry, fish or other protein-rich foods, and one hundred percent fruit juices and water may be offered or made available to students unless part of a meal served by the school. All meals served by the school must be in compliance with the National School Lunch Act and the Dietary Guidelines for Americans. The requirements of this section do not apply to students with special dietary needs."
SECTION 3. This act takes effect upon approval by the Governor.
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