§ 115C-264. Operation. - North Carolina Statutes

§ 115C‑264.  Operation.

(a)        In the operation of their public school nutrition programs,the public schools shall participate in the National School Lunch Programestablished by the federal government. The program shall be under thejurisdiction of the Division of School Support, Child Nutrition Services of theDepartment of Public Instruction and in accordance with federal guidelines asestablished by the Food and Nutrition Service of the United States Departmentof Agriculture.

(b)        For nutritional purposes, the public schools shall not (i)use cooking oils in their school food programs that contain trans‑fattyacids or (ii) sell processed foods containing trans‑fatty acids that wereformed during the commercial processing of the foods.

(c)        All school food services shall be operated on a nonprofitbasis, and any earnings therefrom over and above the cost of operation asdefined 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 forno other purpose. The term "cost of operation" means the actual costincurred in the purchase and preparation of food, the salaries of all personneldirectly engaged in providing food services, and the cost of nonfood suppliesas 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 personsdirectly involved in preparing and serving food. Child nutrition personnelshall be paid from the funds of food services only for services rendered inbehalf of the child nutrition program. Any cost incurred in the provisions andmaintenance of school food services over and beyond the cost of operation shallbe included in the budget request filed annually by local boards of educationwith boards of county commissioners. Public schools are not required to complywith G.S. 115C‑522(a) in the purchase of supplies and food for suchschool food services. (1955, c. 1372, art. 5, s.34; 1965, c. 912; 1967, c. 990; 1975, c. 384; 1981, c. 423, s. 1; 1991 (Reg.Sess., 1992), c. 900, s. 78; 2003‑147, s. 5; 2004‑124, s. 7.29(a);2004‑203, ss. 72(a), (b); 2005‑253, s. 1.)