§ 115C‑264.2. Vending machine sales.
(a) Each school may, with the approval of the local board ofeducation, sell to students beverages in vending machines during the school dayso long as:
(1) Soft drinks are not sold (i) during the breakfast and lunchperiods, (ii) at elementary schools, or (iii) contrary to the requirements ofthe National School Lunch Program;
(2) Sugared carbonated soft drinks, including mid‑caloriecarbonated soft drinks, are not offered for sale in middle schools;
(3) Not more than fifty percent (50%) of the offerings for saleto students in high schools are sugared carbonated soft drinks;
(4) Diet carbonated soft drinks are not considered in the samecategory as sugared carbonated soft drinks; and
(5) Bottled water products are available in every school thathas beverage vending.
(b) Nothing in subsection (a) of this section prohibits a schoolfrom adopting stricter policies with respect to beverage vending.
(c) Snack vending in all schools shall, by school year 2006‑2007,meet the Proficient Level of the NC Eat Smart Nutrition Standards, such that inelementary schools, no snack vending is available to students, and in middleand high schools, seventy‑five percent (75%) of snack vending productshave not more than 200 calories per portion or snack vending package. (2005‑253, s. 2.)