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Bill Summary · HB 874

Summary — HB 874: North Carolina Healthy Schools Act

Status: Passed 1st Reading (House)
Introduced: Nov 12, 2024
Primary Sponsors: Derrick McCollum, Todd Jones, Johnny Chastain, David Huddleston, Tim Fleming
Subjects: Education boards, elementary & secondary education, school foods & beverages, local government, public schools, kindergarten

Purpose / Intent

HB 874 (the “North Carolina Healthy Schools Act”) seeks to improve childhood nutrition in public schools by banning the serving or sale of specified “ultra-processed” foods on school grounds during the school day. The bill frames the change as a public-health measure aimed at reducing childhood obesity and improving wellness.

Key provisions

  • New statutory section added: G.S. 115C‑264.6 — “Prohibition on ultra-processed foods.”
    • Local boards of education are prohibited from allowing a school food authority or third party to serve or sell ultra-processed foods on school grounds during the school day.
    • The Department of Public Instruction (DPI) must create a standardized certification form that local boards use to certify compliance and must publish and maintain a list of public schools that are certified as not serving or selling ultra-processed foods.
    • Explicit exception: parents or guardians may still provide ultra-processed foods to their own children during the school day.
    • Defines “ultra-processed food” by ingredient presence: any food or beverage that contains one or more of the following ingredients:
    • Potassium bromate
    • Propylparaben
    • Titanium dioxide
    • Brominated vegetable oil
    • Yellow Dye 5
    • Yellow Dye 6
    • Blue Dye 1
    • Blue Dye 2
    • Green Dye 3
    • Red Dye 3
    • Red Dye 40
  • Amends statutes governing boards of trustees, regional schools, charter schools, and laboratory schools to require any nutrition services they provide to comply with G.S. 115C‑264.6.
  • Effective when law and applies beginning with the 2025–2026 school year.

Who/what is affected

  • Local boards of education, school food authorities, and third‑party vendors (e.g., vending/contract food providers) operating on public school property during the school day.
  • Public school students (menus, snacks, vending options).
  • Parents/guardians (allowed to give such foods to their own children).
  • DPI (responsible for certification and public list).

Implementation & enforcement

  • DPI must provide the certification form and maintain a public list; the bill does not specify enforcement mechanisms or civil/penal penalties for noncompliance.
  • Compliance will likely require school systems and vendors to review product ingredient lists, change procurement/specifications, and revise vendor contracts and menus.

Potential impacts (practical considerations)

  • Operational: increased administrative workload for DPI and school districts; procurement and contract revisions; ingredient verification systems.
  • Financial: possible higher food costs if schools shift to whole/minimally processed items; potential impacts on vendors, fundraisers, and a la carte revenue.
  • Health: intended public‑health benefits through reduced exposure to products with specified additives/dyes.
  • Legal/technical: defining ultra-processed foods by listed ingredients could raise compliance/interpretation questions (e.g., products with trace ingredients, labeling practices).

Notes

  • The bill explicitly preserves parental choice to provide such foods to their own children during school hours.
  • No fiscal note or quantified cost estimates are included in the bill text provided.

Compiled from official sources — confirm details with the bill’s official record.

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