§ 115C‑264.2. Vending machine sales.
(a) Each school may, with the approval of the local board of education, sell to students beverages in vending machines during the school day so long as:
(1) Soft drinks are not sold (i) during the breakfast and lunch periods, (ii) at elementary schools, or (iii) contrary to the requirements of the National School Lunch Program;
(2) Sugared carbonated soft drinks, including mid‑calorie carbonated soft drinks, are not offered for sale in middle schools;
(3) Not more than fifty percent (50%) of the offerings for sale to students in high schools are sugared carbonated soft drinks;
(4) Diet carbonated soft drinks are not considered in the same category as sugared carbonated soft drinks; and
(5) Bottled water products are available in every school that has beverage vending.
(b) Nothing in subsection (a) of this section prohibits a school from 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 in elementary schools, no snack vending is available to students, and in middle and high schools, seventy‑five percent (75%) of snack vending products have not more than 200 calories per portion or snack vending package. (2005‑253, s. 2.)