(1) As used in this section, unless the context otherwise requires:
(a) "Extended school day" means the school day, plus any additional time that a student spends on school grounds before or after the school day for the purpose of participating in a school-sanctioned extracurricular activity or child care program.
(b) "Industrially produced trans fat" means vegetable shortening, margarine, or any type of partially hydrogenated vegetable oil that contains more than zero grams of trans fat per serving as labeled.
(c) "Public school" means a school of a school district, a district charter school, or a board of cooperative services.
(d) "School day" has the same meaning as set forth in section 22-32-136.
(2) On and after September 1, 2013, a public school shall not:
(a) Make available to a student any food or beverage that contains any amount of industrially produced trans fat; or
(b) Use a food that contains any industrially produced trans fat in the preparation of a food item or beverage that is intended for consumption by a student.
(3) The prohibition described in subsection (2) of this section applies to all food and beverages made available to a student on school grounds during each school day and extended school day, including but not limited to a food or beverage item made available to a student in a school cafeteria, school store, vending machine, or other food service entity existing upon school grounds.
(4) The prohibition described in subsection (2) of this section does not apply to:
(a) Any food or beverage that is made available to a student as part of a meal program of the United States department of agriculture;
(b) Any food or beverage that is made available to a student as part of a fundraising effort conducted by one or more students, teachers, or parents; or
(c) Any food or beverage that is donated to the school to be given to a student for consumption off of school premises and not during the school day.
(5) The state board of education may promulgate such rules as are necessary for the administration of this section.
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