(a) Public schools, including charter schools, and school districts, through a vending machine, school cafeteria or school food service establishment during school hours, shall not make available to students enrolled in kindergarten through grade 12 any food or beverage containing industrially produced trans fat, as defined in subsection (c) of this section, or use food containing industrially produced trans fat in the preparation of a food item served to those students.
(b) This section shall apply to all food and beverages sold on school grounds during regular school hours and the extended school day. The extended school day includes activities such as clubs, yearbook, band and choir practice, student government, drama, and childcare/latchkey programs. The extended school day does not include school-based events where parents, families, and the wider community constitute a significant portion of the attendees such as interscholastic sports, school plays and dramatic performances, or other similar school functions.
(c) For purposes of this section, a food contains industrially produced trans fat if a food contains vegetable shortening, margarine, or any kind of partially hydrogenated vegetable oil, unless the manufacturer's documentation or the label required on the food, pursuant to United States Food and Drug Administration standards, lists the trans fat content as zero grams of trans fat per serving.
Structure Delaware Code
Chapter 41. REGULATORY PROVISIONS
Subchapter I. General Regulatory Provisions
§ 4101. Reading of First Amendment of the United States Constitution.
§ 4101A. Use of schools for First Amendment purposes.
§ 4102. Penalties for violation of § 4101 of this title.
§ 4104. Display of American flag.
§ 4105. Salute to flag and pledge of allegiance.
§ 4106. Failure to require salute and pledge; penalty.
§ 4107. General election day; closing of schools.
§ 4107A. Primary election day; in-service day.
§ 4108. American Education Week.
§ 4109. School property; health and safety requirements.
§ 4110. Disturbing schools or destroying school property; penalty.
§ 4111. Disclosure of pupils' school records.
§ 4112. Reporting school crimes.
§ 4112A. Office of School Criminal Offense and Bullying Ombudsperson.
§ 4112D. School bullying prevention.
§ 4112E. School Teen Dating Violence and Sexual Assault Act.
§ 4112F. Limitations on use of seclusion and restraint.
§ 4113. Authority of school crossing guards to ensure safety of pupils.
§ 4115. Choice of transportation.
§ 4116. Drug/alcohol educational programs.
§ 4116A. Mental health educational programs.
§ 4118. Parents as Teachers Program.
§ 4120. School dress codes and uniforms.
§ 4121. Video cameras on public school property.
§ 4123B. Posting child abuse and neglect telephone report line.
§ 4123C. Personal body safety and child sexual abuse awareness and prevention.
§ 4125. Driver education certification.
§ 4126. School-based health centers.
§ 4130. Expulsion of students; re-enrollment.
§ 4131. Notification of provisions pertaining to school crimes.
§ 4132. Student grades; teacher evaluation restriction.
§ 4133. Physical Education/Physical Activity Pilot Program.
§ 4134. Mandatory reporting of Delaware Healthy Children Program [CHIP] and Medicaid information.
§ 4135. American Sign Language.
§ 4137. Alternative service models for school breakfast.
§ 4140. Delaware School Safety and Security Fund.
§ 4141. Holocaust instruction.
§ 4142. Free feminine hygiene products in schools.
§ 4143. Black history instruction.
§ 4145. Evidence-based reading curricula [Effective until Jan. 1, 2023].
§ 4145. Evidence-based reading curricula [Effective Jan. 1, 2023].
§ 4146. Media literacy [For application of this section, see 83 Del. Laws, c. 417, § 2].