S T A T E O F N E W Y O R K
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11027
I N A S S E M B L Y
May 10, 2010
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Introduced by M. of A. O'DONNELL -- read once and referred to the
Committee on Education
AN ACT to amend the education law, in relation to the development and
implementation of statewide school nutrition standards for food and
beverages that are sold to students and the review of school wellness
policies
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Short title. This act shall be known and may be cited as
"the school nutrition act of 2010".
S 2. The education law is amended by adding a new section 915-a to
read as follows:
S 915-A. FOOD AND BEVERAGE NUTRITION STANDARDS. 1. A. THE COMMISSION-
ER, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, THE DEPARTMENT OF
AGRICULTURE AND MARKETS, THE OFFICE OF GENERAL SERVICES AND WITH INPUT
FROM, INCLUDING BUT NOT LIMITED TO, AT LEAST ONE REPRESENTATIVE EACH
FROM THE SCHOOL FOOD SERVICE DIRECTORS; SCHOOL BOARDS; SCHOOL ADMINIS-
TRATORS; CERTIFIED DIETICIANS/NUTRITIONISTS OR REGISTERED DIETICIANS;
THE PEDIATRIC MEDICAL COMMUNITY; THE PUBLIC HEALTH COMMUNITY; COMPREHEN-
SIVE CARE CENTERS FOR EATING DISORDERS, ESTABLISHED PURSUANT TO ARTICLE
TWENTY-SEVEN-J OF THE PUBLIC HEALTH LAW; AND THE AGRICULTURAL COMMUNITY,
SHALL DEVELOP BY DECEMBER THIRTY-FIRST, TWO THOUSAND ELEVEN, STATEWIDE
SCHOOL NUTRITION STANDARDS FOR FOOD AND BEVERAGES THAT ARE SOLD TO
STUDENTS EXCLUSIVE OF THOSE PROVIDED THROUGH THE FEDERAL SCHOOL MEAL
PROGRAMS. THE COMMISSIONER SHALL SEEK TO ENSURE THAT SUCH INPUT REPRES-
ENTS A BALANCED AND COMPREHENSIVE PERSPECTIVE. SUCH NUTRITION STANDARDS
SHALL BE DEVELOPED TO PROMOTE A HEALTHFUL DIET TAKING INTO ACCOUNT A
PREPONDERANCE OF THE NUTRITIONAL, SCIENTIFIC AND MEDICAL KNOWLEDGE WHICH
IS CURRENT AT THE TIME SUCH RECOMMENDATIONS ARE MADE.
B. NO LATER THAN JUNE THIRTIETH, TWO THOUSAND TWELVE, THE BOARD OF
REGENTS SHALL PROMULGATE REGULATIONS BASED ON THE NUTRITIONAL STANDARDS
RECOMMENDED BY THE COMMISSIONER. SUCH REGULATIONS SHALL APPLY TO SCHOOL
MEALS, EXCLUSIVE OF THOSE PROVIDED THROUGH FEDERAL OR SCHOOL MEAL
PROGRAMS, ENTREES, SNACKS AND BEVERAGES SOLD OR SERVED ON SCHOOL GROUNDS
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11903-10-0
A. 11027 2
IN EACH SCHOOL DISTRICT, NON-PUBLIC SCHOOL, BOARD OF COOPERATIVE EDUCA-
TION AND CHARTER SCHOOL THAT PARTICIPATES IN A PROGRAM AUTHORIZED BY THE
RICHARD B. RUSSELL NATIONAL SCHOOL LUNCH ACT OR THE CHILD NUTRITION ACT
OF 1966, COLLECTIVELY REFERRED TO IN THIS SECTION AS "SCHOOL DISTRICTS",
DURING THE SCHOOL DAY FROM ANY SOURCE INCLUDING, BUT NOT LIMITED TO,
SCHOOL CAFETERIAS, A LA CARTE LINES, SCHOOL STORES, OR VENDING MACHINES.
SUCH REGULATIONS SHALL BE APPLICABLE IN THE TWO THOUSAND TWELVE--TWO
THOUSAND THIRTEEN SCHOOL YEAR.
C. NOTWITHSTANDING ANY OTHER PARAGRAPH OF THIS SUBDIVISION, THIS
SECTION AND REGULATIONS PROMULGATED HEREUNDER SHALL NOT APPLY TO: (I)
FOODS AND BEVERAGES PROVIDED UNDER THE FEDERAL CHILD AND ADULT CARE FOOD
PROGRAM, WHICH SHALL BE SUBJECT TO THE REQUIREMENTS IMPOSED UNDER THAT
PROGRAM; (II) FOODS AND BEVERAGES SOLD, SERVED OR OFFERED AT AFTER
SCHOOL ACTIVITIES ATTENDED BY BOTH ADULTS AND STUDENTS, SUCH AS CONCERTS
AND SPORTING EVENTS; OR (III) FOODS AND BEVERAGES SOLD: (A) BY STUDENTS,
THEIR IMMEDIATE FAMILY MEMBERS OR GUARDIANS OR SCHOOL EMPLOYEES, (B)
THROUGH SOURCES OTHER THAN SCHOOL CAFETERIAS, A LA CARTE LINES, VENDING
MACHINES, AND SCHOOL STORES, (C) AFTER THE END OF THE LAST SCHEDULED
MEAL PERIOD OF THE SCHOOL DAY, AND (D) ONLY FOR THE PURPOSE OF RAISING
FUNDS TO SUPPORT SCHOOL ACTIVITIES.
D. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THIS SECTION AND REGU-
LATIONS PROMULGATED HEREUNDER SHALL NOT PROHIBIT NOR RESTRICT THE ACQUI-
SITION AND UTILIZATION OF ANY FOOD ITEM AVAILABLE THROUGH FEDERALLY
FUNDED PROGRAMS SUCH AS THE USDA COMMODITIES PROGRAM AND DEPARTMENT OF
DEFENSE FOOD PROGRAMS.
2. ON OR BEFORE JULY FIRST, TWO THOUSAND TWELVE, THE COMMISSIONER, IN
COLLABORATION WITH THE DEPARTMENT OF HEALTH AND INCLUDING BUT NOT LIMIT-
ED TO, AT LEAST ONE REPRESENTATIVE EACH FROM THE SCHOOL FOOD SERVICE
DIRECTORS; SCHOOL BOARDS; SCHOOL ADMINISTRATORS; CERTIFIED
DIETICIANS/NUTRITIONISTS OR REGISTERED DIETICIANS; COMPREHENSIVE CARE
CENTERS FOR EATING DISORDERS, ESTABLISHED PURSUANT TO ARTICLE
TWENTY-SEVEN-J OF THE PUBLIC HEALTH LAW; AND THE PEDIATRIC MEDICAL
COMMUNITY SHALL ISSUE RECOMMENDATIONS FOR METHODS AND THE PRACTICALITY
OF PROVIDING STUDENTS WITH AGE APPROPRIATE INFORMATION REGARDING THE
NUTRITIONAL CONTENT OF SCHOOL MENU ITEMS.
3. ON OR BEFORE JULY FIRST, TWO THOUSAND TWELVE, THE COMMISSIONER, IN
COLLABORATION WITH THE DEPARTMENT OF AGRICULTURE AND MARKETS, AND
INCLUDING BUT NOT LIMITED TO, AT LEAST ONE REPRESENTATIVE EACH FROM THE
SCHOOL FOOD SERVICE DIRECTORS; SCHOOL BOARDS; SCHOOL ADMINISTRATORS; AND
THE AGRICULTURAL COMMUNITY, SHALL ISSUE RECOMMENDATIONS ON INCREASING
OPPORTUNITIES FOR NEW YORK STATE FARMS AND FARMERS TO COLLABORATE WITH
SCHOOL DISTRICTS.
4. RECOMMENDATIONS ISSUED PURSUANT TO SUBDIVISIONS TWO AND THREE OF
THIS SECTION SHALL BE ISSUED IN A REPORT TO THE LEGISLATURE AND THE
GOVERNOR ON OR BEFORE JULY FIRST, TWO THOUSAND TWELVE. COPIES OF SUCH
REPORT SHALL BE MADE AVAILABLE TO SCHOOL DISTRICTS.
5. BEGINNING WITH THE TWO THOUSAND TWELVE--TWO THOUSAND THIRTEEN
SCHOOL YEAR, AND EACH YEAR THEREAFTER, SCHOOL DISTRICTS SHALL RECEIVE AN
ADDITIONAL FIFTEEN CENTS (ABOVE THE AMOUNT PROVIDED FOR THE TWO THOUSAND
TEN--TWO THOUSAND ELEVEN SCHOOL YEAR), PER THE NUMBER OF FEDERALLY REIM-
BURSABLE BREAKFASTS AND LUNCHES SERVED IN THE PRIOR FISCAL YEAR TO
STUDENTS, IN ACCORDANCE WITH AN ACT OF CONGRESS ENTITLED THE "NATIONAL
SCHOOL LUNCH ACT", P.L. 79-396, AS AMENDED, OR THE PROVISIONS OF THE
"CHILD NUTRITION ACT OF 1996", P.L. 89-642, AS AMENDED.
6. IF AT THE COMMENCEMENT OF THE TWO THOUSAND TWELVE--TWO THOUSAND
THIRTEEN SCHOOL YEAR, A SCHOOL DISTRICT HAS AN EXISTING CONTRACT WITH A
A. 11027 3
COMPANY TO PROVIDE VENDING OR OTHER FOOD AND BEVERAGE SERVICES WHICH
WOULD BE BREACHED BY COMPLIANCE WITH THE REGULATIONS ESTABLISHED PURSU-
ANT TO THIS SECTION, SUCH STANDARDS THAT AFFECT SUCH CONTRACT SHALL BE
APPLICABLE TO THE SCHOOL DISTRICT ON THE DAY FOLLOWING THE END OF THE
CURRENT TERM OF SUCH CONTRACT OR ON THE DATE ON WHICH THE CONTRACT IS
TERMINATED, WHICHEVER IS EARLIER. SUCH STANDARDS SHALL APPLY TO ALL
CONTRACTS THAT ARE ISSUED, RENEWED, MODIFIED, ALTERED OR AMENDED AFTER
THE START OF THE TWO THOUSAND TWELVE--TWO THOUSAND THIRTEEN SCHOOL YEAR.
S 3. The education law is amended by adding a new section 918-a to
read as follows:
S 918-A. LOCAL SCHOOL WELLNESS POLICIES. 1. ON OR BEFORE JULY FIRST,
TWO THOUSAND ELEVEN, EACH SCHOOL DISTRICT, NON-PUBLIC SCHOOL, BOARD OF
COOPERATIVE EDUCATIONAL SERVICES AND CHARTER SCHOOL THAT PARTICIPATES IN
ANY PROGRAM AUTHORIZED BY THE RICHARD B. RUSSELL NATIONAL SCHOOL LUNCH
ACT OR THE CHILD NUTRITION ACT OF 1966, COLLECTIVELY REFERRED TO IN THIS
SECTION AS "SCHOOL DISTRICTS", SHALL BEGIN A REVIEW OF THEIR SCHOOL
WELLNESS POLICIES TO DETERMINE THE EFFECTIVENESS AND ADEQUACY OF SUCH
POLICY. IN THE COURSE OF SUCH REVIEW, THE GOVERNING BODY OR OFFICER OF
THE SCHOOL DISTRICTS SHALL:
A. INVOLVE, AT A MINIMUM, PARENTS AND GUARDIANS, STUDENTS, REPRESEN-
TATIVES OF THE SCHOOL FOOD AUTHORITY, SCHOOL ADMINISTRATORS, SCHOOL
NURSES OR OTHER HEALTH STAFF, CERTIFIED DIETICIANS/NUTRITIONISTS OR
REGISTERED DIETICIANS IF AVAILABLE, PHYSICAL EDUCATION STAFF, AND TEACH-
ERS;
B. CONSIDER ANY RECOMMENDATIONS MADE BY A SCHOOL DISTRICT NUTRITION
ADVISORY COMMITTEE ESTABLISHED IN SECTION NINE HUNDRED EIGHTEEN OF THIS
ARTICLE, IF SUCH COMMITTEE HAS BEEN FORMED BY THE SCHOOL DISTRICT;
C. EVALUATE THE IMPLEMENTATION OF THE DISTRICT'S WELLNESS POLICY;
D. EVALUATE PROGRESS IN ACHIEVING GOALS FOR NUTRITION EDUCATION, AND
OTHER SCHOOL BASED ACTIVITIES THAT ARE DESIGNED TO PROMOTE STUDENT WELL-
NESS;
E. CONSIDER RECOMMENDATIONS FOR HEALTHY FUNDRAISING ACTIVITIES, CLASS-
ROOM EVENTS AND CELEBRATIONS;
F. (I) EVALUATE THE ROLE OF HEALTH EDUCATION AS PART OF THE CURRICULUM
TO PROVIDE KNOWLEDGE AND TEACH SKILLS TO HELP STUDENTS ADOPT AND MAIN-
TAIN LIFELONG, HEALTHY EATING PATTERNS IN BALANCE WITH PHYSICAL ACTIV-
ITY; AND
(II) EVALUATE THE RELATIONSHIP BETWEEN THE RELEVANT COMPONENTS OF THE
DISTRICT CURRICULUM AND WELLNESS POLICY, INCLUDING BUT NOT LIMITED TO
HEALTH EDUCATION AND PHYSICAL EDUCATION; AND
G. EVALUATE OPPORTUNITIES FOR INCREASED PHYSICAL ACTIVITY DURING THE
DAY.
2. THE REVIEW OF THE DISTRICT WELLNESS POLICY SHALL INCLUDE AT LEAST
ONE PUBLIC MEETING TO ALLOW FOR MAXIMUM PARTICIPATION BY THE PUBLIC.
SUCH PUBLIC MEETING MAY TAKE PLACE AS PART OF A REGULARLY SCHEDULED
BOARD MEETING.
3. A. THE INITIAL REVIEW OF DISTRICT WELLNESS POLICIES SHALL BE
COMPLETED BY JULY FIRST, TWO THOUSAND TWELVE. FOLLOWING SUCH INITIAL
REVIEW, EACH DISTRICT SHALL COMMENCE A SUBSEQUENT REVIEW OF THEIR WELL-
NESS POLICY, AT A MINIMUM, ONCE EVERY FIVE YEARS, IN ACCORDANCE WITH THE
PROVISIONS OF SUBDIVISION ONE OF THIS SECTION.
B. CHANGES TO DISTRICT WELLNESS POLICIES AS A RESULT OF THESE REGULAR
REVIEWS SHALL BE ADOPTED BY THE BOARD AND MADE AVAILABLE TO THE PUBLIC
IN A MANNER TO BE DETERMINED BY THE LOCAL BOARD.
4. EACH SCHOOL DISTRICT SHALL MAKE THE CURRENT WELLNESS POLICY OF THE
DISTRICT AVAILABLE TO THE DEPARTMENT UPON REQUEST.
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S 4. Subdivision 1 of section 2854 of the education law is amended by
adding a new paragraph (f) to read as follows:
(F) A CHARTER SCHOOL SHALL BE SUBJECT TO THE PROVISIONS OF SECTIONS
NINE HUNDRED FIFTEEN-A AND NINE HUNDRED EIGHTEEN-A OF THIS CHAPTER.
S 5. This act shall take effect immediately.