S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2969

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 22, 2009
                               ___________

Introduced by M. of A. BENJAMIN -- read once and referred to the Commit-
  tee on Education

AN  ACT  to  amend  the  education law, in relation to the regulation of
  certain food products in schools

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The legislature finds that the recent efforts to prohibit
dessert items in New York public schools is  inappropriate  and  ill-ad-
vised,  that the decision as to whether a child should be allowed to eat
certain foods should be a matter decided by the child's parents, not  by
school  boards  or  state and local governments. The legislature further
finds that a ban on food  items  will  have  the  unintended  effect  of
restricting school activities, by reducing opportunities for fundraising
to  support  such activities, many of which rely on the sale of desserts
and other snack items and will prohibit desserts from  being  served  as
part of school birthday celebrations. The legislature finds and declares
that  parents  are fully capable of taking the initiative to ensure that
their children receive proper nutrition  including  information  on  the
foods that they eat.
  S  2.  The  education  law is amended by adding a new section 409-j to
read as follows:
  S 409-J. REGULATION OF CERTAIN FOOD PRODUCTS IN SCHOOLS. NO  BOARD  OF
EDUCATION OR TRUSTEES, PRINCIPAL OR OTHER PERSON IN CHARGE OF ANY PUBLIC
ELEMENTARY OR SECONDARY SCHOOL SHALL PROHIBIT ANY STUDENT OR PARENT OF A
STUDENT  FROM BRINGING ANY FOOD NOT PROHIBITED BY THE LAWS OF THIS STATE
OR THE FEDERAL GOVERNMENT INTO ANY  SCHOOL  EITHER  FOR  CONSUMPTION  BY
STUDENTS  AT  APPROPRIATE TIMES THAT DO NOT INTERFERE WITH CLASSROOM AND
EDUCATIONAL ACTIVITIES, OR FOR SALE FOR THE PURPOSE OF RAISING FUNDS  TO
BENEFIT   THE   SCHOOL  OR  SCHOOL-RELATED  ACTIVITIES  AND  CLUBS.  THE
PROVISIONS OF THIS SECTION NOTWITHSTANDING,  A  BOARD  OF  EDUCATION  OR
TRUSTEES,  PRINCIPAL OR OTHER PERSON IN CHARGE OF A PUBLIC ELEMENTARY OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05791-01-9
              

A. 2969                             2

SECONDARY SCHOOL MAY PROHIBIT ANY FOOD ITEMS UPON A REQUEST BY A MAJORI-
TY OF PARENTS IN SUCH SCHOOL. NOTHING IN THIS SECTION SHALL PROHIBIT ANY
BOARD OF EDUCATION OR TRUSTEES, PRINCIPAL OR OTHER PERSON IN  CHARGE  OF
ANY  PUBLIC  ELEMENTARY  OR  SECONDARY SCHOOL FROM PROMULGATING RULES OR
REGULATIONS RELATING TO THE SALE OR OFFERING OF FOOD TO  STUDENTS  WHICH
ARE  REASONABLY RELATED AND NECESSARY TO PROTECT THE IMMEDIATE HEALTH OR
SAFETY OF STUDENTS.
  S 3. This act shall take effect immediately.