Assembly Bill A7804

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

                                  7804

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             April 24, 2009
                               ___________

Introduced  by  M.  of  A. NOLAN -- (at request of the Governor) -- read
  once and referred to the Committee on Education

AN ACT to amend the public health law,  in  relation  to  requiring  the
  department  of  health  to develop media health promotion campaigns to
  communicate positive correlations between  health,  physical  activity
  and  academic  performance  and identify and promote best practices in
  communities to support healthful nutritional choices; to  require  the
  commissioner  of  health,  in  consultation  with  the commissioner of
  education and the commissioner of agriculture and markets, to  develop
  recommendations  for  nutritional  and  dietary  standards for healthy
  school foods and beverages; to require the  departments  of  education
  and  health  to  provide  technical assistance to schools in complying
  with nutritional standards; to amend the education law, in relation to
  providing training and technical assistance to schools and  establish-
  ing  nutritional standards for food and beverages available in schools
  and requiring school wellness policies; and to amend  the  agriculture
  and markets law, in relation to nutritional and dietary standards

  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 "healthy schools act".
  S  2.  Legislative findings.   The legislature finds that it is in the
interest of the state wherever practical to educate and encourage  chil-
dren  to  make healthier food choices and develop healthy habits both in
and outside school.  Because children spend a significant part of  their
lives  in school and at school-related activities, schools can influence
children's nutrition and food choices by serving as  model  environments
that  support  academic  performance and healthful behaviors. Similarly,
encouraging physical activity in school will teach children  the  impor-
tance of making such activity a regular part of their lives.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD12015-02-9

              

A. 7804                             2

  S  3. Paragraphs (a) and (c) of subdivision 2 of section 2599-b of the
public health law, as amended by section 88 of part B of chapter  58  of
the  laws  of 2005, are amended and a new paragraph (h) is added to read
as follows:
  (a)  developing  media health promotion campaigns targeted to children
and adolescents and their parents and caregivers that emphasize increas-
ing consumption of  low-calorie,  [high-nutrient]  NUTRIENT-RICH  foods,
decreasing   consumption  of  high-calorie,  low-nutrient  foods  [and],
increasing physical activity designed to prevent or reduce obesity,  AND
COMMUNICATING  THE  POSITIVE  CORRELATION BETWEEN CHILD HEALTH, PHYSICAL
ACTIVITY AND ACADEMIC PERFORMANCE;
  (c) establishing community-based childhood obesity  prevention  nutri-
tion  education  and  physical  activity  programs including programs TO
IDENTIFY AND PROMOTE BEST PRACTICES TO  HELP  COMMUNITIES  CHANGE  THEIR
ENVIRONMENT  TO  SUPPORT  HEALTHFUL  NUTRITIONAL CHOICES, AND TO DEVELOP
PROGRAMS which involve  parents  and  caregivers,  and  which  encourage
communities, families, child care, SCHOOLS and other settings to provide
safe  and  adequate space and time for physical activity and encourage a
healthy diet;
  (H) INCREASING COLLABORATION, WITHIN AND ACROSS COMMUNITIES, OF COMMU-
NITY BASED NUTRITION AND PHYSICAL ACTIVITY PROFESSIONALS, EDUCATORS  AND
HEALTH  CARE PROVIDERS, INCLUDING STAFF FROM NEW YORK STATE'S COMPREHEN-
SIVE CARE CENTERS FOR EATING DISORDERS, TO PRESENT CONSISTENT AND EFFEC-
TIVE MESSAGES IN RELATION  TO  HEALTHY  EATING  BEHAVIORS  AND  PHYSICAL
ACTIVITY  PATTERNS,  AND  IN  PARTICULAR  TO  ADDRESS  THE FACTORS WHICH
CONTRIBUTE TO EATING DISORDERS.
  S 4. Section 2599-c of the public health law, as amended by section 88
of part B of chapter 58 of the laws of  2005,  is  amended  to  read  as
follows:
  S  2599-c.  School-based  childhood  obesity  prevention  and physical
activity programs. 1. The commissioner shall encourage the establishment
of school-based  childhood  obesity  prevention  and  physical  activity
programs that promote:
  [1.] A. A healthy school environment, including physical and aesthetic
surroundings  and  culture  designed to prevent and reduce the incidence
and prevalence of obesity; and
  [2.] B. Parent/community involvement, including an integrated  school,
parent,  and  community approach for enhancing the health and well-being
of students.
  2.  THE COMMISSIONER SHALL, IN CONSULTATION WITH THE  COMMISSIONER  OF
EDUCATION  AND  THE  COMMISSIONER  OF  AGRICULTURE  AND MARKETS, DEVELOP
RECOMMENDATIONS FOR NUTRITIONAL AND DIETARY STANDARDS FOR HEALTHY SCHOOL
MEALS, ENTREES,  SNACKS  AND  BEVERAGES  CONSISTENT  WITH  SECTION  NINE
HUNDRED  FIFTEEN  OF  THE  EDUCATION  LAW.  THE RECOMMENDATIONS SHALL BE
PROVIDED IN WRITING TO THE COMMISSIONER OF EDUCATION NO LATER  THAN  MAY
THIRTY-FIRST,  TWO  THOUSAND  NINE, AND REVISED RECOMMENDATIONS SHALL BE
PROVIDED AS DEEMED NECESSARY BY THE COMMISSIONER.  IN COMPLYING WITH THE
REQUIREMENTS OF THIS SUBDIVISION THE COMMISSIONER SHALL SEEK THE  ADVICE
OF NEW YORK STATE'S COMPREHENSIVE CARE CENTERS FOR EATING DISORDERS.
  3.  THE COMMISSIONER SHALL COLLABORATE WITH THE COMMISSIONER OF EDUCA-
TION AND CONSULT WITH THE COMMISSIONER OF  AGRICULTURE  AND  MARKETS  IN
GATHERING DATA AND MAKING REPORTS PURSUANT TO PARAGRAPH D OF SUBDIVISION
THREE OF SECTION NINE HUNDRED FIFTEEN OF THE EDUCATION LAW.
  4.  THE  COMMISSIONER SHALL, IN COLLABORATION WITH THE COMMISSIONER OF
EDUCATION, PROVIDE TRAINING  AND  TECHNICAL  ASSISTANCE  TO  SCHOOLS  TO
ASSIST  SCHOOLS  IN  COMPLYING  WITH  THE  REQUIREMENTS  OF SECTION NINE

A. 7804                             3

HUNDRED FIFTEEN OF THE EDUCATION LAW  AND  THE  REGULATIONS  PROMULGATED
THEREUNDER.  IN COMPLYING WITH THE REQUIREMENTS OF THIS SUBDIVISION, THE
COMMISSIONER  SHALL  SEEK  THE  ADVICE OF NEW YORK STATE'S COMPREHENSIVE
CARE CENTERS FOR EATING DISORDERS.
  S  5.    Section  305  of the education law is amended by adding a new
subdivision 42 to read as follows:
  42.  THE COMMISSIONER SHALL, IN COLLABORATION WITH THE COMMISSIONER OF
HEALTH, PROVIDE TRAINING AND TECHNICAL ASSISTANCE TO SCHOOLS  TO  ASSIST
SCHOOLS  IN  COMPLYING  WITH  THE  REQUIREMENTS  OF SECTION NINE HUNDRED
FIFTEEN OF THIS CHAPTER AND THE REGULATIONS PROMULGATED THEREUNDER.
  S 6. Section 915 of the education law, as added by chapter 674 of  the
laws of 1987, is amended to read as follows:
  S  915.  [Prohibiting  the  sale of certain sweetened foods.  From the
beginning of the school day until the end of  the  last  scheduled  meal
period, no] HEALTHY SCHOOL FOODS AND BEVERAGES.  1. FOR PURPOSES OF THIS
SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  A. "SCHOOL MEALS" SHALL MEAN MEALS WHICH MEET THE NUTRITIONAL REQUIRE-
MENTS  OF,  AND  ARE  REIMBURSABLE  UNDER, ANY PROGRAM AUTHORIZED BY THE
RICHARD B. RUSSELL NATIONAL SCHOOL LUNCH ACT OR THE CHILD NUTRITION  ACT
OF 1966.
  B.  "ENTREES"  SHALL MEAN A COMBINATION OF FOODS OR A SINGLE FOOD ITEM
THAT IS SOLD, SERVED OR OFFERED  AS  THE  MAIN  COURSE  SEPARATELY  FROM
SCHOOL MEALS.
  C.  "SNACKS"  SHALL  MEAN  FOOD ITEMS THAT ARE SOLD, SERVED OR OFFERED
INDIVIDUALLY, OUTSIDE OF  SCHOOL  MEALS,  AND  THAT  DO  NOT  CONSTITUTE
ENTREES THAT ARE SOLD, SERVED OR OFFERED INDIVIDUALLY.
  2.  A.    THIS SECTION AND THE REGULATIONS PROMULGATED HEREUNDER SHALL
APPLY TO ELEMENTARY AND SECONDARY SCHOOLS AND PROGRAMS UNDER THE  JURIS-
DICTION  OF  THE  FOLLOWING, COLLECTIVELY REFERRED TO IN THIS SECTION AS
"SCHOOL DISTRICTS": SCHOOL DISTRICTS, NON-PUBLIC  SCHOOLS  THAT  PARTIC-
IPATE  IN  ANY  PROGRAM  AUTHORIZED  BY  THE RICHARD B. RUSSELL NATIONAL
SCHOOL LUNCH ACT OR THE CHILD NUTRITION ACT OF 1966, BOARDS  OF  COOPER-
ATIVE EDUCATIONAL SERVICES, CHARTER SCHOOLS AND SCHOOLS OPERATING PURSU-
ANT TO ARTICLES EIGHTY-THREE, EIGHTY-FIVE, EIGHTY-SEVEN AND EIGHTY-EIGHT
OF  THIS  CHAPTER.  SUCH  SCHOOL  DISTRICTS  SHALL BE REQUIRED TO ENSURE
COMPLIANCE WITH THE PROVISIONS OF THIS SECTION AND  REGULATIONS  PROMUL-
GATED HEREUNDER.
  B.  EXCEPT  AS  OTHERWISE PROVIDED IN PARAGRAPH C OF THIS SUBDIVISION,
THIS SECTION AND REGULATIONS PROMULGATED HEREUNDER SHALL APPLY TO SCHOOL
MEALS, ENTREES, SNACKS AND BEVERAGES: (I) SOLD,  SERVED  OR  OFFERED  ON
SCHOOL  GROUNDS  BEFORE, DURING OR AFTER THE REGULAR SCHOOL DAY FROM ANY
SOURCE INCLUDING, BUT NOT LIMITED TO,  SCHOOL  CAFETERIAS,  A  LA  CARTE
LINES,  SCHOOL  STORES, OR VENDING MACHINES; OR (II) SUPPLIED BY SCHOOLS
DURING OFFICIAL TRANSPORTATION TO AND FROM SCHOOL AND  SCHOOL  SPONSORED
ACTIVITIES  INCLUDING, BUT NOT LIMITED TO, FIELD TRIPS AND INTERSCHOLAS-
TIC SPORTING EVENTS.
  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, SCHOOL
STORES, OR VENDING MACHINES, (C) AFTER THE END  OF  THE  LAST  SCHEDULED

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MEAL  PERIOD  OF THE SCHOOL DAY, AND (D) ONLY FOR THE PURPOSE OF RAISING
FUNDS TO SUPPORT SCHOOL ACTIVITIES.
  D.  NOTHING  IN  THIS SECTION SHALL BE CONSTRUED AS PROHIBITING: (I) A
STUDENT OR SCHOOL EMPLOYEE FROM CONSUMING ANY FOOD OR BEVERAGE PURCHASED
BY THE STUDENT OR SCHOOL EMPLOYEE OFF OF SCHOOL GROUNDS AND BROUGHT INTO
THE SCHOOL FOR THE STUDENT'S OR EMPLOYEE'S PERSONAL CONSUMPTION  OR  FOR
CLASSROOM-WIDE ACTIVITIES OR CELEBRATIONS; OR (II) CAFFEINATED COFFEE OR
TEA FROM BEING SOLD, SERVED OR OFFERED TO SCHOOL EMPLOYEES.
  3.    A. THE REGENTS AND THE COMMISSIONER SHALL PROMULGATE REGULATIONS
TO ESTABLISH NUTRITIONAL AND DIETARY STANDARDS BASED UPON THE  RECOMMEN-
DATIONS  DEVELOPED  PURSUANT  TO  SUBDIVISION TWO OF SECTION TWENTY-FIVE
HUNDRED NINETY-NINE-C OF THE PUBLIC HEALTH LAW.
  (I) THE NUTRITIONAL AND DIETARY STANDARDS MAY  BE  UPDATED  AS  DEEMED
NECESSARY  BY THE COMMISSIONER, IN CONSULTATION WITH THE COMMISSIONER OF
HEALTH, BUT NOT LESS THAN EVERY FIVE YEARS AND SHALL BE  MADE  AVAILABLE
FOR  PUBLIC  COMMENT  AND  REVIEW  PURSUANT  TO THE STATE ADMINISTRATIVE
PROCEDURE ACT.
  (II) THE NUTRITIONAL AND DIETARY STANDARDS FOR HEALTHY  SCHOOL  MEALS,
ENTREES, SNACKS  AND BEVERAGES SHALL BE DEVELOPED TO PROMOTE A HEALTHFUL
DIET AND SHALL BE  BASED ON THE PREPONDERANCE OF THE NUTRITIONAL, SCIEN-
TIFIC AND MEDICAL KNOWLEDGE WHICH IS CURRENT AT THE TIME THE REGULATIONS
ARE BEING PROMULGATED.
  (III) WHEN PROMULGATING SUCH REGULATIONS, THE REGENTS AND COMMISSIONER
SHALL TAKE INTO ACCOUNT THE LOCAL AND REGIONAL CONCERNS OF ANY SCHOOL OR
SCHOOL  DISTRICT  REQUIRED  TO  COMPLY  WITH THE NUTRITIONAL AND DIETARY
STANDARDS.
  (IV) UNDER NO CIRCUMSTANCE SHALL THE NUTRITIONAL AND DIETARY STANDARDS
INTERFERE WITH THE SPECIAL DIETARY NEEDS  OF  STUDENTS  IN  RELATION  TO
HEALTH  CONDITIONS,  FOOD  ALLERGIES, DIETARY INTOLERANCES AND RELIGIOUS
MANDATES.
  (V) THE NUTRITIONAL AND DIETARY STANDARDS SHALL REFLECT THE  NEEDS  OF
STUDENTS AT DIFFERING AGES AND GRADE LEVELS.
  (VI)  NOTWITHSTANDING ANY OTHER LAW, RULE OR REGULATION TO THE CONTRA-
RY, STANDARDS FOR SCHOOL MEALS SHALL COMPLY WITH ALL  FEDERAL  LAWS  AND
REGULATIONS APPLICABLE TO SUCH MEALS.
  B.  THE  NUTRITIONAL  AND  DIETARY STANDARDS SHALL INCLUDE APPROPRIATE
NUTRITIONAL STANDARDS AND CONSUMPTION AMOUNTS RELATED, BUT  NOT  LIMITED
TO:  (I)  DIETARY  CHOLESTEROL; (II) SODIUM; (III) CALORIES DERIVED FROM
FAT AND SATURATED FAT; (IV) CALORIES   DERIVED  FROM  SUGAR;  (V)  TOTAL
CALORIE  AMOUNTS;  (VI)  TOTAL  FAT  CONTENT  OF  MILK  AND  OTHER DAIRY
PRODUCTS; AND (VII) SERVING SIZES,  AND  SUCH  STANDARDS  SHALL  FURTHER
PROHIBIT ARTIFICIAL TRANS FATTY ACIDS.
  C.  THE REGULATIONS DESCRIBED IN PARAGRAPH A OF THIS SUBDIVISION SHALL
BE PROMULGATED NO LATER THAN DECEMBER THIRTY-FIRST,  TWO  THOUSAND  NINE
AND  SHALL  BE  EFFECTIVE  UPON  SUCH DATE OR DATES AS DETERMINED BY THE
COMMISSIONER; PROVIDED, HOWEVER, THAT SUCH REGULATIONS SHALL  BE  EFFEC-
TIVE  NO EARLIER THAN SEPTEMBER FIRST, TWO THOUSAND TEN, AND SHALL APPLY
ONLY TO FOOD OR BEVERAGE CONTRACTS BETWEEN SCHOOL DISTRICTS AND  VENDORS
THAT  WERE  ISSUED,  RENEWED,  MODIFIED,  ALTERED  OR AMENDED AFTER SUCH
EFFECTIVE DATE OR DATES.
  D. THE DEPARTMENT, IN COLLABORATION WITH THE DEPARTMENT OF HEALTH  AND
IN  CONSULTATION  WITH  THE DEPARTMENT OF AGRICULTURE AND MARKETS SHALL:
(I) PERIODICALLY GATHER DATA RELATED TO  THE  IMPACT  OF  THE  NUTRITION
STANDARDS ON THE HEALTH OF NEW YORK STATE'S STUDENTS; (II) MAKE PERIODIC
REPORTS,  NO  LESS  THAN  ONCE  A  YEAR, TO THE LEGISLATURE AND GOVERNOR
REGARDING THEIR FINDINGS, WITH THE FIRST SUCH REPORT BEING MADE NO LATER

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THAN DECEMBER THIRTY-FIRST, TWO THOUSAND TWELVE; AND (III) MODIFY NUTRI-
TIONAL STANDARDS AS NEEDED, BASED UPON CRITERIA WHICH SHALL INCLUDE, BUT
NOT BE LIMITED TO, DATA COLLECTED BY THE  DEPARTMENT  AND  SCIENCE-BASED
BEST PRACTICES FOR CREATING HEALTHY NUTRITIONAL CHOICES.
  4.  THE REGULATIONS PROMULGATED PURSUANT TO PARAGRAPH A OF SUBDIVISION
THREE OF THIS SECTION SHALL PROVIDE THAT WHEN SELLING, OFFERING OR SERV-
ING SCHOOL MEALS, SCHOOLS SHALL:
  A. OFFER DURING EACH LUNCH PERIOD AT LEAST ONE PLANT-BASED MEAT ALTER-
NATIVE WHICH COMPLIES WITH THE STANDARDS OF THE  FEDERAL  DEPARTMENT  OF
AGRICULTURE;
  B.  OFFER  DURING  EACH BREAKFAST AND LUNCH PERIOD FRUIT WITH NO ADDED
SWEETENERS;
  C. OFFER DURING EACH LUNCH PERIOD VEGETABLES WHICH ARE NOT FRIED;
  D. ENSURE THAT AT LEAST FIFTY PERCENT OF GRAIN PRODUCTS OFFERED,  OVER
A SCHOOL WEEK, ARE WHOLE GRAIN PRODUCTS; AND
  E.  ENSURE  THAT  ENTREES SOLD, SERVED OR OFFERED INDIVIDUALLY ARE THE
SAME AS THE ENTREES THAT ARE SOLD, SERVED OR OFFERED AS PART  OF  SCHOOL
MEALS, OR ARE COMPARABLE IN PORTION SIZE, CALORIES AND NUTRITIONAL VALUE
TO  THE  ENTREES THAT ARE SOLD, SERVED OR OFFERED AS PART OF SUCH SCHOOL
MEALS.
  5. NO sweetened soda water, no chewing gum, no  candy  including  hard
candy, jellies, gums, marshmallow candies, fondant, licorice, spun candy
and  candy  coated popcorn, and no water ices except those which contain
ONE HUNDRED PERCENT fruit or fruit juices, shall be sold in any [public]
school [within the state] DISTRICT EXCEPT AS PERMITTED UNDER PARAGRAPH C
OF SUBDIVISION TWO OF THIS SECTION.
  6.  THE REGULATIONS PROMULGATED PURSUANT TO PARAGRAPH A OF SUBDIVISION
THREE OF THIS SECTION SHALL INCLUDE EXEMPTIONS OR  OTHER  ACCOMMODATIONS
AS NECESSARY TO ACCOMMODATE THE DIETARY NEEDS OF STUDENTS IN RELATION TO
HEALTH  CONDITIONS,  FOOD  ALLERGIES, DIETARY INTOLERANCES AND RELIGIOUS
MANDATES.
  7. A. WITH RESPECT TO SNACKS AND BEVERAGES THAT MAY BE SOLD, SERVED OR
OFFERED ONLY AT PARTICULAR TIMES OF THE DAY, SCHOOLS THAT UTILIZE  VEND-
ING  MACHINES  FOR  THE  PROVISION OF SUCH FOOD ITEMS OR BEVERAGES SHALL
EQUIP ANY SUCH VENDING MACHINE WITH A TIMING DEVICE OR PERFORM AN ALTER-
NATIVE ACTION TO ENSURE THAT THE  FOOD  ITEMS  OR  BEVERAGES  ARE  SOLD,
SERVED OR OFFERED ONLY AT THE TIMES ALLOWED.
  B. COMMERCIAL PRODUCTS OR LOGOS ON VENDING MACHINE PROHIBITED. SCHOOLS
SHALL  PROHIBIT  VENDING  MACHINES  WHICH  DEPICT COMMERCIAL PRODUCTS OR
LOGOS OR SUGGEST THAT CONSUMPTION OF VENDED ITEMS CONVEYS  A  HEALTH  OR
SOCIAL  BENEFIT,  OR  THAT  PRODUCTS PURCHASED FROM SUCH VENDING MACHINE
SUPPORT SPECIFIC SCHOOL ACTIVITIES OR GROUPS.
  8. SCHOOLS SHALL MAKE  AVAILABLE  TO  THE  DEPARTMENT,  UPON  REQUEST,
DOCUMENTATION  SETTING  FORTH  THE INGREDIENTS AND NUTRIENTS OF ANY FOOD
ITEM SOLD, SERVED OR OFFERED BY OR ON BEHALF OF SUCH  ENTITIES,  WHETHER
SUCH  ITEM  IS  SOLD,  SERVED  OR OFFERED IN THE FORM PURCHASED BY OR ON
BEHALF OF SUCH ENTITIES OR IS USED AS AN INGREDIENT  IN  AN  ITEM  SOLD,
SERVED OR OFFERED BY OR ON BEHALF OF SUCH ENTITIES.
  S  7.  The  education  law is amended by adding a new section 918-a to
read as follows:
  S 918-A.  LOCAL SCHOOL WELLNESS POLICIES.  1.  EACH  SCHOOL  DISTRICT,
NON-PUBLIC  SCHOOL  THAT  PARTICIPATES  IN ANY PROGRAM AUTHORIZED BY THE
RICHARD B. RUSSELL NATIONAL SCHOOL LUNCH ACT OR THE CHILD NUTRITION  ACT
OF  1966, BOARD OF COOPERATIVE EDUCATIONAL SERVICES, CHARTER SCHOOL, AND
SCHOOL OPERATING PURSUANT TO ARTICLES EIGHTY-THREE, EIGHTY-FIVE,  EIGHT-
Y-SEVEN  AND  EIGHTY-EIGHT  OF THIS CHAPTER, COLLECTIVELY REFERRED TO IN

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THIS SECTION AS "SCHOOL DISTRICTS", SHALL ESTABLISH A LOCAL SCHOOL WELL-
NESS POLICY. SUCH POLICY SHALL BE IN ADDITION TO OR A PART OF A WELLNESS
POLICY THAT MAY BE REQUIRED PURSUANT TO FEDERAL LAW AND  RELATED  IMPLE-
MENTING  REGULATIONS.    IN DEVELOPING THE POLICY, 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,  A  CERTIFIED  DIETITIAN/NUTRITIONIST  IF
AVAILABLE, PHYSICAL EDUCATION STAFF, AND TEACHERS; AND
  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.
  2. LOCAL SCHOOL WELLNESS POLICIES SHALL:
  A. INCORPORATE A PLAN FOR MEASURING IMPLEMENTATION OF THE LOCAL SCHOOL
WELLNESS POLICY;
  B.  RECOMMEND  TO SCHOOLS IDEAS FOR HEALTHY FUNDRAISING ACTIVITIES AND
CLASSROOM EVENTS AND CELEBRATIONS;
  C. DETERMINE: (I) WHETHER  AND  TO  WHAT  EXTENT  EACH  SCHOOL  SHOULD
CONTAIN NUTRITIONAL EDUCATION AS PART OF ITS CURRICULUM TO PROVIDE KNOW-
LEDGE  AND  TEACH  SKILLS  TO HELP STUDENTS ADOPT AND MAINTAIN LIFELONG,
HEALTHY EATING PATTERNS IN BALANCE WITH PHYSICAL ACTIVITY  AND  INCORPO-
RATE MEDIA LITERACY;
  (II)  WHETHER AND TO WHAT EXTENT ADMINISTRATORS, TEACHERS, SCHOOL FOOD
SERVICE STAFF, AND OTHER STAFF SHOULD BE TRAINED IN NUTRITION AND NUTRI-
TION EDUCATION;
  (III) WHETHER AND TO WHAT EXTENT ADMINISTRATORS, TEACHERS, SCHOOL FOOD
SERVICE STAFF, AND OTHER STAFF SHOULD BE TRAINED IN HOW TO RECOGNIZE AND
RESPOND TO EATING  DISORDERS,  AND  WHETHER  AND  TO  WHAT  EXTENT  EACH
SCHOOL'S CURRICULUM SHOULD ADDRESS EATING DISORDERS;
  (IV)  WHETHER STUDENTS ARE PROVIDED WITH SUFFICIENT TIME TO EAT BREAK-
FAST AND LUNCH AND WHETHER TO REQUIRE SCHOOLS TO PROVIDE STUDENTS WITH A
MINIMUM AMOUNT OF TIME FOR SUCH PURPOSES;
  (V) HOW TO INCREASE OPPORTUNITIES FOR PHYSICAL ACTIVITY DURING THE DAY
BY  REQUIRING  RECESS,  IMPROVING  COMPLIANCE  WITH  PHYSICAL  EDUCATION
REQUIREMENTS, OR BOTH; AND
  (VI) HOW TO INCREASE AND ENCOURAGE THE PURCHASE OF FRESH FRUITS, VEGE-
TABLES AND DAIRY PRODUCTS WHICH ARE PRODUCED BY LOCAL OR REGIONAL FARMS,
CONSISTENT WITH APPLICABLE FEDERAL PROCUREMENT STANDARDS;
  D.  REVIEW  COMPLIANCE  WITH  EXISTING  LAW,  REGULATION  AND POLICIES
REGARDING NUTRITION EDUCATION AND PHYSICAL EDUCATION; AND
  E. ESTABLISH RECOMMENDATIONS TO THE  GOVERNING  BODY  OR  OFFICER,  AS
APPROPRIATE, TO ADDRESS THE FINDINGS AND DETERMINATIONS MADE PURSUANT TO
PARAGRAPHS C AND D OF THIS SUBDIVISION.
  3.  EACH SCHOOL DISTRICT SHALL, ON AN ANNUAL BASIS BEGINNING THE FIRST
OF JULY, TWO THOUSAND TEN, FILE THE LOCAL SCHOOL  WELLNESS  POLICY  WITH
THE  DEPARTMENT AND VERIFY THE STATUS OF THE IMPLEMENTATION OF THE LOCAL
SCHOOL WELLNESS POLICY. THE LOCAL SCHOOL WELLNESS POLICIES SHALL BE MADE
AVAILABLE BY SCHOOLS TO THE DEPARTMENT OF HEALTH UPON ITS REQUEST.
  S 8. 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 AND NINE HUNDRED EIGHTEEN-A OF THIS CHAPTER.
  S 9. The agriculture and markets  law  is  amended  by  adding  a  new
section 28 to read as follows:
  S  28.  SCHOOL NUTRITIONAL AND DIETARY STANDARDS. 1.  THE COMMISSIONER
SHALL PROVIDE CONSULTATION TO THE COMMISSIONERS OF EDUCATION AND  HEALTH

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IN ESTABLISHING AND REVISING NUTRITIONAL AND DIETARY STANDARDS FOR HEAL-
THY SCHOOL MEALS, ENTREES, SNACKS AND BEVERAGES, CONSISTENT WITH SECTION
NINE HUNDRED FIFTEEN OF THE EDUCATION LAW AND SUBDIVISION TWO OF SECTION
TWENTY-FIVE HUNDRED NINETY-NINE-C OF THE PUBLIC HEALTH LAW.
  2. THE COMMISSIONER SHALL PROVIDE CONSULTATION TO THE COMMISSIONERS OF
EDUCATION  AND  HEALTH  IN GATHERING DATA AND MAKING REPORTS PURSUANT TO
PARAGRAPH D OF SUBDIVISION THREE OF SECTION NINE HUNDRED FIFTEEN OF  THE
EDUCATION LAW.
  S 10. Severability clause. If any clause, sentence, paragraph, section
or  part  of this act shall be adjudged by any court of competent juris-
diction to be invalid, such judgment shall not affect, impair or invali-
date the remainder thereof, but shall be confined in  its  operation  to
the  clause,  sentence,  paragraph,  section  or  part  thereof directly
involved in the controversy in  which  such  judgment  shall  have  been
rendered.
  S 11. This act shall take effect immediately.