NY State Senate Bill 2009-S1446

Senate Bill S1446

2009-2010 Legislative Session

Provides for the sale, availability and distribution of healthy foods and beverages on school property and at school sponsored functions

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Archive: Last Bill Status - In Senate Committee Education Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to education
Feb 02, 2009	referred to education

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2009-S1446 (ACTIVE) - Details

See Assembly Version of this Bill:: A7124
Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Amd §915, Ed L
Versions Introduced in 2011-2012 Legislative Session:: S3927, A6229

2009-S1446 (ACTIVE) - Summary

Provides for the sale, availability and distribution of healthy foods and beverages on school property and at school sponsored functions; sets forth portion size and food requirements; sets forth requirements and provides for the sale of such foods in school stores, vending machines, school cafeterias; requires nutritional information on all food items and beverages which are not prepackaged with such

2009-S1446 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S1446

 TITLE OF BILL :
An act to amend the education law, in relation to providing for the
sale, availability and distribution of healthy foods and beverages on
school property and at school-sponsored functions


 PURPOSE :
To combat childhood obesity by restricting the availability of foods
of no or minimal nutritional value in vending machines, school stores,
and a la carte luncheon lines on school grounds or property.

 SUMMARY OF SPECIFIC PROVISIONS :
Section 915 of education law requires the sale, availability, or
distribution of certain foods and beverages, in school districts,
private schools who receive any form of state funding, boards of
cooperative educational services, and charter schools The following
shall apply to school stores, vending machines, school cafeterias, and
any fundraising activities; during the regular and extended school
days.

Beverages:

Elementary Schools: Water, Fat-free or low fat regular and flavored
milk, nutritionally equivalent (per USDA) milk alternatives, with up

to 180 calories / 8 ounces, 100% juice with no added sweeteners, up to
120 calories / 8 ounces, at least 50% of non-milk beverages must be
water and no- or low-calorie options.

Middle School: Water, Up to 10 ounce servings of milk and 100% juice ,
Fat-free or low fat regular or flavored milk, nutritionally equivalent
(per USDA) milk alternatives, with up to 180 calories, 100% juice with
no added sweeteners, up to 120 calories, at least 50% of non-milk
beverages must be water and no- or low-calorie options.

High School: Water, No or low calorie beverages with up to 10 calories
/ 8 ounces, Up to 12 ounce servings of milk, 100% juice, and certain
other drinks , Fat-free or low fat regular and flavored milk,
nutritionally equivalent (per USDA) milk alternatives, with up to 180
calories, 100% juice with no added sweeteners, up to 120 calories, and
with at least 10% of the recommended daily value for three or more
vitamins and minerals. Other drinks with no more than 66 calories / 8
ounces At least 50% of non-milk beverages must be water and no- or
low-calorie options.

Food/Snacks:

a) Snacks, including chips, crackers, popcorn, cookies, cereal bars,
pastries, muffin nuts, seeds jerky, trail mix, and candy; shall be
sold or offered in package sizes or portions that do not exceed 150
calories in elementary schools, 180 calories in middle schools, or 200
calories in high schools; and may not exceed 230 milligrams of sodium.

b) Dairy items including yogurt, drinkable yogurt, yogurt smoothies,
cottage cheeses, frozen yogurts, ice cream, and any soy, rice, or
other dairy substitutes - based version of these items shall not
exceed 150 calories in elementary schools, 180 calories in middle
schools, or 200 calories in high schools; and may not exceed 480
milligrams of sodium.  Dairy products must be low or non-fat Cheeses
and non-dairy cheese substitutes shall be limited to 1.5 ounces.
Cheese products must be reduced fat or part skim. Eggs and egg
substitute products shall be limited to one egg or its equivalent.

c) The items referenced above, excepting eggs and cheese, must contain
at least one of the following nutrients: at least 2 grams of fiber; or
at least 5 grams of protein; or at least 10% of the U S recommended
daily allowance of vitamins A, C, E, folate, calcium, magnesium,
potassium, or iron; or half serving or (1/4 cup) of fruit or
vegetables.  The items must contain no more than 35% of their calories
from fat, 10% from saturated fat and 35% sugar by weight.

d) Nuts, seeds, trail mix and jerky are exempt from the total fat
limit, but must contain no more than 10% saturated fat and 35% sugar
by weight.

Fruit and Non-Fried Vegetables:

Fruit and non fried vegetables shall be offered or sold at any
location where food is offered or sold with the exception of
non-refrigerated vending machines and vending machines that dispense
only beverages There is no portion size limit for fresh fruits and
vegetables. Servings of dried fruit, fruit in its own juice, fruit in
light syrup, and fruit in heavy syrup, frozen fruits bars, and fried
vegetables shall be limited to 150 calories in elementary schools, 180
calories in middle schools, or 200 calories in high schools. Fruit in
light syrup or heavy syrup and 100% frozen fruit bars shall not exceed
230 milligrams of sodium, shall meet the nutrient requirements
delineated in section (c), and shall contain no more than 35% of their
calories from fat, 10% from saturated fat, and 35% sugar by weight
Servings of vegetables with sauce shall not exceed 100 calories (in
all grade levels) and 480 milligrams of sodium if they provide one of
the nutrients delineated in section (c). If they provide two of the
nutrients delineated in section (c) they may contain up too 150
calories (in all grade levels).

Soups:

Soups containing one of the nutrients listed in section (c) must
contain no more than 35% of its calories from fat, 10% from saturated
fat, and 35% sugar by weight, and no more than 100 calories. Soups
containing two if the nutrients listed in section (c) must contain no
more than 35% of its calories from fat, 10% from saturated fat, and
35% sugar by weight, but may contain up too 150 calories. Soups are
limited to 480 milligrams of sodium.

Items that would be considered to be entrees if sold in the
reimbursable meal program, but are sold a la carte as Competitive
Foods, are not subject to these guidelines.

School Commissioners/Wellness Committees: a) The commissioner, in
consultation with the commissioner of health, shall establish a
procedure for school wellness committees, established in compliance
with federal requirements, to have oversight over nutrition standards
outlines in this bill.

b) If a high school and middle school have shared access to food
service and or vending areas, the school district, with the approval
of the district wellness committee, may adopt the high school
standards for middle school. If a school has shared access to food
service and or vending areas, for elementary, middle and high school,
the school district, with the approval of the district wellness
committee, may adopt the middle school standards for all three levels.

c) School district wellness committees may, at their discretion, elect
to prohibit or to phase out the sale of sodas, teas, and/or sports
drinks, as well, as, establishing stricter standards for foods in
school states, vending machines, school cafeterias, and any
Rind-raising activities on school premises in their districts.



d) The committees have the jurisdiction to grant exemptions, under
provisions, for school based fundraisers, school sponsored or
sanctioned events, or food boosters.

e) The committees should also make every effort to educate students,
parents, school administrators, and school boards on the nutritional
standards set forth in this bill.

This act shall take effect September 1, 2010. If a school district has
a current contract with a vendor that expires after September 1, 2010
this act shall take effect at the expirations of such contract; and
any new contract entered into must comply with the provisions of this
act.

 JUSTIFICATION :
In New York State the rate of childhood obesity is 20%, an increase
from 5% in 1970 Type II diabetes, once almost unseen among children,
is increasing at an alarming rate. The Centers for Disease Control
(CDC) estimates that one in three U.S.children born in the year 2000
could be diabetic by age 18.

Lifelong dietary patterns are shaped by eating habits learned in
child- hood. As institutions of learning, schools should model health
behavior.  When children see unhealthy products sold or offered in
schools, they assume that the consumption of such products is
acceptable.

Obesity rates have increased so that obesity now rivals smoking as a
cause of illness and death. Health consequences of obesity include
Type II diabetes (with such sequelae as blindness and limb
amputations), heart disease and coronary artery disease, hypertension,
digestive diseases, sleep apnea, asthma, various cancers, orthopedic
disorders, and psychiatric problems including depression and low
self-esteem.

Many schools offer snacks and a la carte meal selections that are high
in sugar, fat, trans fat, and sodium, which offer little nutritional
benefit. It is not uncommon to see French fries, pizza, name-brand
fast food, and sugary desserts sold alongside the lunch offering
provided by the school. Meanwhile, fresh fruit, vegetables, and whole
grain products are in short supply Students often select only a la
carte products, bypassing the lunch offering altogether, and make a
meal of French fries and dessert These children are consuming large
amounts of calories, much of it in the form of fats, sugars, and
simple carbohydrates short on protein, vitamins, and dietary fiber
Such eating habits can lead to obesity, diabetes, and the related
disorders mentioned above, while leaving children malnourished from a
nutritional standpoint Poor school nutrition affects student
achievement and attendance. Significant anecdotal research has shown
that when children's diets are altered to decrease simple sugars and
increase whole grains, fruits, vegetables and protein their behavior
in school improves. According to Action for Healthy Kids, a
public-private partnership of national organizations and government
agencies, inadequately nourished children score lower on standardized
tests. When children suffer from obesity-related illnesses, they axe
more likely to be absent from school When attendance is used to
determine state funding, it is estimated that an average school
district could forfeit $95,000 to $160,000 in state aid.

Obesity is expensive and all taxpayers are affected CDC statistics
indicate that in 2003, U. S taxpayers spent $75 billion on medical
expenses due to obesity-related illnesses. Sick children grow into
sick adults, whose healthcare needs disrupt their families and strain
their budgets - or the budgets of our public Medicare and Medicaid
insurance programs. Failure to act now will result in a future

generation plagued with Type II diabetes, heart disease, high blood
pressure, and other obesity-related disorders.

The removal of, junk food from our schools is one of many strategies
to prevent childhood obesity This legislation is a significant means
to address the problem.

 LEGISLATIVE HISTORY :
2007-08:  S.4169-A
2005-08:  S.7367

 FISCAL IMPLICATIONS :
Potential savings in health care costs including Medicaid. Averting
loss of school funding when attendance is used to determine state aid
funding.

 EFFECTIVE DATE :
This act shall take effect September 1, 2010 If a school district has
a current contract with a vendor that expires after September 1, 2010
this act shall take effect at the expirations/amendments of such
contract; and any new contract entered into must comply with the
provisions of this act.

2009-S1446 (ACTIVE) - Bill Text download pdf

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

                                  1446

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 2, 2009
                               ___________

Introduced  by  Sens.  LAVALLE,  DeFRANCISCO,  MORAHAN, ONORATO, PARKER,
  SAMPSON, SERRANO, WINNER -- read twice and ordered printed,  and  when
  printed to be committed to the Committee on Education

AN  ACT  to  amend  the  education law, in relation to providing for the
  sale, availability and distribution of healthy foods and beverages  on
  school property and at school-sponsored functions

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

  Section 1. 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  AND
BEVERAGES. [From the beginning of the school day until the  end  of  the
last  scheduled meal period, 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 fruit or fruit juices, shall be sold in any public
school within the state.]
  1. A. EXCEPT AS OTHERWISE PROVIDED BY THIS SECTION, SCHOOL  DISTRICTS,
PRIVATE SCHOOLS WHO RECEIVE ANY FORM OF STATE FUNDING, BOARDS OF COOPER-
ATIVE  EDUCATIONAL  SERVICES,  COUNTY VOCATIONAL EDUCATION AND EXTENSION
BOARDS AND CHARTER SCHOOLS, SHALL PERMIT, AT SCHOOLS UNDER ITS JURISDIC-
TION, THE SALE OF ONLY THE FOLLOWING  BEVERAGES  TO  STUDENTS  FROM  ANY
SOURCE  INCLUDING,  BUT NOT LIMITED TO, SCHOOL STORES, VENDING MACHINES,
SCHOOL CAFETERIAS, AND ANY FUND-RAISING ACTIVITIES ON  SCHOOL  PREMISES,
WHETHER OR NOT SCHOOL SPONSORED:
  (1) ONE HUNDRED PERCENT FRUIT JUICE, VEGETABLE JUICE OR COMBINATION OF
SUCH  JUICES  CONTAINING  NO  ADDED  SUGARS OR SWEETENERS WITH UP TO ONE
HUNDRED TWENTY CALORIES PER EIGHT OUNCE SERVING;
  (2) BOTTLED WATER OR SELTZER, WHICH MAY BE  FLAVORED  BUT  CONTAIN  NO
ADDED SUGARS OR SWEETENERS, CAFFEINE OR NICOTINE IN ANY SIZE CONTAINER;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05421-01-9

S. 1446                             2

  (3)  LOW-FAT,  NON-FAT,  OR  NO MORE THAN TWO PERCENT MILK THAT MAY BE
FLAVORED BUT CONTAINS NO MORE THAN ONE HUNDRED EIGHTY CALORIES PER EIGHT
OUNCE SERVING;
  (4)   LOW-FAT  OR  NON-FAT  NONDAIRY  MILK,  SUCH  AS  SOY,  RICE,  OR
LACTOSE-FREE MILK, WHICH MAY BE FLAVORED BUT CONTAIN NO  MORE  THAN  ONE
HUNDRED  EIGHTY  CALORIES  PER EIGHT OUNCE SERVING, AND SHALL BE CALCIUM
AND VITAMIN FORTIFIED; AND
  (5) NO-CALORIE OR LOW-CALORIE BEVERAGES WITH UP TO  TEN  CALORIES  PER
EIGHT  OUNCES  AND  OTHER LOW-CALORIE BEVERAGES SUCH AS LIGHT JUICES AND
SPORTS DRINKS WITH NO MORE THAN  SIXTY-SIX  CALORIES  PER  EIGHT  OUNCES
SHALL  BE  PERMITTED  IN  HIGH  SCHOOLS ONLY, PROVIDED THAT A MINIMUM OF
FIFTY PERCENT OF THE BEVERAGES AVAILABLE ARE COMPRISED OF  WATER,  MILK,
NON-DAIRY MILK, AND/OR JUICES.
  B.  PORTION  SIZES  OF  BEVERAGES,  OTHER  THAN  WATER AS DESCRIBED IN
SUBPARAGRAPH TWO OF PARAGRAPH A OF THIS SUBDIVISION,  THAT  ARE  OFFERED
FOR  SALE  PURSUANT  TO  THIS  SECTION SHALL NOT EXCEED EIGHT OUNCES FOR
ELEMENTARY SCHOOL, TEN OUNCES FOR MIDDLE SCHOOL AND  TWELVE  OUNCES  FOR
HIGH SCHOOL.
  C.  THIS  SECTION  SHALL APPLY TO ALL BEVERAGES SOLD ON SCHOOL GROUNDS
DURING THE REGULAR AND EXTENDED SCHOOL DAY.
  2. EXCEPT AS OTHERWISE PROVIDED BY  THIS  SECTION,  SCHOOL  DISTRICTS,
PRIVATE SCHOOLS WHO RECEIVE ANY FORM OF STATE FUNDING, BOARDS OF COOPER-
ATIVE  EDUCATIONAL  SERVICES,  COUNTY VOCATIONAL EDUCATION AND EXTENSION
BOARDS AND CHARTER SCHOOLS, SHALL PERMIT, AT SCHOOLS UNDER ITS JURISDIC-
TION, THE SALE OF ONLY PACKAGED AND NON-PACKAGED FOOD  SOLD  IN  VENDING
MACHINES,  SCHOOL STORES, THE SCHOOL CAFETERIA A LA CARTE FOOD LINES, OR
ANY PLACE IN SCHOOLS WHERE PACKAGED AND NON-PREPACKAGED FOOD  ITEMS  ARE
SOLD, FOOD THAT ADHERES TO THE FOLLOWING CRITERIA:
  A.  FRESH  FRUIT  WITH  NO  ADDED  SWEETENERS  OR  VEGETABLES THAT ARE
NON-FRIED; FRESH FRUITS SHALL NOT BE LIMITED IN SERVING SIZE OR  CALORIE
LIMIT, HOWEVER CALORIES FOR PACKAGED FRUITS AND VEGETABLES WHEN PACKAGED
IN  THEIR OWN JUICE OR DRIED SHALL BE LIMITED TO ONE HUNDRED FIFTY CALO-
RIES PER SERVING IN ELEMENTARY SCHOOLS, ONE HUNDRED EIGHTY CALORIES  PER
SERVING  IN  MIDDLE SCHOOL, AND TWO HUNDRED CALORIES PER SERVING IN HIGH
SCHOOLS;
  B. ANY REDUCED-FAT OR PART-SKIM CHEESE IN NO MORE THAN 1.5 OUNCE SERV-
ING SIZE, ALL OTHER DAIRY PRODUCTS MUST BE NON-FAT OR LOW-FAT;
  C. ANY ONE EGG WITH NO ADDED FAT OR EQUAL  AMOUNT  OF  EGG  EQUIVALENT
WITH NO ADDED FAT; AND
  D. ANY OTHER FOOD THAT MEETS ALL OF THE FOLLOWING CRITERIA:
  (1)  CONTAINS  NO MORE THAN THIRTY-FIVE PERCENT OF TOTAL CALORIES FROM
FAT, WITH THE EXCEPTION OF NUTS, NUT BUTTERS, AND SEEDS WHICH  SHALL  BE
PERMITTED IRRESPECTIVE OF TOTAL CALORIES FROM FAT;
  (2)  CONTAINS  NO MORE THAN TEN PERCENT OF CALORIES FROM SATURATED FAT
OR NO MORE THAN ONE GRAM OF SATURATED FAT;
  (3) CONTAINS ZERO GRAMS OF TRANS-FAT;
  (4) CONTAINS NO MORE THAN THIRTY-FIVE PERCENT OF SUGAR BY WEIGHT; AND
  (5) CONTAINS NO MORE THAN TWO-HUNDRED THIRTY MILLIGRAMS OF SODIUM  PER
SERVING, WITH THE EXCEPTION OF LOW-FAT AND FAT-FREE DAIRY PRODUCTS WHICH
MAY  HAVE NO MORE THAN FOUR-HUNDRED AND EIGHTY MILLIGRAMS OF SODIUM, AND
VEGETABLES WITH SAUCE AND SOUPS THAT MAY HAVE NO MORE THAN FOUR  HUNDRED
EIGHTY  MILLIGRAMS  OF SODIUM IF THEY CONTAIN ONE OR MORE OF THE FOLLOW-
ING: MORE THAN TWO GRAMS OF FIBER; OR MORE THAN FIVE GRAMS  OF  PROTEIN;
OR MORE THAN TEN PERCENT OF THE DAILY RECOMMENDED VALUE OF VITAMIN A, C,
E,  FOLATE,  CALCIUM, MAGNESIUM, POTASSIUM, OR IRON; OR MORE THAN A HALF
SERVING OF FRUITS OR VEGETABLES.

S. 1446                             3

  E. ADDITIONAL FOOD ITEMS THAT MEET  AT  LEAST  ONE  OF  THE  FOLLOWING
CRITERIA SHALL ALSO BE PERMITTED:
  (1) FOODS THAT CONTAIN NO MORE THAN ONE HUNDRED CALORIES; OR
  (2)  VEGETABLES WITH SAUCE AND SOUPS MEETING THE CRITERIA SET FORTH IN
SUBPARAGRAPH FIVE OF PARAGRAPH  D  OF  THIS  SUBDIVISION  MAY  HAVE  ONE
HUNDRED  FIFTY  CALORIES  IF  THEY CONTAIN TWO OR MORE OF THE FOLLOWING:
MORE THAN TWO GRAMS OF FIBER; OR MORE THAN FIVE  GRAMS  OF  PROTEIN;  OR
MORE THAN TEN PERCENT OF THE DAILY RECOMMENDED VALUE OF VITAMIN A, C, E,
FOLATE, CALCIUM, MAGNESIUM, POTASSIUM, OR IRON; OR MORE THAN ONE-HALF OF
A SERVING OF FRUIT OR VEGETABLES; OR
  (3)  OTHER  FOOD  ITEMS  WHICH HAVE CALORIE LIMITS AS FOLLOWS PROVIDED
THAT THEY CONTAIN ONE OR MORE OF THE FOLLOWING: MORE THAN TWO  GRAMS  OF
FIBER;  OR  MORE THAN FIVE GRAMS OF PROTEIN; OR MORE THAN TEN PERCENT OF
THE DAILY RECOMMENDED VALUE OF VITAMIN A, C, E, FOLATE, CALCIUM,  MAGNE-
SIUM,  POTASSIUM OR IRON; OR MORE THAN ONE-HALF OF A SERVING OF FRUIT OR
VEGETABLES. FOOD ITEMS THAT MEET THIS ADDITIONAL CRITERIA  MAY  HAVE  NO
MORE  THAN  ONE  HUNDRED  FIFTY CALORIES FOR ELEMENTARY SCHOOLS, NO MORE
THAN ONE HUNDRED EIGHTY CALORIES FOR MIDDLE SCHOOLS AND NO MORE THAN TWO
HUNDRED CALORIES FOR HIGH SCHOOLS.
  FOR INDIVIDUAL  SERVING  PACKAGES,  THE  GUIDELINES  DEFINED  IN  THIS
SECTION  SHALL  APPLY  TO  THE  WHOLE  PACKAGE AS LABELED ON THE PACKAGE
NUTRITION FACTS PANEL. IN THE EVENT THAT SUCH  ITEMS  ARE  PURCHASED  IN
BULK, BUT SOLD INDIVIDUALLY, THE CRITERION APPLIES TO THE LABEL SERVING.
  3.  FRUIT  AND  NON-FRIED  VEGETABLES SHALL BE OFFERED FOR SALE AT ANY
LOCATION WHERE FOOD IS SOLD WITHIN  THE  EXCEPTION  OF  NON-REFRIGERATED
VENDING MACHINES AND VENDING MACHINES THAT DISPENSE ONLY BEVERAGES.
  4. PROVISIONS OF THIS SECTION SHALL APPLY TO THE SALE OF ALL FOODS AND
BEVERAGES ON SCHOOL GROUNDS, INCLUDING BUT NOT LIMITED TO SCHOOL STORES,
CANTEEN, A LA CARTE LINES IN CAFETERIAS, VENDING MACHINES AND CONCESSION
STANDS  ON  SCHOOL  PROPERTY;  PROVIDED, HOWEVER, THE PROVISIONS OF THIS
SECTION SHALL NOT APPLY TO THE FOOD AND BEVERAGES PART OF THE STATE  AND
FEDERALLY  FUNDED SCHOOL BREAKFAST AND LUNCH PROGRAMS.  ITEMS THAT WOULD
BE CONSIDERED TO BE ENTREES IF SOLD IN THE  REIMBURSABLE  MEAL  PROGRAM,
BUT  ARE  SOLD A LA CARTE AS COMPETITIVE FOODS, ARE NOT SUBJECT TO THESE
GUIDELINES.  THE COMMISSIONER SHALL BE AUTHORIZED  TO  PROMULGATE  RULES
AND  REGULATIONS  PROVIDING LIMITED EXEMPTIONS TO THE PROVISIONS OF THIS
SUBDIVISION PERMITTING SCHOOLS UNDER ITS JURISDICTION TO DEEM  THE  SALE
TO  STUDENTS  OF  BEVERAGES AND FOODS THAT ARE NOT LISTED IN SUBDIVISION
ONE OR TWO OF THIS SECTION; PROVIDED, THAT SUCH SALE  IS  IN  CONNECTION
WITH  A  SCHOOL-SPONSORED,  INTERSCHOLASTIC SPORTING EVENT OR SANCTIONED
EVENT OR FUNDRAISER WHERE PARENTS AND OTHER ADULTS CONSTITUTE A  SIGNIF-
ICANT  PORTION  OF  THE  AUDIENCE  OR ARE SELLING BEVERAGES AND FOODS AS
BOOSTERS OCCURRING AFTER THE END OF THE REGULAR SCHOOL  DAY  OR  ON  THE
WEEKEND,  SUCH SALE IS AT THE LOCATION OF SUCH EVENT, AND SUCH BEVERAGES
AND FOODS ARE NOT SOLD FROM A VENDING MACHINE OR SCHOOL STORE.  FOR  THE
PURPOSES OF THIS SUBDIVISION, "REIMBURSABLE MEAL PROGRAM" SHALL MEAN THE
STATE AND FEDERALLY FUNDED SCHOOL BREAKFAST AND LUNCH PROGRAMS.
  5.  THE COMMISSIONER, IN CONSULTATION WITH THE COMMISSIONER OF HEALTH,
SHALL ESTABLISH A PROCEDURE  FOR  ENGAGING  SCHOOL  WELLNESS  COMMITTEES
ESTABLISHED  IN  COMPLIANCE  WITH  FEDERAL  REQUIREMENTS,  IN  EDUCATING
STUDENTS, PARENTS, SCHOOL ADMINISTRATORS AND SCHOOL BOARDS ON THE NUTRI-
TIONAL STANDARDS SET FORTH WITHIN THIS SECTION. THE  COMMISSIONER  SHALL
PROMULGATE  REGULATIONS TO ENGAGE SCHOOL WELLNESS COMMITTEES IN MONITOR-
ING SCHOOL COMPLIANCE WITH THE PROVISIONS OF  THIS  SECTION  AND  MAKING
RECOMMENDATIONS   TO  IMPROVE  SCHOOL  DISTRICT  COMPLIANCE  WITH  THESE
PROVISIONS. ADDITIONALLY, THE COMMISSIONER  SHALL  REQUIRE  EACH  SCHOOL

S. 1446                             4

SUPERINTENDENT  TO  FILE  A  COPY  OF  THE  DISTRICT WELLNESS POLICY, AS
REQUIRED BY THE FEDERAL CHILD NUTRITIONAL AND WIC REAUTHORIZATION ACT OF
2004 (PUBLIC LAW 108-265), WITH THE  DEPARTMENT.  THE  DEPARTMENT  SHALL
MAINTAIN  A  CENTRAL  REPOSITORY OF ALL FILED POLICIES FOR PUBLIC ACCESS
AND REVIEW.  IF A HIGH SCHOOL AND MIDDLE SCHOOL HAVE  SHARED  ACCESS  TO
FOOD  SERVICE  AND  OR  VENDING  AREAS,  THE  SCHOOL  DISTRICT, WITH THE
APPROVAL OF THE DISTRICT WELLNESS COMMITTEE, MAY ADOPT THE  HIGH  SCHOOL
STANDARDS  FOR  THE MIDDLE SCHOOL. IF A SCHOOL HAS SHARED ACCESS TO FOOD
SERVICE AND OR VENDING AREAS, FOR ELEMENTARY, MIDDLE  AND  HIGH  SCHOOL,
THE  SCHOOL DISTRICT, WITH THE APPROVAL OF THE DISTRICT WELLNESS COMMIT-
TEE, MAY ADOPT THE MIDDLE SCHOOL STANDARDS FOR ALL THREE LEVELS.  SCHOOL
DISTRICT WELLNESS COMMITTEES MAY, AT THEIR DISCRETION, ELECT TO PROHIBIT
OR  TO  PHASE OUT THE SALE OF SODAS, TEAS, AND/OR SPORTS DRINKS, AS WELL
AS, ESTABLISHING STRICTER STANDARDS FOR FOODS IN SCHOOL STORES,  VENDING
MACHINES,  SCHOOL  CAFETERIAS, AND ANY FUND-RAISING ACTIVITIES ON SCHOOL
PREMISES IN THEIR DISTRICTS.
  6. NO PROVISION OF THIS SECTION SHALL BE CONSTRUED TO PERMIT THE  SALE
OF  THE  FOLLOWING  ITEMS:  CHEWING  GUM,  CANDY  INCLUDING  HARD CANDY,
JELLIES, GUMS, MARSHMALLOW CANDIES, FONDANT, LICORICE,  SPUN  CANDY  AND
CANDY COATED POPCORN, AND WATER ICES EXCEPT THOSE WHICH CONTAIN FRUIT OR
FRUIT JUICES IN ANY ELEMENTARY OR SECONDARY SCHOOL WITHIN THE STATE, NOR
SHALL  IT  BE  CONSTRUED  TO  RESTRICT A SCHOOL DISTRICT OR ITS WELLNESS
COMMITTEE'S AUTHORITY TO ADOPT LOCAL POLICIES  THAT  WOULD  PROHIBIT  OR
PHASE  OUT  THE  SALE  OF SODAS, TEAS AND/OR SPORTS DRINKS OR OTHER FOOD
ITEMS IN THEIR DISTRICTS.
  S 2. This act shall take effect September 1, 2010 and shall  apply  to
all  contracts issued, renewed, modified, altered or amended on or after
such effective date.  Effective  immediately,  the  addition,  amendment
and/or repeal of any rule or regulation necessary for the implementation
of this act on its effective date are authorized and directed to be made
and completed on or before such date.

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