NY State Senate Bill 2009-S1471

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

2009-S1471 (ACTIVE) - Details

Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Add §915-a, Ed L; amd §103, Gen Muni L

2009-S1471 (ACTIVE) - Summary

Establishes the children's healthy access to meals program (CHAMP); establishes an advisory body to develop statewide nutrition standards for all food and beverages sold to students during the school day; relates to certain school district contracts.

2009-S1471 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S1471

 TITLE OF BILL :
An act to amend the education law, in relation to creating the
children's healthy access to meals program (CHAMP); and to amend the
general municipal law, in relation to certain school district
contracts


 PURPOSE :
To educate and encourage students to make healthier food choices and
develop healthy habits both in and outside of school.

 SUMMARY OF PROVISIONS :
Section 1 states the legislative intent of the Children's Healthy
Access to Meals Program (CHAMP).

Subdivision 2 states that "school districts" include school districts
and private schools that participate in programs authorized under the
National School Lunch Act or the Child Nutrition Act, boards of
cooperative educational services, and charter schools.

Subdivision 3 sets forth the nutrition standards for food and beverage
items sold in school vending machines, canteens, school stores, and a
la carte cafeteria sales, and additionally, provides exemptions to
such nutrition standards.

Subdivision 4 directs the department to periodically gather data
related to the impact of the nutrition standards on the health of New
York's students and provide such data for the department of health and
the department of agriculture and markets for review.

Subdivision 5 states that under CHAMP, school meal providers that
follow specified nutrition standards regarding the food items and
beverages sold in its schools outside of the National School Lunch and
School Breakfast Program will receive an additional 10 cents per the
number of federally reimbursable breakfasts and lunches.

Subdivision 6 exempts existing vending services contracts from the
nutritional standards.

Section 2 amends the general municipal law in relation to certain
school district contracts so that the amount expended by a school
district in a given fiscal year for purchases will not exceed an
amount equal to sixty cents multiplied by the total number of days in
the school year multiplied by the total enrollment of such school
district.

Subdivision 10 amends the amount that may be expended by a school
district in any fiscal year to not exceed an amount equal to
seventy-five cents multiplied by the total number of days in the
school year multiplied by the total enrollment of such school
district.

Section 3 directs the Commissioner of Education to conduct an
assessment of physical education and nutrition curriculum and
instruction provided to students in grades kindergarten through
twelve, and report findings and recommendations to the Board of
Regents.

Section 4 directs this act to take effect immediately.

 EXISTING LAW :
Section 915 of the Education Law prohibits the sale of certain
sweetened foods, including, but not limited to, soda, chewing gum and

candy, from the beginning of the school day until the end of the last
scheduled meal period.

 JUSTIFICATION :
The rise in overweight and obese children and how it correlates with
academic achievement and future health risks is causing considerable
concern to parents and educators. The New York State Department of
Health has reported a dramatic increase in overweight children in
recent years, citing that eight percent of four and five year old
children are overweight, nearly double that of 20 years ago.
According to an April 2007 report by the Institute of Medicine,
overweight and obese children are at risk for developing health
problems such as diabetes, cardiovascular disease, high cholesterol,
and high blood pressure.

To address these concerns, the Institute of Medicine further provided
that federally-reimbursable school nutrition programs should be the
main source of nutrition at school, and that alternative options or
competitive foods that can be purchased from a la carte service in the
school cafeteria, school stores, canteens, and vending machines should
be limited. In addition, the Institute of Medicine recommended that
the food available from these alternative sources should be nutritious
to encourage children to develop healthy eating habits.

Accordingly, this bill establishes the Children's Healthy Access to
Meals Program (CHAMP), a program by which participating schools
implement nutritional standards for all food and beverages that are
sold in schools outside the National School Lunch and Breakfast
Program.  Participating school districts receive an additional 10
cents per the number of federally reimbursable meals for its food
service programs.  Participating in CHAMP would educate and encourage
children to make healthier food choices both in and outside of school.

 LEGISLATIVE HISTORY :
06/12/08 Referred to Education.

 FISCAL IMPLICATIONS :
Dependent on participation.

 LOCAL FISCAL IMPLICATIONS :
Dependent on participation.

 EFFECTIVE DATE :
Immediately.

2009-S1471 (ACTIVE) - Bill Text download pdf

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

                                  1471

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 2, 2009
                               ___________

Introduced  by  Sen.  SALAND -- 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  creating  the  chil-
  dren's  healthy  access  to  meals  program  (CHAMP); and to amend the
  general  municipal  law,  in  relation  to  certain  school   district
  contracts

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

  Section 1. The education law is amended by adding a new section  915-a
to read as follows:
  S  915-A.  CHILDREN'S  HEALTHY ACCESS TO MEALS PROGRAM (CHAMP). 1. THE
LEGISLATURE HEREBY FINDS AND DECLARES THAT IT IS IN THE INTEREST OF  THE
STATE WHEREVER PRACTICAL TO EDUCATE AND ENCOURAGE CHILDREN TO MAKE HEAL-
THIER  FOOD  CHOICES  AND  DEVELOP  HEALTHY  HABITS  BOTH IN AND OUTSIDE
SCHOOL. TO THIS END, THE CHAMP IS HEREBY ESTABLISHED TO  ASSIST  SCHOOLS
IN  IMPLEMENTING  NUTRITIONAL  STANDARDS FOR ALL FOOD AND BEVERAGES THAT
ARE SOLD WITHIN SCHOOLS OUTSIDE OF THE NATIONAL SCHOOL LUNCH AND  SCHOOL
BREAKFAST PROGRAMS.
  2.  THIS SECTION APPLIES TO ELEMENTARY AND SECONDARY SCHOOLS UNDER THE
JURISDICTION  OF  THE  FOLLOWING,  COLLECTIVELY  REFERENCED  AS  "SCHOOL
DISTRICTS"  FOR  PURPOSES  OF  THIS SECTION:   SCHOOL DISTRICTS, PRIVATE
SCHOOLS THAT PARTICIPATE IN ANY PROGRAM AUTHORIZED  BY  THE  RICHARD  B.
RUSSELL  NATIONAL  SCHOOL  LUNCH ACT OR THE CHILD NUTRITION ACT OF 1966,
BOARDS OF COOPERATIVE EDUCATIONAL SERVICES, AND CHARTER SCHOOLS.
  3. THE COMMISSIONER, IN COLLABORATION WITH THE DEPARTMENT  OF  HEALTH,
THE DEPARTMENT OF AGRICULTURE AND MARKETS, AND INCLUDING BUT NOT LIMITED
TO, AT LEAST ONE REPRESENTATIVE EACH FROM THE SCHOOL FOOD SERVICE DIREC-
TORS; SCHOOL BOARDS; SCHOOL ADMINISTRATORS; THE PEDIATRIC MEDICAL COMMU-
NITY;  AND THE AGRICULTURAL COMMUNITY, SHALL DEVELOP BY DECEMBER THIRTY-
FIRST, TWO THOUSAND NINE, STATEWIDE NUTRITION STANDARDS FOR ALL FOOD AND
BEVERAGES THAT ARE SOLD TO STUDENTS DURING THE SCHOOL DAY, EXCLUSIVE  OF

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07291-01-9

S. 1471                             2

THOSE PROVIDED THROUGH THE FEDERAL DEPARTMENT OF AGRICULTURE SCHOOL MEAL
PROGRAMS.    SUCH NUTRITION STANDARDS SHALL BE DEVELOPED TO INCREASE THE
PROPORTION OF STUDENTS WHOSE FOOD AND BEVERAGE INTAKE AT SCHOOL CONTRIB-
UTES  TO  GOOD  OVERALL  DIETARY  QUALITY, AND SHALL INCLUDE, BUT NOT BE
LIMITED TO, CHANGES TO INCREASE CONSUMPTION OF  FRUITS  AND  VEGETABLES,
WHOLE  GRAIN  PRODUCTS,  AND  REDUCED FAT DAIRY PRODUCTS, AND CHANGES TO
DECREASE THE CONSUMPTION OF FOODS HIGH IN TOTAL FAT,  TRANS  FAT,  SATU-
RATED FAT, AND SUGAR.
  4. THE DEPARTMENT SHALL PERIODICALLY GATHER DATA RELATED TO THE IMPACT
OF  THE  NUTRITION STANDARDS ON THE HEALTH OF NEW YORK STATE'S STUDENTS.
SUCH DATA SHALL BE DISSEMINATED TO THE  DEPARTMENT  OF  HEALTH  AND  THE
DEPARTMENT  OF AGRICULTURE AND MARKETS FOR THEIR REVIEW AND COMMENT. THE
DEPARTMENT, AFTER CONSULTATION WITH THE DEPARTMENT  OF  HEALTH  AND  THE
DEPARTMENT  OF  AGRICULTURE AND MARKETS, SHALL MAKE PERIODIC REPORTS, NO
LESS THAN ONCE PER SCHOOL YEAR, TO THE LEGISLATURE AND GOVERNOR  REGARD-
ING THEIR FINDINGS.  THE FIRST SUCH PERIODIC REPORT SHALL BE MADE TO THE
LEGISLATURE  AND GOVERNOR NO LATER THAN DECEMBER FIFTEENTH, TWO THOUSAND
TWELVE. THE DEPARTMENT SHALL  MODIFY  NUTRITIONAL  STANDARDS  AS  NEEDED
BASED  ON  CRITERIA TO INCLUDE, BUT NOT BE LIMITED TO, DATA COLLECTED BY
THE DEPARTMENT AND SCIENCE-BASED BEST  PRACTICES  FOR  CREATING  HEALTHY
NUTRITIONAL CHOICES.
  5.  BEGINNING  WITH  THE  TWO THOUSAND TEN--TWO THOUSAND ELEVEN SCHOOL
YEAR, AND EACH YEAR THEREAFTER, SCHOOL DISTRICTS SHALL RECEIVE AN  ADDI-
TIONAL  TEN  CENTS  (ABOVE  THE  AMOUNT  PROVIDED  FOR  THE TWO THOUSAND
NINE--TWO THOUSAND TEN 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 TEN--TWO THOUSAND ELEVEN
SCHOOL YEAR, A SCHOOL DISTRICT HAS AN EXISTING CONTRACT WITH  A  COMPANY
TO  PROVIDE  VENDING  OR OTHER FOOD AND BEVERAGE SERVICES WHICH WOULD BE
BREACHED BY COMPLIANCE WITH THE STANDARDS ESTABLISHED BY THE COMMISSION-
ER PURSUANT 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.
  S  2. Paragraph (b) of subdivision 9 and subdivision 10 of section 103
of the general municipal law, paragraph (b) of subdivision 9 as  amended
by  chapter 269 of the laws of 2004 and subdivision 10 as added by chap-
ter 848 of the laws of 1983, are amended to read as follows:
  (b) the amount that may be expended by a school district in any fiscal
year for such purchases shall not exceed an  amount  equal  to  [twenty]
SIXTY  cents  multiplied  by the total number of days in the school year
multiplied by the total enrollment of such school district;
  10. Notwithstanding the foregoing provisions of this  section  to  the
contrary,  a  board  of education may, on behalf of its school district,
separately purchase milk, directly from licensed milk processors employ-
ing less than forty people pursuant to the provisions of  this  subdivi-
sion. The amount that may be expended by a school district in any fiscal
year pursuant to this section shall not exceed an amount equal to [twen-
ty-five]  SEVENTY-FIVE  cents  multiplied by the total number of days in
the school year multiplied  by  the  total  enrollment  of  such  school
district.  All  purchases  made  pursuant  to  this subdivision shall be
administered pursuant to regulations promulgated by the commissioner  of
education.  The regulations promulgated by the commissioner of education

S. 1471                             3

shall  ensure  that  the  prices  paid  by  a  school district for items
purchased pursuant to this subdivision do not exceed the market value of
such items and that all licensed processors who  desire  to  sell  to  a
school district pursuant to this subdivision have equal opportunities to
do so.
  S  3. The commissioner of education shall conduct an assessment of the
physical education and nutrition standards and the instruction  provided
to  students in grades kindergarten through twelve. The assessment shall
evaluate the state's minimum standards for nutrition and physical educa-
tion to ensure that the requirements are  sufficient  to  help  students
achieve  the  health  benefits of proper nutrition and physical activity
and encourage students to maintain a  lifetime  of  healthy  habits.  In
particular,  the assessment shall examine current requirements to deter-
mine whether they provide an adequate amount  of  time  and  quality  of
physical  activity  to achieve physical fitness, and a variety of activ-
ities with an emphasis on skills, and activities  that  reflect  current
trends in fitness and age appropriate active lifestyles. The commission-
er  of  education  shall report on the findings of the assessment to the
board of  regents,  and  make  appropriate  recommendations  that  would
promote physical fitness and healthy eating habits.
  In  implementing  standards  developed pursuant to section one of this
act, the commissioner of education, in collaboration  with  the  commis-
sioner  of  health  shall, where practicable, assist school districts in
coordinating with  existing  state-administered,  school-focused  nutri-
tional  programs and programs operated by comprehensive care centers for
eating disorders, established pursuant to article  27-J  of  the  public
health law.
  S 4. This act shall take effect immediately.

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Senate Bill S1471

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Archive: Last Bill Status - In Senate Committee Education Committee

Actions

2009-S1471 (ACTIVE) - Details

2009-S1471 (ACTIVE) - Summary

2009-S1471 (ACTIVE) - Sponsor Memo

2009-S1471 (ACTIVE) - Bill Text download pdf

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Sponsored By

Stephen M. Saland

Archive: Last Bill Status - In Senate Committee Education Committee

Actions

2009-S1471 (ACTIVE) - Details

2009-S1471 (ACTIVE) - Summary

2009-S1471 (ACTIVE) - Sponsor Memo

2009-S1471 (ACTIVE) - Bill Text download pdf

Comments