NY State Senate Bill 2009-S4118

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
Apr 13, 2009	referred to education

co-Sponsors

2009-S4118 (ACTIVE) - Details

See Assembly Version of this Bill:: A7804
Current Committee:: Senate Education
Law Section:: Public Health Law
Laws Affected:: Amd §§2599-b & 2599-c, Pub Health L; amd §§305, 915 & 2854, add §918-a, Ed L; add §28, Ag & Mkts L

2009-S4118 (ACTIVE) - Summary

Establishes the "healthy schools act"; requires DOH to develop media health promotion campaigns regarding positive correlations between health, physical activity and academic performance; requires commissioner of health to make recommendations for nutritional and dietary standards for healthy school foods and beverages.

2009-S4118 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4118

 TITLE OF BILL :

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
establishing 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


 PURPOSE :

This bill enacts the Healthy Schools Act, which requires the State
Education Department (SED), the Department of Health (DOH) and the

Department of Agriculture and Markets to establish nutritional and
dietary standards for foods and beverages sold, served or offered in
elementary and secondary schools. In addition, the bill requires
school districts to develop local school wellness policies to ensure
community involvement in creating healthier schools.

 SUMMARY OF PROVISIONS :

Section 1 of the bill provides that the short title of the bills is
the Healthy Schools Act.

Section 2 of the bill sets forth legislative findings.

Sections 3 and 4 of the bill amend Public Health Law §§ 2599-b and
2599-c to require DOH to: (1) develop media health promotion campaigns
to communicate the positive correlation between health, physical
activity and academic performance; (2) identify and promote best
practices in communities to support healthful nutritional choices; (3)
increase collaboration with community based nutrition and physical
activity professionals, educators, and health care providers,
including the state's Comprehensive Care Centers for Eating Disorders
(CCCEDs), to present messages regarding healthy eating and physical
activity and address the factors that contribute to eating disorders;
(4) consult with SED and the Department of Agriculture and Markets to
develop recommendations for nutritional and dietary standards for food
and beverages available in elementary and secondary schools by May 31,
2009 and to review and revise such standards as necessary; and (5)
provide training and technical assistance to schools in complying with
nutritional standards, after consulting with the CCCEDs.

Section 5 of the bill adds a new Education Law § 305(42) to require
SED to provide training and technical assistance to schools in
complying with nutritional standards.

Section 6 of the bill amends Education Law § 915 to: (1) prohibit the
sale of soda and candy in elementary and secondary schools at any time
of day, with exceptions for foods and beverages made available at
after school activities attended by both adults and children or sold
after the last meal period of the day to raise funds for school
activities, and for foods brought in from outside school for personal
consumption or classroom celebrations; and (2) require SED, by
December 31, 2009, to promulgate regulations based on nutritional and
dietary standards recommended by DOH for all foods and beverages sold,
served or offered on elementary and secondary school grounds during
the regular or extended school day from all sources, including school
cafeterias, school stores and vending machines. The regulations would
not take effect before September 1, 2010. The regulations must set
limits on cholesterol, sodium, fat, sugar, and calories and ban
artificial trans fatty acids and must require that fruits and
vegetables be offered, that at least half of grain products are whole
grain products, and that entrees sold separately are nutritionally
equivalent to entrees sold as part of school meals.

Section 6 also requires SED, in collaboration with DOH and the
Department of Agriculture and Markets, to make an annual report,
beginning no later than December 31, 2012, to the Governor and the
Legislature on the impact of nutrition standards on the health of New
York's students.

Section 7 of the bill adds a new Education Law § 918-a, requiring
schools to develop local school wellness policies with the input of
parents, students, school administrators, and others. The policies
will address, among other things: (1) whether schools provide students
with sufficient time to eat breakfast and lunch; (2) how to increase
opportunities for physical activity during the day by requiring recess
and improving compliance with physical education requirements; (3)
ideas for healthy fundraising and classroom celebrations; and (4)
whether and to what extent eating disorders should be addressed by
staff training and school curricula. The wellness policies must be
filed with SED annually, effective July 1, 2010, and must be made
available to DOH on request.

Section 8 of the bill amends Education Law § 2854 to make charter
schools subject to the provisions of Education Law §§ 915 and 918-a.

Section 9 of the bill adds a new Agriculture and Markets Law § 28 to
require the Department of Agriculture and Markets to consult with DOH
and SED in the establishment and review of nutritional and dietary
standards for food and beverages available in elementary and secondary
schools.

Section 10 of the bill constitutes a severability clause.

Section 11 of the bill provides that the bill takes effect
immediately.

 EXISTING LAW :

Article 25 of the Public Health Law (§ 2599-a et seq.) establishes a
childhood obesity program within DOH, designed to prevent and reduce
obesity in children and adolescents.

The United States Department of Agriculture's nutrient standards
require a minimum level of calories and key nutrients for specific age
or grade groups for breakfast and lunch menus served by schools or
districts that participate in any program authorized by the National
School Lunch Program or the Child Nutrition Act of 1966. The standards
require certain amounts of protein, iron, calcium and Vitamins A and
C, and limit the percentage of total calories in a food item
attributable to fat.

The federal Child Nutrition and WIC Reauthorization Act of 2004
(Public Law 108-265) included a provision requiring school districts
to adopt local school wellness policies to promote healthy eating and
encourage physical activity in schools.

Education Law § 803 provides that students in elementary and secondary
schools who are over the age of eight must receive physical education
under the direction of the Commissioner of Education as the Board of
Regents may determine.

Education Law § 915 prohibits the sale of certain "sweetened foods"
during certain times of the school day. From the beginning of the
school day until the end of the last scheduled meal period, sweetened
soda water, chewing gum, candy including hard candy, jellies, gums,
marshmallow candies, fondant, licorice, spun candy and candy coated
popcorn, and water ices (other than those which contain fruit or fruit
juices) may not be sold in any public school within the State.

Education Law § 918 authorizes and encourages school districts to
establish a "child nutrition advisory committee," including
representatives of the school board, the food preparation staff, staff
from school physical education departments, the school nurse or health
staff, a registered dietitian, if available, teachers, parent teacher
associations, students and parents and guardians. The statute
encourages the committees to examine the district's nutritional
policies, including vending machine sales, menu criteria, educational
curriculum teaching healthy nutrition, educational information
provided to parents or guardians regarding healthy nutrition and the
health risks associated with obesity, opportunities offered to parents
or guardians to encourage healthier eating habits to students, and
staff training on healthy nutrition.

The Commissioner of Education's regulations at Part 135 of Title 8 of
the New York State Codes Rules and Regulations require school
districts to develop and implement physical education programs.

 LEGISLATIVE HISTORY :

A similar Governor's Program Bill (A.8642/S.5942) was introduced
during the 2007-08 legislative session. In addition, both the Senate
and the Assembly passed different bills (S.5892 and A.8698) during the
2007-08 session that addressed some elements of the Governor's Program
Bill. Further, the 2008-09 Executive Budget included a Healthy Schools
proposal, which was not included in the enacted budget.

 STATEMENT IN SUPPORT :

Recognizing the epidemic of obesity in children and other problems
associated with poor nutrition and insufficient physical activity,
this bill would create a healthier school environment for New York's
children by requiring State agencies with expertise in childhood
nutrition and education to establish nutritional standards for food
and beverages sold, served or offered in New York's elementary and
secondary schools. The bill also requires schools to consider ways to
increase student physical activity, promote additional changes for
healthier schools, and help students learn to make appropriate
nutritional choices.

The bill requires DOH, in consultation with SED and the Department of
Agriculture and Markets, to develop recommendations for nutritional
and dietary standards for foods and beverages sold, served or offered
in elementary and secondary schools. SED will be responsible for
promulgating regulations based on the recommended standards. These
regulations will apply to school districts, private schools that
participate in any program authorized by the National School Lunch
Program or the Child Nutrition Act of 1966, boards of cooperative
educational services, charter schools and schools operating under
Articles 83, 85, 87 and 88 of Education Law.

To ensure that healthy food is served both inside and outside the
school cafeteria, the regulations would cover foods and beverages
sold, served or offered by any source, including school stores,
vending machines, and school cafeterias. If schools offer meals, they
must: (1) offer a plant-based meat alternative and vegetables that are
not fried at lunch, and fruit with no added sweeteners at both
breakfast and lunch; (2) ensure that at least 50 percent of grain
products offered over a school week are whole grain products; and (3)
ensure that entrees sold separately from the school meal are the same
as, or nutritionally comparable to, the entrees sold as part of the
school meals. In addition, the bill prohibits the sale of candy, soda,
gum and other sweetened foods in schools.

The regulations and other restrictions in the bill would not apply to
items purchased off school grounds for personal consumption or for
classroom activities or celebrations. Nor would the regulations apply
to food and beverages sold, served or offered at after school
activities attended by both adults and students, such as concerts or
sporting events, or to items sold after the end of the last lunch
period for the purpose of raising funds for school activities.

In addition to requiring development of nutritional and dietary
standards for schools, the bill would require schools to consider
other ways of creating a healthier school environment.  Under federal
law, school districts that seek reimbursement under the National
School Lunch Program or the Child Nutrition Act of 1966 must establish
local school wellness policies. This bill amplifies the federal
provisions by requiring more districts to develop wellness policies
and expanding the group of people involved in creating the policies to
ensure wide community representation. It also builds on the work local
communities are currently doing by including individuals that serve on
school nutrition advisory committees established pursuant to Education
Law § 918 and requiring local wellness policies to take into account
any recommendations made by such committees.

Local school wellness policies must address a variety of child health
issues related to the school environment. For example, policy
developers must consider the fact that if children are not provided
with sufficient time to eat, they are likely to make poor nutritional
choices or to forgo eating at all, and that physical activity is
important to a child's health. Based on local needs and circumstances,
the policies will establish standards or directives to address these
issues. Thus, for example, a local school wellness policy could
establish minimum times for students to eat breakfast and lunch or
require recess on days that students do not have a physical education
class.

To increase accountability, the bill requires schools to file local
school wellness policies with SED each year. In addition, the policies
must be made available to DOH upon request to allow DOH to assist
schools in creating a healthier environment.

Finally, the bill enhances DOH's responsibilities under the Childhood
Obesity Prevention Program by requiring it to engage in media
promotions, community programs and collaboration with various
nutrition and physical education professionals, including the CCCEDs,
all in an effort to improve nutrition for children and adolescents.
DOH is also required to consult with the CCCEDs in developing its
recommendations for nutritional and dietary standards and in providing
training and technical assistance to schools.

 BUDGET IMPLICATIONS :

There will be no fiscal impact to the State.

 EFFECTIVE DATE :
The bill takes effect immediately.

2009-S4118 (ACTIVE) - Bill Text download pdf

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

                                  4118

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 13, 2009
                               ___________

Introduced  by  Sen. OPPENHEIMER -- (at request of the Governor) -- read
  twice and ordered printed, and when printed to  be  committed  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

S. 4118                             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

S. 4118                             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

S. 4118                             4

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

S. 4118                             5

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

S. 4118                             6

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

S. 4118                             7

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.

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Senate Bill S4118

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Archive: Last Bill Status - In Senate Committee Education Committee

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Sponsored By

Suzi Oppenheimer

Archive: Last Bill Status - In Senate Committee Education Committee

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co-Sponsors

Neil D. Breslin

Pedro Espada Jr.

Craig M. Johnson

Velmanette Montgomery

2009-S4118 (ACTIVE) - Details

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2009-S4118 (ACTIVE) - Sponsor Memo

2009-S4118 (ACTIVE) - Bill Text download pdf

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