Senate Bill S4153

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

                                  4153

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 15, 2009
                               ___________

Introduced  by  Sens.  MONTGOMERY,  DILAN,  MONSERRATE -- 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 nutritional standards
  in public schools

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

  Section  1. Legislative intent. It is the intent of the legislature to
improve upon the health and well-being of children attending the  public
schools  by  providing  guidance to public schools regarding nutritional
standards. Healthy foods are crucial to the health and physical develop-
ment of children. The  implementation  of  health-conscious  efforts  in
developing the food service programs of our public schools will not only
provide  immediate benefits to children but will also teach them healthy
habits to last their lifetimes. Currently, there is a lack of  statutory
guidance  on  nutritional standards outside of the standards provided by
the United States department of agriculture under its reimbursable  meal
program.  Accordingly, this legislation will require all foods served or
sold at public schools outside of the federal  school  meal  program  to
meet  specific  requirements  relating  to  the fat and sugar content of
foods and portion sizes of foods.
  S 2. The education law is amended by adding a new section 920 to  read
as follows:
  S  920. SCHOOL NUTRITIONAL STANDARDS. 1. SCHOOL NUTRITIONAL POLICY. A.
THE BOARD OF EDUCATION OF EVERY COMMON, UNION  FREE,  CENTRAL  AND  CITY
SCHOOL  DISTRICT  WITHIN THE STATE SHALL ADOPT A POLICY WHICH IMPLEMENTS
THE NUTRITIONAL STANDARDS REQUIRED BY THIS SUBDIVISION  AND  SHALL  POST
THIS SECTION OF LAW AND ANY ADDITIONAL RULES AND REGULATIONS RELATING TO
SCHOOL  NUTRITION  AND  PHYSICAL  EDUCATION  REQUIREMENTS IN PUBLIC VIEW
WITHIN ALL SCHOOL CAFETERIAS.   THE NUTRITIONAL  STANDARDS  PROVIDED  IN
THIS SECTION ARE INTENDED TO BRING ALL FOOD AND BEVERAGE ITEMS SERVED OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10510-01-9
              

S. 4153                             2

SOLD  WITHIN  THE  PUBLIC  SCHOOLS OF THE STATE INTO COMPLIANCE WITH THE
NUTRITIONAL STANDARDS PROMULGATED BY THE  UNITED  STATES  DEPARTMENT  OF
AGRICULTURE  UNDER  ITS  REIMBURSABLE  MEAL  PROGRAM, INCLUDING FOOD AND
BEVERAGE ITEMS OUTSIDE OF THE REIMBURSABLE MEAL PROGRAM.
  B.  EXCEPT  AS  PROVIDED  IN PARAGRAPH C OF THIS SUBDIVISION ANY FOODS
SERVED OR SOLD TO PUPILS DURING BREAKFAST AND LUNCH PERIODS AT ELEMENTA-
RY SCHOOLS, MIDDLE SCHOOLS AND HIGH SCHOOLS SHALL BE SERVED OR SOLD AS A
FULL MEAL.
  C.  FRESH  FRUIT,  NON-FRIED  VEGETABLES,  LEGUMES,  BEVERAGES,  DAIRY
PRODUCTS  OR  GRAIN  PRODUCTS  MAY BE SERVED OR SOLD AS INDIVIDUAL ITEMS
DURING BREAKFAST AND LUNCH PERIODS AT ELEMENTARY SCHOOLS, MIDDLE SCHOOLS
AND HIGH SCHOOLS IF SUCH ITEMS MEET THE FOLLOWING REQUIREMENTS:
  (1) NO MORE THAN THIRTY-FIVE PERCENT OF THE  CALORIES  IN  SUCH  ITEMS
SHALL BE FROM FAT, WITH THE EXCEPTION OF FAT FROM NUTS OR SEEDS;
  (2) NO MORE THAN TEN PERCENT OF THE TOTAL CALORIES IN SUCH ITEMS SHALL
BE FROM SATURATED FAT AND TRANS FAT COMBINED; AND
  (3) NO MORE THAN THIRTY-FIVE PERCENT OF THE TOTAL WEIGHT OF SUCH ITEMS
SHALL  BE  COMPOSED  OF  SUGAR,  WITH THE EXCEPTION OF NATURAL SUGARS IN
FRUITS, VEGETABLES, AND DAIRY PRODUCTS.
  D. AT ANY TIME, NON-CARBONATED  OR  CARBONATED  WATERS  WITHOUT  ADDED
SWEETENERS, MILK, INCLUDING, BUT NOT LIMITED TO, ONE PERCENT OR FAT-FREE
CHOCOLATE  MILK, SOY MILK, RICE MILK AND OTHER SIMILAR DAIRY OR NONDAIRY
MILK, AND DRINKS COMPOSED OF AT LEAST  FIFTY  PERCENT  FRUIT  JUICE  AND
WHICH  CONTAIN  NO  ADDED  SWEETENERS MAY BE SERVED OR SOLD TO PUPILS AT
ELEMENTARY SCHOOLS, MIDDLE SCHOOLS AND HIGH SCHOOLS.   NO  OTHER  DRINKS
MAY  BE  SERVED  OR SOLD TO PUPILS AT ELEMENTARY SCHOOLS, MIDDLE SCHOOLS
AND HIGH SCHOOLS EXCEPT AS PROVIDED IN PARAGRAPH F OF THIS SUBDIVISION.
  E. NO BEVERAGE ITEM, OTHER THAN DRINKING WATER,  OR  MILK,  INCLUDING,
BUT  NOT  LIMITED  TO, ONE PERCENT OR FAT-FREE CHOCOLATE MILK, SOY MILK,
RICE MILK AND OTHER SIMILAR  DAIRY  AND  NONDAIRY  MILK,  WHICH  EXCEEDS
TWELVE  OUNCES  PER  SERVING SHALL BE SERVED OR SOLD TO PUPILS EXCEPT AS
PROVIDED IN PARAGRAPH F OF THIS SUBDIVISION.
  F. THE SERVING OF OR SALE OF FOOD AND DRINKS WHICH DO NOT COMPLY  WITH
THE  STANDARDS  PROVIDED  IN  PARAGRAPHS  C, D AND E OF THIS SUBDIVISION
SHALL BE PERMITTED IF THE SERVING OF OR SALE OF  SUCH  FOOD  AND  DRINKS
TAKES PLACE AT LEAST ONE-HALF HOUR AFTER THE END OF THE SCHOOL DAY.
  G.  NO  "JUNK  FOOD"  SHALL BE SERVED OR SOLD AT ANY TIME. "JUNK FOOD"
SHALL MEAN FOODS AND DRINKS  OF  MINIMAL  NUTRITIONAL  VALUE,  INCLUDING
THOSE  ITEMS PROHIBITED UNDER SECTION NINE HUNDRED FIFTEEN OF THIS ARTI-
CLE, AND FOODS AND DRINKS WHICH CONTAIN A FAT CONTENT OR  SUGAR  CONTENT
WHICH  DOES NOT COMPLY WITH THE STANDARDS PROVIDED IN SUBPARAGRAPHS ONE,
TWO AND THREE OF PARAGRAPH C OF THIS SUBDIVISION.
  H. VENDING MACHINES THAT CONTAIN FOOD ITEMS OR BEVERAGE ITEMS THAT  DO
NOT  MEET  THE  REQUIREMENTS  OF  PARAGRAPHS C AND D OF THIS SUBDIVISION
SHALL REMAIN LOCKED OR BE RENDERED INOPERABLE UNTIL  AT  LEAST  ONE-HALF
HOUR AFTER THE END OF THE SCHOOL DAY.
  I.  ELEMENTARY  SCHOOLS,  MIDDLE  SCHOOLS  AND HIGH SCHOOLS SHALL GIVE
PREFERENCE TO FOODS AND BEVERAGES THAT CONTAIN A HIGHER LEVEL OF  CALCI-
UM,  AND ARE EQUAL OR LOWER IN PRICE, THAN PRODUCTS OF THE SAME TYPE AND
QUALITY.
  2. RULES AND REGULATIONS. THE COMMISSIONER, IN CONSULTATION  WITH  THE
COMMISSIONER  OF HEALTH, IS HEREBY AUTHORIZED AND DIRECTED TO PROMULGATE
ANY RULES AND REGULATIONS NECESSARY FOR THE EFFECTIVE IMPLEMENTATION  OF
SUBDIVISION  ONE OF THIS SECTION AND TO IMPROVE NUTRITIONAL STANDARDS IN
PUBLIC SCHOOLS STATEWIDE, AS WELL AS TO IMPLEMENT THE  FOLLOWING  OBJEC-
TIVES:

S. 4153                             3

  A. ENCOURAGE FUNDRAISERS THAT PROMOTE GOOD HEALTH HABITS;
  B. INCREASE THE PROMOTION, AVAILABILITY AND APPEAL OF FRESH FRUITS AND
VEGETABLES,  BY MEANS SUCH AS PROMOTING SCHOOL GARDENS AND COLLABORATION
WITH FARMERS' MARKETS;
  C. ENSURE, TO THE GREATEST EXTENT POSSIBLE, THAT FOOD IS SERVED  FRESH
AND IN AN APPEALING MANNER;
  D.  ENCOURAGE  THAT ALL PUPILS ARE ALLOTTED AT LEAST THIRTY MINUTES TO
EAT LUNCH AND AT LEAST TWENTY MINUTES TO EAT BREAKFAST,  WHERE  APPLICA-
BLE;
  E. ENSURE REGULAR PROFESSIONAL DEVELOPMENT FOR FOOD SERVICE STAFF;
  F. ENCOURAGE PUPILS TO PARTICIPATE IN THE SCHOOL LUNCH PROGRAM;
  G.  ENSURE  THAT NUTRITION EDUCATION IS INTEGRATED INTO SCHOOL CURRIC-
ULA; AND
  H. ENCOURAGE PUPILS TO ENGAGE IN HEALTHFUL LEVELS OF  PHYSICAL  ACTIV-
ITY,  BY  ENSURING  THAT  PHYSICAL  EDUCATION  IS INTEGRATED INTO SCHOOL
CURRICULA AND ENFORCING EXISTING PHYSICAL EDUCATION REQUIREMENTS.
  3. REPORT. FOLLOWING THE END OF THE  TWO  THOUSAND  TEN--TWO  THOUSAND
ELEVEN  SCHOOL YEAR, THE COMMISSIONER, IN COLLABORATION WITH THE COMMIS-
SIONER OF HEALTH, SHALL CAUSE TO BE MADE A REPORT ASSESSING THE SUCCESS,
IN SCHOOLS ACROSS THE STATE, OF THE IMPLEMENTATION  OF  THE  NUTRITIONAL
STANDARDS  PROMULGATED  IN  THIS  SECTION.  SUCH REPORT SHALL CONTAIN AN
EVALUATION OF THE EFFECTIVENESS OF THE NUTRITIONAL STANDARDS IN  IMPROV-
ING  THE HEALTH AND WELL-BEING OF PUPILS, AND ANY RECOMMENDATIONS RELAT-
ING THERETO. SUCH REPORT SHALL BE SUBMITTED TO THE GOVERNOR, THE  TEMPO-
RARY  PRESIDENT  OF  THE  SENATE,  THE  SPEAKER OF THE ASSEMBLY, AND ANY
APPROPRIATE COMMITTEES OF THE  LEGISLATURE  CONCERNED  WITH  NUTRITIONAL
STANDARDS AND HEALTH IN PUBLIC SCHOOLS.
  S  3.  This  act  shall  take  effect  on  the first of September next
succeeding the date on which it shall have become a law.