S T A T E   O F   N E W   Y O R K
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                                  1569

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 10, 2011
                               ___________

Introduced  by  M.  of  A. TEDISCO, KOLB, CONTE, RAIA, BARCLAY -- Multi-
  Sponsored by -- M. of A.   THIELE -- read once  and  referred  to  the
  Committee on Education

AN  ACT  to  create  the  "Healthy  Kids Act" pilot program to encourage
  students to develop healthy eating habits and makes  an  appropriation
  therefor

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

  Section 1. This act shall be known and may be cited  as  the  "Healthy
Kids Act".
  S  2. The board of regents is hereby authorized and directed to estab-
lish a three-year pilot program to encourage students to develop healthy
eating habits in not less than ten school districts in New  York  state.
1.  School districts may apply, in accordance with criteria developed by
the board of regents, to be selected to participate in such program.  In
selecting  participating school districts, the board shall choose school
districts that are representative of the geographic and financial diver-
sity of the state, and have demonstrated  a  commitment  to  encouraging
students  to  develop  healthy  eating  habits.  The pilot program shall
commence in the 2012-2013 school year.  Participating  school  districts
will  be  eligible  to  receive  grants,  insofar as such funds are made
available by the legislature.
  2. A participating school  district  shall  comply  with  all  of  the
following program requirements:
  a. No beverage shall be sold to students from one-half hour before the
start  of the school day until one-half hour after the end of the school
day, except for the following:
  (i) fruit-based drinks that are composed of no less than fifty percent
fruit juice and have no added sweeteners;
  (ii) drinking water;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01485-01-1

              

A. 1569                             2

  (iii) milk, including but not limited to, chocolate  milk,  soy  milk,
rice milk, and other dairy or non-dairy milk; and
  (iv)  electrolyte  replacement beverages that do not contain more than
forty-two grams of added sweetener per twenty-ounce serving.
  b. No food or snack item  shall  be  sold  to  students  from  vending
machines  from  one-half  hour  before the start of the school day until
one-half hour after the end of the school day, unless such food or snack
meets the standards set forth in the United States department  of  agri-
culture's guidelines for the federal school lunch program.
  c.  For the purposes of this subdivision, "added sweeteners" means all
sugars used as ingredients  in  processed  and  prepared  beverages  and
foods, including non-caloric sweeteners such as saccharin and aspartame,
but  not including natural sugars that are contained within the fruit or
fruit juice.
  S 3. Each school district that  is  selected  to  participate  in  the
"Healthy Kids Act" pilot program shall be eligible to receive a grant to
offset  the  costs  of developing and adopting policies pursuant to this
act. The grants shall be a one-time grant and shall be used  to  provide
funding  for  approved  vendor  contracts;  assist  in  the purchase and
conversion of vending machines; and to offset the economic loss, if any,
suffered by  districts  no  longer  authorized  to  enter  into  certain
contracts related to the sale of food and soft drinks.
  S  4.  The sum of two million dollars ($2,000,000), or so much thereof
as may be necessary, is hereby appropriated to the education  department
out  of any moneys in the state treasury in the general fund, not other-
wise appropriated, and made immediately available, for  the  purpose  of
carrying out the provisions of this act. Such moneys shall be payable on
the  audit and warrant of the state comptroller on vouchers certified or
approved by the commissioner of education in the  manner  prescribed  by
law.
  S 5. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided, however, that effective immediate-
ly,  the  addition,  amendment  and/or  repeal of any rule or regulation
necessary for the implementation of this act on its  effective  date  is
authorized  and  directed  to  be  made  and completed on or before such
effective date.