S T A T E O F N E W Y O R K
________________________________________________________________________
4824--A
2011-2012 Regular Sessions
I N A S S E M B L Y
February 8, 2011
___________
Introduced by M. of A. P. RIVERA -- read once and referred to the
Committee on Education -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the public health law, the education law and the agri-
culture and markets law, in relation to establishing nutritional stan-
dards for certain foods and beverages sold in schools
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 "New York state healthy kids act".
S 2. 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 aesthet-
ic 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 FOOD AND
BEVERAGES SOLD IN SCHOOLS CONSISTENT WITH SECTION NINE HUNDRED FIFTEEN
OF THE EDUCATION LAW. IN DEVELOPING SUCH RECOMMENDATIONS, THE COMMIS-
SIONER AND THE COMMISSIONERS OF EDUCATION AND AGRICULTURE AND MARKETS
SHALL REVIEW EXISTING SCIENCE AND EVIDENCE-BASED RESEARCH TO EXAMINE AND
EVALUATE THE USE OF FOOD COLORING, CHEMICAL ADDITIVES AND ARTIFICIAL
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01108-02-1
A. 4824--A 2
SWEETENERS IN FOODS AND BEVERAGES, AND MAKE SUCH RECOMMENDATIONS AS THEY
DEEM APPROPRIATE. THE RECOMMENDATIONS SHALL BE PROVIDED IN WRITING TO
THE COMMISSIONER OF EDUCATION NO LATER THAN AUGUST THIRTY-FIRST, TWO
THOUSAND TWELVE, AND REVISED RECOMMENDATIONS SHALL BE PROVIDED AS DEEMED
NECESSARY BY THE COMMISSIONER.
S 3. 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. DEFINITIONS. FOR THE
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. "SNACKS AND A LA CARTE ITEMS" SHALL MEAN FOOD ITEMS THAT ARE SOLD
INDIVIDUALLY, OUTSIDE OF SCHOOL MEALS, FROM SOURCES INCLUDING, BUT NOT
LIMITED TO, SCHOOL CAFETERIAS, A LA CARTE LINES, SCHOOL STORES OR VEND-
ING MACHINES.
2. APPLICABILITY. A. THIS SECTION AND THE REGULATIONS PROMULGATED
PURSUANT THERETO SHALL APPLY TO ELEMENTARY AND SECONDARY SCHOOLS AND
PROGRAMS UNDER THE JURISDICTION OF THE FOLLOWING (COLLECTIVELY REFERRED
TO IN THIS SECTION AS "SCHOOL DISTRICTS"): SCHOOL DISTRICTS, NON-PUBLIC
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, CHARTER SCHOOLS AND SCHOOLS
OPERATING PURSUANT 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 PROMULGATED PURSUANT THERETO.
B. EXCEPT AS OTHERWISE PROVIDED IN PARAGRAPH C OF THIS SUBDIVISION,
THIS SECTION AND REGULATIONS PROMULGATED PURSUANT THERETO SHALL APPLY TO
SNACKS AND A LA CARTE ITEMS AND BEVERAGES SOLD ON SCHOOL GROUNDS BEFORE,
DURING AND AFTER THE REGULAR SCHOOL DAY FROM ANY SOURCE INCLUDING, BUT
NOT LIMITED TO, SCHOOL CAFETERIAS, A LA CARTE LINES, SCHOOL STORES AND
VENDING MACHINES.
C. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SUBDIVISION, THIS
SECTION AND REGULATIONS PROMULGATED PURSUANT THERETO SHALL NOT APPLY TO:
(I) FOODS AND BEVERAGES SOLD AS SCHOOL MEALS; (II) FOODS AND BEVERAGES
SOLD AFTER SCHOOL ACTIVITIES ATTENDED BY BOTH ADULTS AND STUDENTS, SUCH
AS CONCERTS AND SPORTING EVENTS, SOLD BY SOURCES OTHER THAN SCHOOL
STORES OR VENDING MACHINES; (III) FOODS AND BEVERAGES PROVIDED UNDER THE
FEDERAL CHILD AND ADULT CARE FOOD PROGRAM, WHICH SHALL BE SUBJECT TO THE
REQUIREMENTS IMPOSED UNDER THAT PROGRAM; OR (IV) CAFFEINATED COFFEE OR
TEA SOLD TO SCHOOL EMPLOYEES.
3. NUTRITIONAL AND DIETARY STANDARDS. A. THE REGENTS AND THE COMMIS-
SIONER SHALL PROMULGATE REGULATIONS TO ESTABLISH NUTRITIONAL AND DIETARY
STANDARDS BASED UPON THE RECOMMENDATIONS DEVELOPED PURSUANT TO SUBDIVI-
SION 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 COMMISSION, IN CONSULTATION WITH THE COMMISSIONER OF
HEALTH, BUT NOT LESS FREQUENTLY THAN ONCE EVERY FIVE YEARS AND SHALL BE
MADE AVAILABLE FOR PUBLIC COMMENT AND REVIEW PURSUANT TO THE STATE
ADMINISTRATIVE PROCEDURE ACT.
A. 4824--A 3
(II) THE NUTRITIONAL AND DIETARY STANDARDS FOR HEALTHY SNACKS AND A LA
CARTE ITEMS AND BEVERAGES SHALL BE DEVELOPED TO PROMOTE A HEALTHFUL DIET
AND SHALL BE BASED ON THE PREPONDERANCE OF THE NUTRITIONAL, SCIENTIFIC
AND MEDICAL KNOWLEDGE WHICH IS CURRENT AT THE TIME THE REGULATIONS ARE
BEING PROMULGATED.
(III) UNDER NO CIRCUMSTANCE SHALL THE NUTRITIONAL AND DIETARY STAND-
ARDS INTERFERE WITH THE SPECIAL DIETARY NEEDS OF STUDENTS IN RELATION TO
HEALTH CONDITIONS, FOOD ALLERGIES, DIETARY INTOLERANCES AND RELIGIOUS
MANDATES.
(IV) THE NUTRITIONAL AND DIETARY STANDARDS MAY REFLECT THE NEEDS OF
STUDENTS AT DIFFERING AGES AND GRADE LEVELS.
(V) THE NUTRITIONAL AND DIETARY STANDARDS SHALL ENCOURAGE THE PURCHASE
OF FRESH FRUITS, VEGETABLES, MEAT AND DAIRY PRODUCTS WHICH ARE PRODUCED
BY LOCAL OR REGIONAL FARMS, CONSISTENT WITH APPLICABLE FEDERAL PROCURE-
MENT STANDARDS.
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) TOTAL CALORIE AMOUNTS;
(IV) CALORIES DERIVED FROM FAT AND SATURATED FAT; (V) CALORIES DERIVED
FROM SUGAR; (VI) SERVING SIZES; AND (VII) SUCH STANDARDS SHALL 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 TWELVE
AND SHALL BE EFFECTIVE ON AND AFTER SEPTEMBER FIRST, TWO THOUSAND THIR-
TEEN. THE REGULATIONS SHALL APPLY ONLY TO SNACKS AND A LA CARTE ITEMS
AND BEVERAGE CONTRACTS BETWEEN SCHOOL DISTRICTS AND VENDORS THAT WERE
ISSUED, RENEWED, MODIFIED, ALTERED OR AMENDED ON OR AFTER SEPTEMBER
FIRST, TWO THOUSAND TWELVE.
4. PROHIBITIONS. 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 BEFORE, DURING
AND AFTER THE REGULAR SCHOOL DAY FROM ANY SOURCE, INCLUDING, BUT NOT
LIMITED TO, SCHOOL CAFETERIAS, A LA CARTE LINES, SCHOOL STORES AND VEND-
ING MACHINES.
5. COMPLIANCE. SCHOOL DISTRICTS SHALL MAKE AVAILABLE TO THE DEPART-
MENT, UPON REQUEST, DOCUMENTATION SETTING FORTH THE INGREDIENTS AND
NUTRIENTS OF ANY SNACK OR A LA CARTE ITEM OR BEVERAGE SOLD BY OR ON
BEHALF OF SUCH DISTRICT OR IS USED AS AN INGREDIENT IN A SNACK OR A LA
CARTE ITEM OR BEVERAGE SOLD BY OR ON BEHALF OF SUCH DISTRICT. THE STATE
COMPTROLLER SHALL REVIEW SCHOOL COMPLIANCE WITH THE REQUIREMENTS SET
FORTH IN THIS SECTION AND THE REGULATIONS PROMULGATED PURSUANT THERETO
AS PART OF THE ANNUAL AUDITS OF SCHOOL DISTRICTS AS AUTHORIZED UNDER
SUBDIVISION THREE-A OF SECTION TWENTY-ONE HUNDRED SIXTEEN-A AND PARA-
GRAPH (C) OF SUBDIVISION ONE OF SECTION TWENTY-EIGHT HUNDRED FIFTY-FOUR
OF THIS CHAPTER AND SECTION THIRTY-THREE OF THE GENERAL MUNICIPAL LAW.
S 4. The agriculture and markets law is amended by adding a new
section 28 to read as follows:
S 28. SCHOOL NUTRITIONAL AND DIETARY STANDARDS. THE COMMISSIONER SHALL
PROVIDE CONSULTATION TO THE COMMISSIONERS OF EDUCATION AND HEALTH IN
ESTABLISHING AND REVISING NUTRITIONAL AND DIETARY STANDARDS FOR HEALTHY
SCHOOL SNACKS AND A LA CARTE ITEMS 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.
A. 4824--A 4
S 5. 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 6. This act shall take effect immediately.