S T A T E O F N E W Y O R K
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536
2011-2012 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 5, 2011
___________
Introduced by M. of A. SAYWARD -- Multi-Sponsored by -- M. of A.
BARCLAY, CALHOUN, CONTE, CROUCH, GIGLIO, GUNTHER, P. LOPEZ, MAGEE,
SPANO, WEISENBERG -- read once and referred to the Committee on Educa-
tion
AN ACT to amend the education law, in relation to providing for the
sale, availability and distribution of healthy foods and beverages for
school lunch programs
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. 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] PROMOTING the sale, AVAILABILITY OR DISTRIBUTION
of certain [sweetened] foods AND BEVERAGES FOR A SCHOOL LUNCH PROGRAM.
[From the beginning of the school day until the end of the last sched-
uled meal period, 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 fruit or fruit juices, shall be sold in any public
school within the state.] 1. EXCEPT AS OTHERWISE PROVIDED BY THIS
SECTION, SCHOOL DISTRICTS, PRIVATE SCHOOLS WHICH RECEIVE ANY FORM OF
STATE FUNDING, BOARDS OF COOPERATIVE EDUCATIONAL SERVICES, COUNTY VOCA-
TIONAL EDUCATION AND EXTENSION BOARDS, AND CHARTER SCHOOLS, SHALL
PERMIT, AT SCHOOLS UNDER ITS JURISDICTION, THE SALE OF THE FOLLOWING
BEVERAGES TO STUDENTS AS PART OF A SCHOOL LUNCH PROGRAM:
(A) JUICES WITH AT LEAST FIFTY PERCENT FRUIT JUICES OR FRUIT IN NOT
MORE THAN TWELVE OUNCE CONTAINERS OR VEGETABLE-BASED DRINKS IN NOT MORE
THAN TWELVE OUNCE CONTAINERS;
(B) BEVERAGES THAT CONTAIN ONLY WATER AND FRUIT OR VEGETABLE JUICE AND
HAVE NO ADDED SUGARS;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01299-01-1
A. 536 2
(C) DRINKING WATER OR SELTZER WATER, WHICH MAY BE FLAVORED BUT DOES
NOT CONTAIN CAFFEINE, IN ANY SIZE CONTAINER;
(D) ONE PERCENT FAT MILK AND NONFAT MILK, THAT MAY BE FLAVORED BUT
CONTAIN NO MORE THAN THIRTY-TWO GRAMS OF SUGAR PER EIGHT OUNCE SERVING,
IN NOT MORE THAN SIXTEEN OUNCE CONTAINERS; AND
(E) NONDAIRY MILK, SUCH AS SOY OR RICE MILK, WHICH MAY BE FLAVORED BUT
CONTAIN NO MORE THAN THIRTY-TWO GRAMS TOTAL SUGAR PER EIGHT OUNCE SERV-
ING, SHALL BE CALCIUM AND VITAMIN FORTIFIED, AND NOT IN MORE THAN
SIXTEEN OUNCE CONTAINERS.
2. EXCEPT AS OTHERWISE PROVIDED BY THIS SECTION, SCHOOL DISTRICTS,
PRIVATE SCHOOLS WHICH RECEIVE ANY FORM OF STATE FUNDING, BOARDS OF COOP-
ERATIVE EDUCATIONAL SERVICES, COUNTY VOCATIONAL EDUCATION AND EXTENSION
BOARDS, AND CHARTER SCHOOLS, SHALL PERMIT, AT SCHOOLS UNDER ITS JURIS-
DICTION, THE SALE OF ONLY PACKAGED AND NON-PACKAGED FOOD SOLD THAT
ADHERES TO THE FOLLOWING CRITERIA:
(A) PACKAGE SIZES FOR GRAINS SHALL NOT EXCEED 1.25 OUNCES FOR CHIPS,
CRACKERS, POPCORN AND SIMILARLY PACKAGED ITEMS; ONE OUNCE FOR COOKIES;
TWO OUNCE CEREAL BARS AND GRANOLA BARS AND SIMILARLY PACKAGED ITEMS; TWO
OUNCES FOR BAKERY ITEMS INCLUDING, BUT NOT LIMITED TO, PASTRIES, MUFFINS
AND BAGELS; PACKAGE SIZES FOR DAIRY AND NONDAIRY ITEMS SHALL NOT EXCEED
EIGHT OUNCES FOR YOGURT; FOUR OUNCES FOR ICE CREAM AND TWO OUNCES FOR
CHEESE; PACKAGE SIZES FOR NUTS AND SEEDS SHALL NOT EXCEED 1.25 OUNCES
FOR TRAIL MIX, NUTS, SEEDS AND JERKY; THERE SHALL BE NO MAXIMUM PACKAGE
SIZE ESTABLISHED FOR FRUITS AND VEGETABLES;
(B) EACH PACKAGE OF FOOD SHALL NOT HAVE MORE THAN THIRTY PERCENT OF
ITS TOTAL CALORIES FROM FAT;
(C) EACH PACKAGE SHALL NOT HAVE MORE THAN TEN PERCENT OF ITS TOTAL
CALORIES FROM SATURATED FAT;
(D) EACH PACKAGE SHALL NOT HAVE MORE THAN FIFTEEN GRAMS OF SUGAR;
(E) EACH PACKAGE OF GRAINS, FRUITS AND VEGETABLES SHALL CONTAIN NOT
MORE THAN THIRTY GRAMS OF TOTAL CARBOHYDRATES (INCLUDING NATURAL AND
ADDED SUGAR); EACH PACKAGE OF DAIRY AND NON-DAIRY SHALL CONTAIN NOT MORE
THAN FOUR GRAMS PER OUNCE OF TOTAL CARBOHYDRATE INCLUDING NATURAL SUGAR
AND NATURAL MILK SUGAR;
(F) WHOLE GRAINS SHALL BE AT LEAST FIFTY PERCENT OF THE TOTAL BREAD
EQUIVALENT; AND
(G) THE PORTION SIZE SHALL BE EQUIVALENT TO FEDERAL STANDARDS.
3. FOOD ITEMS AND BEVERAGES NOT PREPACKAGED WITH NUTRITIONAL INFORMA-
TION BY THE DISTRIBUTOR SHALL BE REQUIRED TO HAVE NUTRITIONAL INFORMA-
TION INCLUDING CALORIES, PERCENTAGE OF CALORIES FROM FAT, PERCENTAGE OF
CALORIES FROM SATURATED FAT, CHOLESTEROL, PROTEIN, CARBOHYDRATE, FIBER,
CALCIUM, IRON, VITAMIN A AND VITAMIN C AND ANY SUCH OTHER INFORMATION AS
REQUIRED TO BE INCLUDED ON THE FOOD NUTRITION LABEL BY THE FOOD AND DRUG
ADMINISTRATION OF THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN
SERVICES AVAILABLE TO THE CUSTOMER, EITHER ON A DISPLAY CASE, IN A BIND-
ER OR WITHIN INFORMATION PACKETS HELD BY FOOD SERVICE STAFF FOR REQUEST
BY THE CUSTOMER.
4. WHERE POSSIBLE, AT LEAST TWO FRUITS AND TWO NON-FRIED VEGETABLE
CHOICES SHALL BE GIVEN AT EACH LUNCHEON MEAL, AND FIVE DIFFERENT FRUITS
AND FIVE DIFFERENT VEGETABLES EACH WEEK. SUCH ITEMS SHALL INCLUDE, BUT
NOT BE LIMITED TO, FRESH FRUIT AND VEGETABLES, CANNED FRUIT IN LIGHT
SYRUP, CANNED VEGETABLES AND FIFTY--ONE HUNDRED PERCENT FRUIT JUICE.
FRUIT AND NON-FRIED VEGETABLES SHALL BE OFFERED FOR SALE AT ANY LOCATION
WHERE FOOD IS SOLD AS PART OF A SCHOOL LUNCH PROGRAM.
5. PROVISIONS OF THIS SECTION SHALL APPLY TO THE SALE OF ALL FOODS AND
BEVERAGES SOLD AS PART OF THE NATIONAL SCHOOL LUNCH PROGRAM AND SCHOOL
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LUNCH PROGRAMS, THAT IS REIMBURSABLE UNDER SUCH PROGRAMS; IF SUCH SCHOOL
PARTICIPATES IN THE GUIDELINES PROVIDED BY THIS SECTION, A TEN CENT PER
LUNCH REIMBURSEMENT FROM THE STATE SHALL BE GRANTED.
6. THE COMMISSIONER, IN CONSULTATION WITH THE COMMISSIONER OF HEALTH,
SHALL ESTABLISH A PROCEDURE FOR ENGAGING SCHOOL WELLNESS COMMITTEES
ESTABLISHED IN COMPLIANCE WITH FEDERAL REQUIREMENTS, IN EDUCATING
STUDENTS, PARENTS, SCHOOL ADMINISTRATORS AND SCHOOL BOARDS ON THE NUTRI-
TIONAL STANDARDS SET FORTH WITHIN THIS SECTION.
7. THE COMMISSIONER SHALL ESTABLISH A PROCESS TO MONITOR THE REPORT-
ING AND PROOF OF SALE OF SUCH LUNCHES PURSUANT TO THIS SECTION. SUCH
PROCESS SHALL, IN PART, PROVIDE THAT EACH SCHOOL DISTRICT, PRIVATE
SCHOOL THAT RECEIVES ANY FORM OF STATE FUNDING, BOARDS OF COOPERATIVE
EDUCATIONAL SERVICES, COUNTY VOCATIONAL EDUCATION AND EXTENSION BOARD
AND CHARTER SCHOOLS SUBJECT TO THE PROVISIONS OF THIS SECTION, SHALL
COMPLETE AN ANNUAL REPORT ON SALE, AVAILABILITY AND DISTRIBUTION OF FOOD
AND BEVERAGES ON SCHOOL GROUNDS AND THAT EACH SUCH SCHOOL REPORT SHALL
BE SUBMITTED TO THE COMMISSIONER IN A TIMELY MANNER AS THE COMMISSIONER
SHALL PROVIDE FOR IN RULES AND REGULATIONS. SUCH REPORT SHALL BE
PRESENTED TO THE SCHOOL WELLNESS COMMITTEE FOR THE PURPOSES OF ESTAB-
LISHING SCHOOL WELLNESS POLICIES IN COMPLIANCE WITH FEDERAL REQUIREMENTS
FOR REVIEW AND COMMENT PRIOR TO SUBMISSION TO THE COMMISSIONER. THE
COMMISSIONER SHALL PREPARE AND DELIVER WITHIN TWO YEARS OF THE EFFECTIVE
DATE OF THIS SUBDIVISION AND ANNUALLY THEREAFTER, A REPORT TO THE GOVER-
NOR AND THE LEGISLATURE:
(A) DELINEATING BY SCHOOL DISTRICT, PUBLIC SCHOOLS, PRIVATE SCHOOLS,
BOARDS OF COOPERATIVE EDUCATIONAL SERVICES, COUNTY VOCATIONAL EDUCATION
AND EXTENSION BOARDS AND CHARTER SCHOOLS FOR WHICH SUCH ANNUAL SCHOOL
REPORT HAS NOT BEEN SUBMITTED TO THE COMMISSION AS PROVIDED FOR BY
SUBDIVISION SEVEN OF THIS SECTION; AND
(B) DETAILING WHAT MEASURE THE COMMISSIONER HAS TAKEN, OR IS TAKING,
TO ENSURE THAT SUCH SCHOOL REPORT IS COMPLETED FOR ALL SCHOOLS AND
SUBMITTED TO THE COMMISSIONER AS REQUIRED. THE COMMISSIONER SHALL
REQUIRE THAT A SUMMARY OF SUCH REPORT BE INCLUDED IN THE SCHOOL REPORT
CARDS OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES REPORT CARDS REQUIRED
BY THIS CHAPTER AND SHALL BE POSTED ON THE DEPARTMENT INTERNET WEBSITE
FOR PUBLIC REVIEW.
S 2. This act shall take effect on the first of September next
succeeding the date on which it shall have become a law; provided,
however, that effective immediately, the addition, amendment and/or
repeal of any rule or regulation necessary for the implementation of
this act on its effective date are authorized and directed to be made
and completed on or before such effective date.