senate Bill S1587A

2011-2012 Legislative Session

Provides for the development and implementation of statewide school nutrition standards, for the review of school wellness policies

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 13, 2012 print number 1587a
amend and recommit to education
Jan 04, 2012 referred to education
Jan 10, 2011 referred to education

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

S1587 - Bill Details

See Assembly Version of this Bill:
A4363A
Current Committee:
Law Section:
Education Law
Laws Affected:
Add §§915-a & 918-a, amd §2854, Ed L
Versions Introduced in 2009-2010 Legislative Session:
S5785A, A11027

S1587 - Bill Texts

view summary

Provides for the development and implementation of statewide school nutrition standards for food and beverages that are sold to students and for the review of school wellness policies.

view sponsor memo
BILL NUMBER:S1587

TITLE OF BILL:
An act
to amend the education law, in relation to advertising on the exterior
sides of school buses

PURPOSE:
This legislation would allow boards of educations to enter into
contracts for the sale or lease of advertising on the exterior sides
of school buses owned or leased by the school district.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill would allow boards of educations to enter into
contracts for the sale or lease of advertising on the exterior sides
of school buses owned or leased by the school district. Further this
legislation states that certain ads shall be prohibited, and gives
the commissioner the ability to deem certain products or services as
inappropriate to be advertised. This legislation states further that
all advertisements shall require the prior approval of the local
board of education. It explains that revenue will be retained by the
school district. This legislation provides an exemption for cities
with a population of one million or more.

Section 2 is the effective date.

JUSTIFICATION:
At a time when Our School Districts are facing unprecedented cuts in
education funding we need to look at alternative means for bringing
in revenues. Some states, including New Jersey have enacted laws
allowing school districts to sell advertisement space on school
buses. Selling or leasing advertising space is a creative way to
allow school districts to raise revenue to support important
scholastic activities.

PRIOR LEGISLATIVE HISTORY: 2011-12: referred to
education.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE:
This act shall take effect on the sixtieth day.

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

                                  1587

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 10, 2011
                               ___________

Introduced  by  Sens.  OPPENHEIMER, MONTGOMERY -- read twice and ordered
  printed, and when printed to be committed to the Committee  on  Educa-
  tion

AN  ACT  to  amend the education law, in relation to the development and
  implementation of statewide school nutrition standards  for  food  and
  beverages  that are sold to students and the review of school wellness
  policies

  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 school nutrition act of 2011".
  S 2. The education law is amended by adding a  new  section  915-a  to
read as follows:
  S  915-A. FOOD AND BEVERAGE NUTRITION STANDARDS. 1. A. THE COMMISSION-
ER, IN CONSULTATION WITH THE DEPARTMENT OF  HEALTH,  THE  DEPARTMENT  OF
AGRICULTURE  AND  MARKETS, THE OFFICE OF GENERAL SERVICES AND WITH INPUT
FROM, INCLUDING BUT NOT LIMITED TO, AT  LEAST  ONE  REPRESENTATIVE  EACH
FROM  THE  SCHOOL FOOD SERVICE DIRECTORS; SCHOOL BOARDS; SCHOOL ADMINIS-
TRATORS; CERTIFIED DIETICIANS/NUTRITIONISTS  OR  REGISTERED  DIETICIANS;
THE PEDIATRIC MEDICAL COMMUNITY; THE PUBLIC HEALTH COMMUNITY; COMPREHEN-
SIVE  CARE CENTERS FOR EATING DISORDERS, ESTABLISHED PURSUANT TO ARTICLE
TWENTY-SEVEN-J OF THE PUBLIC HEALTH LAW; AND THE AGRICULTURAL COMMUNITY,
SHALL DEVELOP BY DECEMBER THIRTY-FIRST, TWO THOUSAND  TWELVE,  STATEWIDE
SCHOOL  NUTRITION  STANDARDS  FOR  FOOD  AND  BEVERAGES THAT ARE SOLD TO
STUDENTS EXCLUSIVE OF THOSE PROVIDED THROUGH  THE  FEDERAL  SCHOOL  MEAL
PROGRAMS.  THE COMMISSIONER SHALL SEEK TO ENSURE THAT SUCH INPUT REPRES-
ENTS A BALANCED AND COMPREHENSIVE PERSPECTIVE.  SUCH NUTRITION STANDARDS
SHALL BE DEVELOPED TO PROMOTE A HEALTHFUL DIET  TAKING  INTO  ACCOUNT  A
PREPONDERANCE OF THE NUTRITIONAL, SCIENTIFIC AND MEDICAL KNOWLEDGE WHICH
IS CURRENT AT THE TIME SUCH RECOMMENDATIONS ARE MADE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05306-01-1

S. 1587                             2

  B.  NO  LATER THAN JUNE THIRTIETH, TWO THOUSAND THIRTEEN, THE BOARD OF
REGENTS SHALL PROMULGATE REGULATIONS BASED ON THE NUTRITIONAL  STANDARDS
RECOMMENDED  BY THE COMMISSIONER. SUCH REGULATIONS SHALL APPLY TO SCHOOL
MEALS, EXCLUSIVE OF  THOSE  PROVIDED  THROUGH  FEDERAL  OR  SCHOOL  MEAL
PROGRAMS, ENTREES, SNACKS AND BEVERAGES SOLD OR SERVED ON SCHOOL GROUNDS
IN  EACH SCHOOL DISTRICT, NON-PUBLIC SCHOOL, BOARD OF COOPERATIVE EDUCA-
TION AND CHARTER SCHOOL THAT PARTICIPATES IN A PROGRAM AUTHORIZED BY THE
RICHARD B. RUSSELL NATIONAL SCHOOL LUNCH ACT OR THE CHILD NUTRITION  ACT
OF 1966, COLLECTIVELY REFERRED TO IN THIS SECTION AS "SCHOOL DISTRICTS",
DURING  THE  SCHOOL  DAY  FROM ANY SOURCE INCLUDING, BUT NOT LIMITED TO,
SCHOOL CAFETERIAS, A LA CARTE LINES, SCHOOL STORES, OR VENDING MACHINES.
SUCH REGULATIONS SHALL BE APPLICABLE IN THE TWO  THOUSAND  THIRTEEN--TWO
THOUSAND FOURTEEN SCHOOL YEAR.
  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,  VENDING
MACHINES, AND SCHOOL STORES, (C) AFTER THE END  OF  THE  LAST  SCHEDULED
MEAL  PERIOD  OF THE SCHOOL DAY, AND (D) ONLY FOR THE PURPOSE OF RAISING
FUNDS TO SUPPORT SCHOOL ACTIVITIES.
  D. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THIS SECTION AND  REGU-
LATIONS PROMULGATED HEREUNDER SHALL NOT PROHIBIT NOR RESTRICT THE ACQUI-
SITION  AND  UTILIZATION  OF  ANY  FOOD ITEM AVAILABLE THROUGH FEDERALLY
FUNDED PROGRAMS SUCH AS THE USDA COMMODITIES PROGRAM AND  DEPARTMENT  OF
DEFENSE FOOD PROGRAMS.
  2.  ON  OR BEFORE JULY FIRST, TWO THOUSAND THIRTEEN, THE COMMISSIONER,
IN COLLABORATION WITH THE DEPARTMENT OF HEALTH  AND  INCLUDING  BUT  NOT
LIMITED  TO,  AT  LEAST  ONE  REPRESENTATIVE  EACH  FROM THE SCHOOL FOOD
SERVICE  DIRECTORS;  SCHOOL  BOARDS;  SCHOOL  ADMINISTRATORS;  CERTIFIED
DIETICIANS/NUTRITIONISTS  OR  REGISTERED  DIETICIANS; COMPREHENSIVE CARE
CENTERS  FOR  EATING  DISORDERS,   ESTABLISHED   PURSUANT   TO   ARTICLE
TWENTY-SEVEN-J  OF  THE  PUBLIC  HEALTH  LAW;  AND THE PEDIATRIC MEDICAL
COMMUNITY SHALL ISSUE RECOMMENDATIONS FOR METHODS AND  THE  PRACTICALITY
OF  PROVIDING  STUDENTS  WITH  AGE APPROPRIATE INFORMATION REGARDING THE
NUTRITIONAL CONTENT OF SCHOOL MENU ITEMS.
  3. ON OR BEFORE JULY FIRST, TWO THOUSAND THIRTEEN,  THE  COMMISSIONER,
IN  COLLABORATION  WITH  THE  DEPARTMENT OF AGRICULTURE AND MARKETS, AND
INCLUDING BUT NOT LIMITED TO, AT LEAST ONE REPRESENTATIVE EACH FROM  THE
SCHOOL FOOD SERVICE DIRECTORS; SCHOOL BOARDS; SCHOOL ADMINISTRATORS; AND
THE  AGRICULTURAL  COMMUNITY,  SHALL ISSUE RECOMMENDATIONS ON INCREASING
OPPORTUNITIES FOR NEW YORK STATE FARMS AND FARMERS TO  COLLABORATE  WITH
SCHOOL DISTRICTS.
  4.  RECOMMENDATIONS  ISSUED  PURSUANT TO SUBDIVISIONS TWO AND THREE OF
THIS SECTION SHALL BE ISSUED IN A REPORT  TO  THE  LEGISLATURE  AND  THE
GOVERNOR  ON OR BEFORE JULY FIRST, TWO THOUSAND THIRTEEN. COPIES OF SUCH
REPORT SHALL BE MADE AVAILABLE TO SCHOOL DISTRICTS.
  5. BEGINNING WITH THE TWO  THOUSAND  THIRTEEN--TWO  THOUSAND  FOURTEEN
SCHOOL YEAR, AND EACH YEAR THEREAFTER, SCHOOL DISTRICTS SHALL RECEIVE AN
ADDITIONAL FIFTEEN CENTS (ABOVE THE AMOUNT PROVIDED FOR THE TWO THOUSAND
ELEVEN--TWO  THOUSAND  TWELVE  SCHOOL YEAR), PER THE NUMBER OF FEDERALLY
REIMBURSABLE BREAKFASTS AND LUNCHES SERVED IN THE PRIOR FISCAL  YEAR  TO

S. 1587                             3

STUDENTS,  IN  ACCORDANCE WITH AN ACT OF CONGRESS ENTITLED THE "NATIONAL
SCHOOL LUNCH ACT", P.L. 79-396, AS AMENDED, OR  THE  PROVISIONS  OF  THE
"CHILD NUTRITION ACT OF 1996", P.L. 89-642, AS AMENDED.
  6.  IF  AT THE COMMENCEMENT OF THE TWO THOUSAND THIRTEEN--TWO THOUSAND
FOURTEEN SCHOOL YEAR, A SCHOOL DISTRICT HAS AN EXISTING CONTRACT WITH  A
COMPANY  TO  PROVIDE  VENDING  OR OTHER FOOD AND BEVERAGE SERVICES WHICH
WOULD BE BREACHED BY COMPLIANCE WITH THE REGULATIONS ESTABLISHED  PURSU-
ANT  TO  THIS SECTION, SUCH STANDARDS THAT AFFECT SUCH CONTRACT SHALL BE
APPLICABLE TO THE SCHOOL DISTRICT ON THE DAY FOLLOWING THE  END  OF  THE
CURRENT  TERM  OF  SUCH CONTRACT OR ON THE DATE ON WHICH THE CONTRACT IS
TERMINATED, WHICHEVER IS EARLIER. SUCH  STANDARDS  SHALL  APPLY  TO  ALL
CONTRACTS  THAT  ARE ISSUED, RENEWED, MODIFIED, ALTERED OR AMENDED AFTER
THE START OF THE TWO THOUSAND  THIRTEEN--TWO  THOUSAND  FOURTEEN  SCHOOL
YEAR.
  S  3.  The  education  law is amended by adding a new section 918-a to
read as follows:
  S 918-A. LOCAL SCHOOL WELLNESS POLICIES. 1. ON OR BEFORE  JULY  FIRST,
TWO  THOUSAND  TWELVE, EACH SCHOOL DISTRICT, NON-PUBLIC SCHOOL, BOARD OF
COOPERATIVE EDUCATIONAL SERVICES AND CHARTER SCHOOL THAT PARTICIPATES IN
ANY PROGRAM AUTHORIZED BY THE RICHARD B. RUSSELL NATIONAL  SCHOOL  LUNCH
ACT OR THE CHILD NUTRITION ACT OF 1966, COLLECTIVELY REFERRED TO IN THIS
SECTION  AS  "SCHOOL  DISTRICTS",  SHALL  BEGIN A REVIEW OF THEIR SCHOOL
WELLNESS POLICIES TO DETERMINE THE EFFECTIVENESS AND  ADEQUACY  OF  SUCH
POLICY.  IN  THE COURSE OF SUCH REVIEW, 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,  CERTIFIED  DIETICIANS/NUTRITIONISTS  OR
REGISTERED DIETICIANS IF AVAILABLE, PHYSICAL EDUCATION STAFF, AND TEACH-
ERS;
  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;
  C. EVALUATE THE IMPLEMENTATION OF THE DISTRICT'S WELLNESS POLICY;
  D.  EVALUATE  PROGRESS IN ACHIEVING GOALS FOR NUTRITION EDUCATION, AND
OTHER SCHOOL BASED ACTIVITIES THAT ARE DESIGNED TO PROMOTE STUDENT WELL-
NESS;
  E. CONSIDER RECOMMENDATIONS FOR HEALTHY FUNDRAISING ACTIVITIES, CLASS-
ROOM EVENTS AND CELEBRATIONS;
  F. (I) EVALUATE THE ROLE OF HEALTH EDUCATION AS PART OF THE CURRICULUM
TO PROVIDE KNOWLEDGE AND TEACH SKILLS TO HELP STUDENTS ADOPT  AND  MAIN-
TAIN  LIFELONG,  HEALTHY EATING PATTERNS IN BALANCE WITH PHYSICAL ACTIV-
ITY; AND
  (II) EVALUATE THE RELATIONSHIP BETWEEN THE RELEVANT COMPONENTS OF  THE
DISTRICT  CURRICULUM  AND  WELLNESS POLICY, INCLUDING BUT NOT LIMITED TO
HEALTH EDUCATION AND PHYSICAL EDUCATION; AND
  G. EVALUATE OPPORTUNITIES FOR INCREASED PHYSICAL ACTIVITY  DURING  THE
DAY.
  2.  THE  REVIEW OF THE DISTRICT WELLNESS POLICY SHALL INCLUDE AT LEAST
ONE PUBLIC MEETING TO ALLOW FOR MAXIMUM  PARTICIPATION  BY  THE  PUBLIC.
SUCH  PUBLIC  MEETING  MAY  TAKE  PLACE AS PART OF A REGULARLY SCHEDULED
BOARD MEETING.
  3. A. THE INITIAL  REVIEW  OF  DISTRICT  WELLNESS  POLICIES  SHALL  BE
COMPLETED  BY  JULY FIRST, TWO THOUSAND THIRTEEN. FOLLOWING SUCH INITIAL
REVIEW, EACH DISTRICT SHALL COMMENCE A SUBSEQUENT REVIEW OF THEIR  WELL-

S. 1587                             4

NESS POLICY, AT A MINIMUM, ONCE EVERY FIVE YEARS, IN ACCORDANCE WITH THE
PROVISIONS OF SUBDIVISION ONE OF THIS SECTION.
  B.  CHANGES TO DISTRICT WELLNESS POLICIES AS A RESULT OF THESE REGULAR
REVIEWS SHALL BE ADOPTED BY THE BOARD AND MADE AVAILABLE TO  THE  PUBLIC
IN A MANNER TO BE DETERMINED BY THE LOCAL BOARD.
  4.  EACH SCHOOL DISTRICT SHALL MAKE THE CURRENT WELLNESS POLICY OF THE
DISTRICT AVAILABLE TO THE DEPARTMENT UPON REQUEST.
  S 4. Subdivision 1 of section 2854 of the education law is amended  by
adding a new paragraph (g) to read as follows:
  (G)  A  CHARTER  SCHOOL SHALL BE SUBJECT TO THE PROVISIONS OF SECTIONS
NINE HUNDRED FIFTEEN-A AND NINE HUNDRED EIGHTEEN-A OF THIS CHAPTER.
  S 5. This act shall take effect immediately.

Co-Sponsors

S1587A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A4363A
Current Committee:
Law Section:
Education Law
Laws Affected:
Add §§915-a & 918-a, amd §2854, Ed L
Versions Introduced in 2009-2010 Legislative Session:
S5785A, A11027

S1587A (ACTIVE) - Bill Texts

view summary

Provides for the development and implementation of statewide school nutrition standards for food and beverages that are sold to students and for the review of school wellness policies.

view sponsor memo
BILL NUMBER:S1587A

TITLE OF BILL:
An act
to amend the education law, in relation to the development and
implementation of statewide school nutrition standards for food and
beverages that are sold to students and the review of school wellness
policies

PURPOSE:
This bill would provide for the development of statewide nutrition
standards for food and beverages sold to students exclusive of those
provided through the federal school meal programs.

SUMMARY OF PROVISIONS:
Section one sets forth the name of the act, which shall be known as
"The School Nutrition Act of 2012."

Section two adds a new section 915-a to the education law, which
directs the Commissioner to develop statewide school nutrition
standards for food and beverages sold exclusive of those provided
through federal school meal programs, in consultation with the
Department of Health, the Department of Agriculture and Markets, the
Office of General Services and a variety of stakeholders. It further
provides that the Board of Regents shall promulgate regulations based
on the recommendations of the Commissioner subsequent to consultation
with said parties, by June 30, 2014.

The section further states that such regulations shall apply to school
meals (exclusive of those served through federal school meals
programs), entrees, snacks and beverages sold, served or offered on
schools grounds, with an exception for foods and beverages sold,
served or offered at after school activities attended by both parents
and students; or foods and beverages sold for the purpose of student
fundraising, after the last scheduled meal period of the day, from
sources other than cafeterias and vending.

The section also directs the Commissioner to issue recommendations to
the Legislature and the Governor in the form of a report, regarding
methods of providing students with age appropriate nutritional
information, and methods for increasing opportunities for New York
State farmers to collaborate with school districts.

The section further provides for an appropriation of an additional 15
cents for each federally reimbursable meal served by the school
district, beginning with the 2014-2015 school year.

This section further provides that districts shall be exempt from the
standards if compliance would require them to violate existing
contracts. The standards will apply to contracts issued, altered or
amended after the start of the 2014-15 school year.

Section three adds a new section 918-a to the education law requiring
school districts to review their school wellness policy during the
2014-2015 school year to evaluate the progress made towards nutrition
education; health education; physical education; and healthy


fundraising activities. It further provides that this review shall
take place at least once every five years, with community involvement.
Section four amends section 2854 of the education law by adding a new
paragraph g, to include charter schools who participate in the
federally reimbursable meal programs and therefore receive state and
federal funding for those programs under the provisions of this act.

EXISTING LAW:
Section 915 of the Education Law prohibits the sale of certain
sweetened foods, including, but not limited to, soda, chewing gum and
candy, from the beginning of the school day until the end of the last
scheduled meal period. Federally reimbursable meals must meet
specific standards set by the USDA.

JUSTIFICATION:
For the first time in American history, the life expectancy of
children born in recent years, is estimated to be shorter than that
of their parents, due to complications from obesity. The epidemic of
obesity in the United States has contributed to the skyrocketing cost
of health care, and has limited our children's prospects for a long
and healthy life. While most students receive fewer than a third of
their meals at school, school districts have the opportunity to be a
partner with their communities and with parents, in supporting a
healthier lifestyle for our children by modeling healthier food
choices in schools.

However, while the problems associated with obesity cannot be
overlooked, it is important to recognize that most students receive
few of their overall meals at school. Furthermore, far too many
students depend on those few meals as one of their main sources of
food. That is why it is vitally important that all stakeholders,
especially those responsible for running the reimbursable meal
programs, be involved in the crafting of any requirements placed on
these programs. That is the best way to insure that these vital
programs remain intact, and serving the students who need them most.

Many people do not realize that almost all the school meal programs in
the state are fiscally self sufficient, receiving no financial
support from the school district general fund. Therefore the fees
charged for non reimbursable meals and a la carte items must be
adequate to cover all of their costs for food, facilities and labor.
All of this must be accomplished while maintaining low enough prices
to encourage students (and their parents) to buy meals through the
program. For that reason, a significant increase in the state
reimbursement must also be a part of any new standards associated
with these programs. Expecting schools to serve more nutritious foods
is unreasonable without providing additional funding from the State.
An additional 15 cents per reimbursable meal
will provide needed revenue for school food service programs to
purchase fresh and healthy ingredients.

LEGISLATIVE HISTORY:
S.5785-A/A.11027 of 2009-2010
01/10/11 REFERRED TO EDUCATION
01/04/12 REFERRED TO EDUCATION

FISCAL IMPLICATIONS:


Based on data provided by the State Education Department, the
estimated cost to the state of providing an additional 15 cents per
federally reimbursable meals is approximately $60 million in the
first year.
However, the first year that such payment would be due is the 2013-14
school year, and this estimate is based in the number of meals served
in the 2007-08 school year. The actual cost would be based on the
number of meals served in the 2014-15 school year.

EFFECTIVE DATE:
This act shall take place immediately.

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

                                 1587--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 10, 2011
                               ___________

Introduced  by  Sens.  OPPENHEIMER, MONTGOMERY -- read twice and ordered
  printed, and when printed to be committed to the Committee  on  Educa-
  tion  --  recommitted to the Committee on Education in accordance with
  Senate Rule 6, sec. 8 -- committee discharged, bill  amended,  ordered
  reprinted as amended and recommitted to said committee

AN  ACT  to  amend the education law, in relation to the development and
  implementation of statewide school nutrition standards  for  food  and
  beverages  that are sold to students and the review of school wellness
  policies

  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 school nutrition act of 2012".
  S 2. The education law is amended by adding a  new  section  915-a  to
read as follows:
  S  915-A. FOOD AND BEVERAGE NUTRITION STANDARDS. 1. A. THE COMMISSION-
ER, IN CONSULTATION WITH THE DEPARTMENT OF  HEALTH,  THE  DEPARTMENT  OF
AGRICULTURE  AND  MARKETS, THE OFFICE OF GENERAL SERVICES AND WITH INPUT
FROM, INCLUDING BUT NOT LIMITED TO, AT  LEAST  ONE  REPRESENTATIVE  EACH
FROM  THE  SCHOOL FOOD SERVICE DIRECTORS; SCHOOL BOARDS; SCHOOL ADMINIS-
TRATORS; CERTIFIED DIETICIANS/NUTRITIONISTS  OR  REGISTERED  DIETICIANS;
THE PEDIATRIC MEDICAL COMMUNITY; THE PUBLIC HEALTH COMMUNITY; COMPREHEN-
SIVE  CARE CENTERS FOR EATING DISORDERS, ESTABLISHED PURSUANT TO ARTICLE
TWENTY-SEVEN-J OF THE PUBLIC HEALTH LAW; AND THE AGRICULTURAL COMMUNITY,
SHALL DEVELOP BY DECEMBER THIRTY-FIRST, TWO THOUSAND THIRTEEN, STATEWIDE
SCHOOL NUTRITION STANDARDS FOR FOOD  AND  BEVERAGES  THAT  ARE  SOLD  TO
STUDENTS  EXCLUSIVE  OF  THOSE  PROVIDED THROUGH THE FEDERAL SCHOOL MEAL
PROGRAMS. THE COMMISSIONER SHALL SEEK TO ENSURE THAT SUCH INPUT  REPRES-
ENTS A BALANCED AND COMPREHENSIVE PERSPECTIVE.  SUCH NUTRITION STANDARDS
SHALL  BE  DEVELOPED  TO  PROMOTE A HEALTHFUL DIET TAKING INTO ACCOUNT A

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05306-02-2

S. 1587--A                          2

PREPONDERANCE OF THE NUTRITIONAL, SCIENTIFIC AND MEDICAL KNOWLEDGE WHICH
IS CURRENT AT THE TIME SUCH RECOMMENDATIONS ARE MADE.
  B.  NO  LATER THAN JUNE THIRTIETH, TWO THOUSAND FOURTEEN, THE BOARD OF
REGENTS SHALL PROMULGATE REGULATIONS BASED ON THE NUTRITIONAL  STANDARDS
RECOMMENDED  BY THE COMMISSIONER. SUCH REGULATIONS SHALL APPLY TO SCHOOL
MEALS, EXCLUSIVE OF  THOSE  PROVIDED  THROUGH  FEDERAL  OR  SCHOOL  MEAL
PROGRAMS, ENTREES, SNACKS AND BEVERAGES SOLD OR SERVED ON SCHOOL GROUNDS
IN  EACH SCHOOL DISTRICT, NON-PUBLIC SCHOOL, BOARD OF COOPERATIVE EDUCA-
TION AND CHARTER SCHOOL THAT PARTICIPATES IN A PROGRAM AUTHORIZED BY THE
RICHARD B. RUSSELL NATIONAL SCHOOL LUNCH ACT OR THE CHILD NUTRITION  ACT
OF 1966, COLLECTIVELY REFERRED TO IN THIS SECTION AS "SCHOOL DISTRICTS",
DURING  THE  SCHOOL  DAY  FROM ANY SOURCE INCLUDING, BUT NOT LIMITED TO,
SCHOOL CAFETERIAS, A LA CARTE LINES, SCHOOL STORES, OR VENDING MACHINES.
SUCH REGULATIONS SHALL BE APPLICABLE IN THE TWO  THOUSAND  THIRTEEN--TWO
THOUSAND FOURTEEN SCHOOL YEAR.
  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,  VENDING
MACHINES, AND SCHOOL STORES, (C) AFTER THE END  OF  THE  LAST  SCHEDULED
MEAL  PERIOD  OF THE SCHOOL DAY, AND (D) ONLY FOR THE PURPOSE OF RAISING
FUNDS TO SUPPORT SCHOOL ACTIVITIES.
  D. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THIS SECTION AND  REGU-
LATIONS PROMULGATED HEREUNDER SHALL NOT PROHIBIT NOR RESTRICT THE ACQUI-
SITION  AND  UTILIZATION  OF  ANY  FOOD ITEM AVAILABLE THROUGH FEDERALLY
FUNDED PROGRAMS SUCH AS THE USDA COMMODITIES PROGRAM AND  DEPARTMENT  OF
DEFENSE FOOD PROGRAMS.
  2.  ON  OR BEFORE JULY FIRST, TWO THOUSAND FOURTEEN, THE COMMISSIONER,
IN COLLABORATION WITH THE DEPARTMENT OF HEALTH  AND  INCLUDING  BUT  NOT
LIMITED  TO,  AT  LEAST  ONE  REPRESENTATIVE  EACH  FROM THE SCHOOL FOOD
SERVICE  DIRECTORS;  SCHOOL  BOARDS;  SCHOOL  ADMINISTRATORS;  CERTIFIED
DIETICIANS/NUTRITIONISTS  OR  REGISTERED  DIETICIANS; COMPREHENSIVE CARE
CENTERS  FOR  EATING  DISORDERS,   ESTABLISHED   PURSUANT   TO   ARTICLE
TWENTY-SEVEN-J  OF  THE  PUBLIC  HEALTH  LAW;  AND THE PEDIATRIC MEDICAL
COMMUNITY SHALL ISSUE RECOMMENDATIONS FOR METHODS AND  THE  PRACTICALITY
OF  PROVIDING  STUDENTS  WITH  AGE APPROPRIATE INFORMATION REGARDING THE
NUTRITIONAL CONTENT OF SCHOOL MENU ITEMS.
  3. ON OR BEFORE JULY FIRST, TWO THOUSAND FOURTEEN,  THE  COMMISSIONER,
IN  COLLABORATION  WITH  THE  DEPARTMENT OF AGRICULTURE AND MARKETS, AND
INCLUDING BUT NOT LIMITED TO, AT LEAST ONE REPRESENTATIVE EACH FROM  THE
SCHOOL FOOD SERVICE DIRECTORS; SCHOOL BOARDS; SCHOOL ADMINISTRATORS; AND
THE  AGRICULTURAL  COMMUNITY,  SHALL ISSUE RECOMMENDATIONS ON INCREASING
OPPORTUNITIES FOR NEW YORK STATE FARMS AND FARMERS TO  COLLABORATE  WITH
SCHOOL DISTRICTS.
  4.  RECOMMENDATIONS  ISSUED  PURSUANT TO SUBDIVISIONS TWO AND THREE OF
THIS SECTION SHALL BE ISSUED IN A REPORT  TO  THE  LEGISLATURE  AND  THE
GOVERNOR  ON OR BEFORE JULY FIRST, TWO THOUSAND FOURTEEN. COPIES OF SUCH
REPORT SHALL BE MADE AVAILABLE TO SCHOOL DISTRICTS.
  5. BEGINNING WITH THE  TWO  THOUSAND  FOURTEEN--TWO  THOUSAND  FIFTEEN
SCHOOL YEAR, AND EACH YEAR THEREAFTER, SCHOOL DISTRICTS SHALL RECEIVE AN
ADDITIONAL FIFTEEN CENTS (ABOVE THE AMOUNT PROVIDED FOR THE TWO THOUSAND

S. 1587--A                          3

TWELVE--TWO  THOUSAND THIRTEEN SCHOOL YEAR), PER THE NUMBER OF FEDERALLY
REIMBURSABLE BREAKFASTS AND LUNCHES SERVED IN THE PRIOR FISCAL  YEAR  TO
STUDENTS,  IN  ACCORDANCE WITH AN ACT OF CONGRESS ENTITLED THE "NATIONAL
SCHOOL  LUNCH  ACT",  P.L.  79-396, AS AMENDED, OR THE PROVISIONS OF THE
"CHILD NUTRITION ACT OF 1996", P.L. 89-642, AS AMENDED.
  6. IF AT THE COMMENCEMENT OF THE TWO THOUSAND  FOURTEEN--TWO  THOUSAND
FIFTEEN  SCHOOL  YEAR, A SCHOOL DISTRICT HAS AN EXISTING CONTRACT WITH A
COMPANY TO PROVIDE VENDING OR OTHER FOOD  AND  BEVERAGE  SERVICES  WHICH
WOULD  BE BREACHED BY COMPLIANCE WITH THE REGULATIONS ESTABLISHED PURSU-
ANT TO THIS SECTION, SUCH STANDARDS THAT AFFECT SUCH CONTRACT  SHALL  BE
APPLICABLE  TO  THE  SCHOOL DISTRICT ON THE DAY FOLLOWING THE END OF THE
CURRENT TERM OF SUCH CONTRACT OR ON THE DATE ON WHICH  THE  CONTRACT  IS
TERMINATED,  WHICHEVER  IS  EARLIER.  SUCH  STANDARDS SHALL APPLY TO ALL
CONTRACTS THAT ARE ISSUED, RENEWED, MODIFIED, ALTERED OR  AMENDED  AFTER
THE  START  OF  THE  TWO  THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN SCHOOL
YEAR.
  S 3. The education law is amended by adding a  new  section  918-a  to
read as follows:
  S  918-A.  LOCAL SCHOOL WELLNESS POLICIES. 1. ON OR BEFORE JULY FIRST,
TWO THOUSAND THIRTEEN, EACH SCHOOL DISTRICT, NON-PUBLIC SCHOOL, BOARD OF
COOPERATIVE EDUCATIONAL SERVICES AND CHARTER SCHOOL THAT PARTICIPATES IN
ANY PROGRAM AUTHORIZED BY THE RICHARD B. RUSSELL NATIONAL  SCHOOL  LUNCH
ACT OR THE CHILD NUTRITION ACT OF 1966, COLLECTIVELY REFERRED TO IN THIS
SECTION  AS  "SCHOOL  DISTRICTS",  SHALL  BEGIN A REVIEW OF THEIR SCHOOL
WELLNESS POLICIES TO DETERMINE THE EFFECTIVENESS AND  ADEQUACY  OF  SUCH
POLICY.  IN  THE COURSE OF SUCH REVIEW, 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,  CERTIFIED  DIETICIANS/NUTRITIONISTS  OR
REGISTERED DIETICIANS IF AVAILABLE, PHYSICAL EDUCATION STAFF, AND TEACH-
ERS;
  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;
  C. EVALUATE THE IMPLEMENTATION OF THE DISTRICT'S WELLNESS POLICY;
  D.  EVALUATE  PROGRESS IN ACHIEVING GOALS FOR NUTRITION EDUCATION, AND
OTHER SCHOOL BASED ACTIVITIES THAT ARE DESIGNED TO PROMOTE STUDENT WELL-
NESS;
  E. CONSIDER RECOMMENDATIONS FOR HEALTHY FUNDRAISING ACTIVITIES, CLASS-
ROOM EVENTS AND CELEBRATIONS;
  F. (I) EVALUATE THE ROLE OF HEALTH EDUCATION AS PART OF THE CURRICULUM
TO PROVIDE KNOWLEDGE AND TEACH SKILLS TO HELP STUDENTS ADOPT  AND  MAIN-
TAIN  LIFELONG,  HEALTHY EATING PATTERNS IN BALANCE WITH PHYSICAL ACTIV-
ITY; AND
  (II) EVALUATE THE RELATIONSHIP BETWEEN THE RELEVANT COMPONENTS OF  THE
DISTRICT  CURRICULUM  AND  WELLNESS POLICY, INCLUDING BUT NOT LIMITED TO
HEALTH EDUCATION AND PHYSICAL EDUCATION; AND
  G. EVALUATE OPPORTUNITIES FOR INCREASED PHYSICAL ACTIVITY  DURING  THE
DAY.
  2.  THE  REVIEW OF THE DISTRICT WELLNESS POLICY SHALL INCLUDE AT LEAST
ONE PUBLIC MEETING TO ALLOW FOR MAXIMUM  PARTICIPATION  BY  THE  PUBLIC.
SUCH  PUBLIC  MEETING  MAY  TAKE  PLACE AS PART OF A REGULARLY SCHEDULED
BOARD MEETING.
  3. A. THE INITIAL  REVIEW  OF  DISTRICT  WELLNESS  POLICIES  SHALL  BE
COMPLETED  BY  JULY FIRST, TWO THOUSAND FOURTEEN. FOLLOWING SUCH INITIAL

S. 1587--A                          4

REVIEW, EACH DISTRICT SHALL COMMENCE A SUBSEQUENT REVIEW OF THEIR  WELL-
NESS POLICY, AT A MINIMUM, ONCE EVERY FIVE YEARS, IN ACCORDANCE WITH THE
PROVISIONS OF SUBDIVISION ONE OF THIS SECTION.
  B.  CHANGES TO DISTRICT WELLNESS POLICIES AS A RESULT OF THESE REGULAR
REVIEWS SHALL BE ADOPTED BY THE BOARD AND MADE AVAILABLE TO  THE  PUBLIC
IN A MANNER TO BE DETERMINED BY THE LOCAL BOARD.
  4.  EACH SCHOOL DISTRICT SHALL MAKE THE CURRENT WELLNESS POLICY OF THE
DISTRICT AVAILABLE TO THE DEPARTMENT UPON REQUEST.
  S 4. Subdivision 1 of section 2854 of the education law is amended  by
adding a new paragraph (g) to read as follows:
  (G)  A  CHARTER  SCHOOL SHALL BE SUBJECT TO THE PROVISIONS OF SECTIONS
NINE HUNDRED FIFTEEN-A AND NINE HUNDRED EIGHTEEN-A OF THIS CHAPTER.
  S 5. This act shall take effect immediately.

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