NY State Senate Bill 2013-S3224A

Archive: Last Bill Status - In Senate Committee Health Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 10, 2014	print number 3224a
Feb 10, 2014	amend and recommit to health
Jan 08, 2014	referred to health
Jan 31, 2013	referred to health

Bill Amendments

Original

A (Active)

2013-S3224 - Details

Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §2599-c, Pub Health L; amd §915, Ed L; add §28, Ag & Mkts L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S7028
2011-2012: S3376

2013-S3224 - Summary

Enacts the "New York state healthy kids act"; provides that only healthy foods and beverages be served, during the school day, in all schools in the state; directs the board of regents and the commissioner of education to establish nutritional standards therefor.

2013-S3224 - Sponsor Memo

                                BILL NUMBER:S3224

TITLE OF BILL:  An act to amend the public health law, the education law
and  the agriculture and markets law, in relation to establishing nutri-
tional standards for certain foods and beverages sold in schools

SUMMARY OF PROVISIONS:

Section 1: The act shall be known and may be  cited  as  the  "New  York
State Healthy Kids Act".

Section  two  would amend the Public Law 2599-c by requiring the Commis-
sioner of Health, in consultation with the Commissioner of Education  as
well  as  the  Commissioner  of  Agriculture develop recommendations for
nutritional and dietary standards for food and beverages sold in  school
consistent  with  section nine hundred fifteen of the Education Law. The
recommendations shall be provided in  writing  to  the  Commissioner  of
Education  no  later than August thirty-first two thousand and thirteen,
and revised recommendations shall be provided as deemed necessary by the
Commissioner.

Section three would amend the Education  Law  915  to  define  the  term
"School  Meals"  as meals that meet the nutritional requirements of, and
are reimbursable under any program authorized by the Richard R.  Russell
National School Lunch Act of 1966.

Section four would amend the Agriculture and Markets law by adding a new
section 28 to require the commissioner to provide  consultation  to  the
commissioners  of  education  and  health  in  establishing and revising
nutritional and dietary standards for healthy school snacks, a la  carte
items and beverages.

Section  5:  Severability clause. Any court action is only applicable to
that particular part of the law and not to the law entirely.

Section 6: The act shall take effect immediately.

JUSTIFICATION:  Nearly half of all New York City elementary  schoolchil-
dren  are not at a healthy weight. Obesity can begin very early in life.
In fact, in New York City, 1 in 5 kindergarten children is obese.

The New York State Department of Health estimates that one in  four  New
Yorkers  under the age of 18, or approximately 1.1 million young people,
is obese. This childhood obesity crisis, in turn, is  fueling  a  health
care cost crisis, with an estimated annual $242 million in medical costs
attributed to these children.

*  Tommy  Thompson,  former  secretary  of U.S. Department of Health and
Human Services, has stated that nearly 15%  of all children are obese or
overweight. Minorities are faring worse than the overall population.

* Poor nutrition, overweight and inactivity cause at least  1/3  of  all
cancers.

*  For  both  children  ages 2 to 5 and youth ages 12 to 19, the obesity
rate has nearly tripled during the last 30 years.

* Rena Wing, Ph.D., a professor of psychiatry at Brown  Medical  School,
the  co-developer  of  a  research  study  known  as the National Weight
Control Registry, reported that more than 70% of the  registries  weight
losers became overweight before the age of 18.

*  Excess  body  weight in children dramatically increases their risk of
developing heart disease in adulthood; obesity aggravates  hypertension,
which contributes to the #1 cause of death in the U.S. - heart disease.

* Obesity affects every organ system in a child's body, and it can do so
in  a  much  more profound way than in adults because children are still
growing and developing.

According to a 2008 report by the  New  York  State  comptroller  Thomas
DiNapoli,  children  eat  a  large portion of their daily food intake at
school. We must make certain that all children, especially  those  chil-
dren  prone  to obesity are eating healthy meals. Even if it is only one
meal a day, we can drastically change the outcome of  this  epidemic  by
creating nutritional standards and enforcing them accordingly.

LEGISLATIVE  HISTORY:    2011-12:  S.3376  -  Referred  to  Health 2010:
S.7028/A.8250A - Died in Education.

FISCAL IMPLICATIONS: Not applicable.

EFFECTIVE DATE:  This act shall take effect immediately.

2013-S3224 - Bill Text download pdf

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

                                  3224

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 31, 2013
                               ___________

Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Health

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
SWEETENERS IN FOODS AND BEVERAGES, AND MAKE SUCH RECOMMENDATIONS AS THEY

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06848-01-3

S. 3224                             2

DEEM APPROPRIATE. THE RECOMMENDATIONS SHALL BE PROVIDED  IN  WRITING  TO
THE  COMMISSIONER  OF  EDUCATION  NO LATER THAN AUGUST THIRTY-FIRST, TWO
THOUSAND THIRTEEN, 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.

S. 3224                             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  THIR-
TEEN  AND  SHALL BE EFFECTIVE ON AND AFTER SEPTEMBER FIRST, TWO THOUSAND
FOURTEEN.  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 THIRTEEN.
  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.

S. 3224                             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.

2013-S3224A (ACTIVE) - Details

Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §2599-c, Pub Health L; amd §915, Ed L; add §28, Ag & Mkts L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S7028
2011-2012: S3376

2013-S3224A (ACTIVE) - Summary

2013-S3224A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S3224A

TITLE OF BILL:  An act to amend the public health law, the education
law and the agriculture and markets law, in relation to establishing
nutritional standards for certain foods and beverages sold in schools

SUMMARY OF PROVISIONS:

Section 1: The act shall be known and may be cited as the "New York
State Healthy Kids Act".

Section two would amend the Public Law 2599-c by requiring the
Commissioner of Health, in consultation with the Commissioner of
Education as well as the Commissioner of Agriculture develop
recommendations for nutritional and dietary standards for food and
beverages sold in school consistent with section nine hundred fifteen
of the Education Law. The recommendations shall be provided in writing
to the Commissioner of Education no later than August thirty-first two
thousand and thirteen, and revised recommendations shall be provided
as deemed necessary by the Commissioner.

Section three would amend the Education Law 915 to define the term
"School Meals" as meals that meet the nutritional requirements of, and
are reimbursable under any program authorized by the Richard R.
Russell National School Lunch Act of 1966.

Section four would amend the Agriculture and Markets law by adding a
new section 28 to require the commissioner to provide consultation to
the commissioners of education and health in establishing and revising
nutritional and dietary standards for healthy school snacks, a la
carte items and beverages.

Section 5: Severability clause. Any court action is only applicable to
that particular part of the law and not to the law entirely.

Section 6: The act shall take effect immediately.

JUSTIFICATION:

Nearly half of all New York City elementary schoolchildren are not at
a healthy weight. Obesity can begin very early in life. In fact, in
New York City, 1 in 5 kindergarten children is obese.

The New York State Department of Health estimates that one in four New
Yorkers under the age of 18, or approximately 1.1 million young
people, is obese. This childhood obesity crisis, in turn, is fueling a
health care cost crisis, with an estimated annual $242 million in
medical costs attributed to these children.

*Tommy Thompson, former secretary of U.S. Department of Health and
Human Services, has stated that nearly 15% of all children are obese
or overweight. Minorities are faring worse than the overall
population.

*Poor nutrition, overweight and inactivity cause at least 1/3 of all
cancers.


*For both children ages 2 to 5 and youth ages 12 to 19, the obesity
rate has nearly tripled during the last 30 years.

* Rena Wing, Ph.D., a professor of psychiatry at Brown Medical School,
the co-developer of a research study known as the National Weight
Control Registry, reported that more than 70% of the registries weight
losers became overweight before the age of 18.

* Excess body weight in children dramatically increases their risk of
developing heart disease in adulthood; obesity aggravates
hypertension, which contributes to the ill cause of death in the U.S.
- heart disease.

*Obesity affects every organ system in a child's body, and it can do
so in a much more profound way than in adults because children are
still growing and developing.

According to a 2008 report by the New York State comptroller Thomas
DiNapoli, children eat a large portion of their daily food intake at
school. We must make certain that all children, especially those
children prone to obesity are eating healthy meals. Even if it is only
one meal a day, we can drastically change the outcome of this epidemic
by creating nutritional standards and enforcing them accordingly.

LEGISLATIVE HISTORY:

2011-12: S.3376 - Referred to Health
2010: S.7028/A.8250A - Died in Education.

FISCAL IMPLICATIONS:

Not applicable.

EFFECTIVE DATE:

This act shall take effect immediately.

2013-S3224A (ACTIVE) - Bill Text download pdf

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

                                 3224--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 31, 2013
                               ___________

Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Health --  recommitted  to
  the  Committee  on  Health 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 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06848-02-4

S. 3224--A                          2

SHALL REVIEW EXISTING SCIENCE AND EVIDENCE-BASED RESEARCH TO EXAMINE AND
EVALUATE THE USE OF FOOD COLORING,  CHEMICAL  ADDITIVES  AND  ARTIFICIAL
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  FOURTEEN,  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

S. 3224--A                          3

MADE AVAILABLE FOR PUBLIC COMMENT  AND  REVIEW  PURSUANT  TO  THE  STATE
ADMINISTRATIVE PROCEDURE ACT.
  (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  FOUR-
TEEN  AND  SHALL BE EFFECTIVE ON AND AFTER SEPTEMBER FIRST, TWO THOUSAND
FIFTEEN.  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 FOURTEEN.
  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

S. 3224--A                          4

SECTION NINE HUNDRED FIFTEEN OF THE EDUCATION LAW AND SUBDIVISION TWO OF
SECTION TWENTY-FIVE HUNDRED NINETY-NINE-C OF THE PUBLIC HEALTH LAW.
  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.

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Senate Bill S3224A

Sponsored By

Archive: Last Bill Status - In Senate Committee Health Committee

Bill Amendments

2013-S3224 - Details

2013-S3224 - Summary

2013-S3224 - Sponsor Memo

2013-S3224 - Bill Text download pdf

2013-S3224A (ACTIVE) - Details

2013-S3224A (ACTIVE) - Summary

2013-S3224A (ACTIVE) - Sponsor Memo

2013-S3224A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S3224A

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Sponsored By

Kevin S. Parker

Archive: Last Bill Status - In Senate Committee Health Committee

Bill Amendments

2013-S3224 - Details

2013-S3224 - Summary

2013-S3224 - Sponsor Memo

2013-S3224 - Bill Text download pdf

2013-S3224A (ACTIVE) - Details

2013-S3224A (ACTIVE) - Summary

2013-S3224A (ACTIVE) - Sponsor Memo

2013-S3224A (ACTIVE) - Bill Text download pdf

Comments