Assembly Bill A4540

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

                                  4540

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 3, 2015
                               ___________

Introduced  by M. of A. CLARK -- read once and referred to the Committee
  on Education

AN ACT to amend the education law, in relation to establishing nutrition
  standards for competitive foods and  beverages  sold  or  provided  in
  public schools

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

  Section 1. The education law is amended by adding a new section  915-a
to read as follows:
  S 915-A. COMPETITIVE FOOD AND BEVERAGE NUTRITION STANDARDS. 1. FOR THE
PURPOSES  OF  THIS  SECTION,  THE  FOLLOWING  TERMS  SHALL BE DEFINED AS
FOLLOWS:
  A. "A LA CARTE ENTREE" SHALL MEAN A  SINGLE  FOOD  OR  COMBINATION  OF
FOODS  OFFERED  AS A MAIN COURSE OR CENTRAL FOCUS OF A MEAL, GENERALLY A
PROTEIN SOURCE.
  B. "COMPETITIVE FOODS" SHALL MEAN FOODS AND BEVERAGES PROVIDED IN:
  (I) SCHOOL CAFETERIAS OFFERED AS A LA CARTE ITEMS;
  (II) SCHOOL BUILDINGS, INCLUDING CLASSROOMS AND HALLWAYS;
  (III) SCHOOL STORES;
  (IV) SCHOOL SNACK BARS;
  (V) VENDING MACHINES;
  (VI) CONCESSION STANDS;
  (VII) BOOSTER SALES;
  (VIII) FUNDRAISING ACTIVITIES;
  (IX) SCHOOL-SPONSORED OR SCHOOL-RELATED EVENTS; AND
  (X) ANY OTHER LOCATION ON SCHOOL PROPERTY.
  C. "FRESH" SHALL MEAN FRESH, FROZEN, DRIED  OR  CANNED  WITHOUT  ADDED
SUGAR, FAT, OR SODIUM.
  D. "ITEM" SHALL MEAN ONE SERVING OF A PRODUCT.
  E. "NUTRITION STANDARDS" SHALL MEAN THE MINIMUM STANDARDS FOR BEVERAGE
AND FOOD NUTRITION ESTABLISHED IN THIS SECTION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08691-01-5
              

A. 4540                             2

  F.  "PUBLIC  SCHOOL"  SHALL MEAN AN ELEMENTARY, MIDDLE, HIGH, CHARTER,
INNOVATION OR COMPARABLE SCHOOL OPERATED BY A PUBLIC SCHOOL DISTRICT.
  G.  "SCHOOL  DAY"  SHALL  MEAN THE HOURS OF THE DAY THAT STUDENTS MUST
ATTEND SCHOOL.
  2. ALL COMPETITIVE FOODS AND BEVERAGES  SOLD  OR  PROVIDED  IN  PUBLIC
SCHOOLS  SHALL  COMPLY  WITH  THE  NUTRITION  STANDARDS OF THIS SECTION;
PROVIDED, HOWEVER, THAT UNLESS OTHERWISE DETERMINED BY THE PUBLIC SCHOOL
DISTRICT, THIS SECTION SHALL NOT APPLY TO COMPETITIVE FOODS AND BEVERAG-
ES SOLD ON SCHOOL GROUNDS UP TO THIRTY MINUTES BEFORE THE  BEGINNING  OF
THE SCHOOL DAY OR THIRTY MINUTES AFTER THE END OF THE SCHOOL DAY.
  3.  WHEN  APPLYING  THE  NUTRITION STANDARDS OF THIS SECTION, THE FOOD
PRODUCT SHOULD BE ANALYZED AS A WHOLE, NOT BY THE INDIVIDUAL INGREDIENTS
THAT MAKE UP THE PRODUCT.
  4. A PACKAGED ITEM SHALL CONTAIN NO MORE THAN ONE SERVING PER PACKAGE.
  5. PUBLIC SCHOOLS SHALL, IN ACCORDANCE WITH APPLICABLE  GUIDELINES  OF
THE DEPARTMENT:
  A.  MAKE READILY AVAILABLE PLAIN, POTABLE WATER TO ALL STUDENTS DURING
THE DAY, AT NO COST TO THE STUDENTS;
  B. OFFER FOR SALE FRESH FRUIT AND NON-FRIED VEGETABLES AT ANY LOCATION
WHERE FOOD IS SOLD, BUT NOT INCLUDING NON-REFRIGERATED VENDING  MACHINES
AND VENDING MACHINES DISPENSING ONLY BEVERAGES;
  C.  MAKE NUTRITION INFORMATION AVAILABLE FOR STUDENTS FOR NON-PREPACK-
AGED COMPETITIVE FOODS AND BEVERAGES, WITH THE EXCEPTION OF THE SALE  OR
PROVISION  OF  FRESH  FRUITS OR FRESH VEGETABLES, AND FOODS OR BEVERAGES
SOLD DURING THE SCHOOL DAY AT BOOSTER SALES, CONCESSION STANDS AND OTHER
SCHOOL-SPONSORED OR SCHOOL-RELATED FUNDRAISERS AND EVENTS;
  D. PROHIBIT THE USE OF FRYOLATORS IN THE  PREPARATION  OF  COMPETITIVE
FOODS; AND
  E.  ENSURE  THAT  FOOD PREPARATION AND ALL FOODS AND BEVERAGES SOLD OR
PROVIDED TO STUDENTS MEET ALL APPLICABLE STATE AND FEDERAL  FOOD  SAFETY
REQUIREMENTS.
  6. SNACKS SOLD OR PROVIDED IN ANY PUBLIC SCHOOL SHALL MEET THE FOLLOW-
ING STANDARDS:
  A.  NOT  MORE  THAN THIRTY-FIVE PERCENT OF ITS TOTAL CALORIES SHALL BE
FROM FAT;
  B. NOT MORE THAN TEN PERCENT OF ITS TOTAL CALORIES SHALL BE FROM SATU-
RATED FAT EXCEPT FOR PACKAGED DAIRY FOOD ITEMS OR NUTS; AND
  C. NOT MORE THAN THIRTY-FIVE PERCENT OF ITS TOTAL  CALORIES  SHALL  BE
FROM SUGARS.
  7.  NO  BEVERAGES  OTHER  THAN ONE HUNDRED PERCENT FRUIT AND VEGETABLE
JUICE WITH NO ADDED SUGAR, MILK, MILK SUBSTITUTES  AND  WATER  SHALL  BE
SOLD OR PROVIDED IN ANY PUBLIC SCHOOL.
  S 2. This act shall take effect immediately; provided however that the
department  of  education shall develop nutritional standards within one
year after this act shall have become a law and the  nutritional  stand-
ards  shall be implemented in public schools within two years after this
act shall have become a law.