Revision: Jan. 21, 2010, midnight
SB 177-FN – AS INTRODUCED
2005 SESSION
04/09
SENATE BILL 177-FN
AN ACT prohibiting the sale of certain food and drinks in public school cafeterias.
SPONSORS: Sen. Foster, Dist 13; Sen. Larsen, Dist 15; Rep. French, Merr 5; Rep. Rosenwald, Hills 22
COMMITTEE: Health and Human Services
This bill prohibits the sale of certain food and drinks in public school cafeterias.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
05-0587
04/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Five
AN ACT prohibiting the sale of certain food and drinks in public school cafeterias.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 School Boards, Teachers; Food and Nutrition Programs. RSA 189:11-a is repealed and reenacted to read as follows:
189:11-a Food and Nutrition Programs.
I. Each school board shall make a meal available during school hours to every pupil under its jurisdiction. Such meals shall be served without cost or at a reduced cost to any needy child who is unable to pay the full cost of said meals. The state board of education shall insure compliance with this section and shall establish minimum nutritional standards for such meals in accordance with this section and shall further establish income guidelines setting forth the minimum family size annual income levels to be used in determining eligibility for free and reduced price meals. Nothing in this section shall prohibit the operation of both a breakfast and lunch program in the same school. Any requirement of this section which conflicts with any federal statute or regulation may be waived by the state board of education.
II.(a) At each elementary, middle, junior high, or high school, the sale of all foods on school grounds shall be approved for compliance with the nutrition standards in this section by the person or persons responsible for implementing these provisions as designated by the school district.
(b)(1) At each elementary, middle, junior high, or high school, the only food that may be sold to a pupil during breakfast and lunch periods is food that is sold as a full meal. This paragraph does not prohibit the sale of fruit, nonfried vegetables, legumes, beverages, dairy products, or grain products as individual food items if they meet the requirements set forth in this section.
(2) An individual food item sold to a pupil during morning or afternoon breaks at an elementary, middle, junior high, or high school shall meet all of the following standards:
(A) Not more than 35 percent of its total calories shall be from fat. This subparagraph does not apply to the sale of nuts or seeds.
(B) Not more than 10 percent of its total calories shall be from saturated fat.
(C) Not more than 35 percent of its total weight shall be composed of sugar. This subparagraph does not apply to the sale of fruits or vegetables.
(c) An elementary, middle, junior high, or high school may permit the sale of food items that do not comply with subparagraphs (a) or (b) as part of a school fundraising event in any of the following circumstances:
(1) The items are sold by pupils of the school and the sale of those items takes place off of school premises.
(2) The items are sold by pupils of the school and the sale of those items takes place at least 1/2 hour after the end of the school day.
(d) Beginning July 1, 2005, regardless of the time of day, beverages, other than water, milk, 100 percent fruit juices, or fruit-based drinks that are composed of no less than 50 percent fruit juice and have no added sweeteners, shall not be sold to a pupil at an elementary, middle, junior high, or high school. An elementary, middle, junior high, or high school may permit the sale of beverages that do not comply with this section as part of a school fundraising event in any of the following circumstances:
(1) The items are sold by pupils of the school and the sale of those items takes place off the premises of the school.
(2) The items are sold by pupils of the school and the sale of those items takes place ½ hour or more after the end of the school day.
(e) Beginning July 1, 2005, from ½ hour before the start of the school day to ½ hour after the end of the school day, only the following beverages may be sold to a pupil at a middle or junior high school:
(1) Fruit-based drinks that are composed of no less than 50 percent fruit juice and have no added sweeteners.
(2) Drinking water.
(3) Milk, including, but not limited to, chocolate milk, soy milk, rice milk, and other similar dairy or nondairy milk.
(4) An electrolyte replacement beverage that contains no more than 42 grams of added sweetener per 20-ounce serving.
(f) A middle or junior high school may permit the sale of beverages that do not comply with this section as part of a school event if the sale of those items meets all of the following
criteria:
(1) The sale occurs during a school-sponsored event and takes place at the location of that event after the end of the school day.
(2) Vending machines, pupil stores, and cafeterias are not used no sooner than ½ hour after the end of the school day.
(g) This section shall not prohibit an elementary, middle, junior high, or high school from making available through a vending machine any beverage allowed under subparagraphs (d)-(f) at any time of day, or, in middle and junior high schools, any product that does not comply with subparagraph (d) if the product only is available not later than ½ hour before the start of the school day and not sooner than ½ hour after the end of the school day.
(h) For the purposes of this section, “added sweetener” means any additive that enhances the sweetness of the beverage, including, but not limited to, added sugar, but does not include the natural sugar or sugars that are contained within the fruit juice which is a component of the beverage.
III. Notwithstanding the provisions of paragraph II, the requirements thereof may be waived as provided in this paragraph:
(a) The school board of any school may make application for a waiver to the state board.
(b) Requests for such waiver may be granted by the commissioner of education upon the receipt of such application and shall remain in force until the state board determines otherwise as provided in this paragraph.
(c) The state board is authorized and directed to study the schools which have been granted a waiver and to formulate a plan to implement the requirements of this section in such schools.
(d) The state board shall, after formulating such a plan, notify the school board granted such a waiver of the date when the waiver will terminate.
(e) After the termination of a waiver, a school board shall comply with the requirements of RSA 189:11-a, I.
(f) The state board may also grant a waiver to any school which is being phased out of use; however, such waiver may not exceed the period of one school year.
IV. In this section, “elementary,” “middle,” or “junior high school” shall be as defined in RSA 189:25, and “high school” shall be as defined in RSA 194:23.
V. The state board shall prepare and distribute a curriculum for nutrition education and such curriculum shall be integrated into the regular courses of instruction for kindergarten and grades one through 12 during the school year.
VI. The school board of each school district shall develop and adopt a policy recommending that all pupils participate in developmentally appropriate daily physical activity, exercise, or physical education as a way to minimize the health risks created by chronic inactivity, childhood obesity, and other related health problems.
VII. The state board of education shall adopt rules, pursuant to RSA 541-A, relative to a model physical activity policy, and shall distribute such policy to each public school in the state.
2 Effective Date. This act shall take effect 60 days after its passage.
LBAO
05-0587
1/27/05
SB 177-FN - FISCAL NOTE
AN ACT prohibiting the sale of certain food and drinks in public school cafeterias.
FISCAL IMPACT:
The Department of Education has determined this bill will increase state general fund expenditures and local expenditures by an indeterminable amount in FY 2006 and each year thereafter. There will be no fiscal impact on county expenditures or state, county, and local revenue.
METHODOLOGY:
The Department states this bill will further regulate the sale of food products in public schools. The Department states it will be required to establish technical assistance procedures for schools, establish a waiver process, collect data, provide state-wide training to food service employees, and monitor compliance. The Department states the cost to provide these services is indeterminable, but will include personnel time and related benefits, and other costs associated with providing training.
The Department further states this bill will require school district food service directors to monitor school compliance with regulations, establish a system for accepting food products, provide reports to school boards, and provide training to food service managers. The Department also states this bill will increase school district expenditures by an indeterminable amount, however, expenditures will include personnel time and the purchase of computer software.