Bill Text: NY A10178 | 2013-2014 | General Assembly | Introduced

---

Bill Title: Relates to establishing nutrition standards for competitive foods and beverages sold or provided in public schools.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-08-20 - referred to education [A10178 Detail]

Download: New_York-2013-A10178-Introduced.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         10178
                                 I N  A S S E M B L Y
                                    August 20, 2014
                                      ___________
       Introduced  by  COMMITTEE  ON RULES -- (at request of 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:
    1    Section 1. The education law is amended by adding a new section  915-a
    2  to read as follows:
    3    S 915-A. COMPETITIVE FOOD AND BEVERAGE NUTRITION STANDARDS. 1. FOR THE
    4  PURPOSES  OF  THIS  SECTION,  THE  FOLLOWING  TERMS  SHALL BE DEFINED AS
    5  FOLLOWS:
    6    A. "A LA CARTE ENTREE" SHALL MEAN A  SINGLE  FOOD  OR  COMBINATION  OF
    7  FOODS  OFFERED  AS A MAIN COURSE OR CENTRAL FOCUS OF A MEAL, GENERALLY A
    8  PROTEIN SOURCE.
    9    B. "COMPETITIVE FOODS" SHALL MEAN FOODS AND BEVERAGES PROVIDED IN:
   10    (I) SCHOOL CAFETERIAS OFFERED AS A LA CARTE ITEMS;
   11    (II) SCHOOL BUILDINGS, INCLUDING CLASSROOMS AND HALLWAYS;
   12    (III) SCHOOL STORES;
   13    (IV) SCHOOL SNACK BARS;
   14    (V) VENDING MACHINES;
   15    (VI) CONCESSION STANDS;
   16    (VII) BOOSTER SALES;
   17    (VIII) FUNDRAISING ACTIVITIES;
   18    (IX) SCHOOL-SPONSORED OR SCHOOL-RELATED EVENTS; AND
   19    (X) ANY OTHER LOCATION ON SCHOOL PROPERTY.
   20    C. "FRESH" SHALL MEAN FRESH, FROZEN, DRIED  OR  CANNED  WITHOUT  ADDED
   21  SUGAR, FAT, OR SODIUM.
   22    D. "ITEM" SHALL MEAN ONE SERVING OF A PRODUCT.
   23    E. "NUTRITION STANDARDS" SHALL MEAN THE MINIMUM STANDARDS FOR BEVERAGE
   24  AND FOOD NUTRITION ESTABLISHED IN THIS SECTION.
   25    F.  "PUBLIC  SCHOOL"  SHALL MEAN AN ELEMENTARY, MIDDLE, HIGH, CHARTER,
   26  INNOVATION OR COMPARABLE SCHOOL OPERATED BY A PUBLIC SCHOOL DISTRICT.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD15671-01-4
       A. 10178                            2
    1    G. "SCHOOL DAY" SHALL MEAN THE HOURS OF THE  DAY  THAT  STUDENTS  MUST
    2  ATTEND SCHOOL.
    3    2.  ALL  COMPETITIVE  FOODS  AND  BEVERAGES SOLD OR PROVIDED IN PUBLIC
    4  SCHOOLS SHALL COMPLY WITH  THE  NUTRITION  STANDARDS  OF  THIS  SECTION;
    5  PROVIDED, HOWEVER, THAT UNLESS OTHERWISE DETERMINED BY THE PUBLIC SCHOOL
    6  DISTRICT, THIS SECTION SHALL NOT APPLY TO COMPETITIVE FOODS AND BEVERAG-
    7  ES  SOLD  ON SCHOOL GROUNDS UP TO THIRTY MINUTES BEFORE THE BEGINNING OF
    8  THE SCHOOL DAY OR THIRTY MINUTES AFTER THE END OF THE SCHOOL DAY.
    9    3. WHEN APPLYING THE NUTRITION STANDARDS OF  THIS  SECTION,  THE  FOOD
   10  PRODUCT SHOULD BE ANALYZED AS A WHOLE, NOT BY THE INDIVIDUAL INGREDIENTS
   11  THAT MAKE UP THE PRODUCT.
   12    4. A PACKAGED ITEM SHALL CONTAIN NO MORE THAN ONE SERVING PER PACKAGE.
   13    5.  PUBLIC  SCHOOLS SHALL, IN ACCORDANCE WITH APPLICABLE GUIDELINES OF
   14  THE DEPARTMENT:
   15    A. MAKE READILY AVAILABLE PLAIN, POTABLE WATER TO ALL STUDENTS  DURING
   16  THE DAY, AT NO COST TO THE STUDENTS;
   17    B. OFFER FOR SALE FRESH FRUIT AND NON-FRIED VEGETABLES AT ANY LOCATION
   18  WHERE  FOOD IS SOLD, BUT NOT INCLUDING NON-REFRIGERATED VENDING MACHINES
   19  AND VENDING MACHINES DISPENSING ONLY BEVERAGES;
   20    C. MAKE NUTRITION INFORMATION AVAILABLE FOR STUDENTS FOR  NON-PREPACK-
   21  AGED  COMPETITIVE FOODS AND BEVERAGES, WITH THE EXCEPTION OF THE SALE OR
   22  PROVISION OF FRESH FRUITS OR FRESH VEGETABLES, AND  FOODS  OR  BEVERAGES
   23  SOLD DURING THE SCHOOL DAY AT BOOSTER SALES, CONCESSION STANDS AND OTHER
   24  SCHOOL-SPONSORED OR SCHOOL-RELATED FUNDRAISERS AND EVENTS;
   25    D.  PROHIBIT  THE  USE OF FRYOLATORS IN THE PREPARATION OF COMPETITIVE
   26  FOODS; AND
   27    E. ENSURE THAT FOOD PREPARATION AND ALL FOODS AND  BEVERAGES  SOLD  OR
   28  PROVIDED  TO  STUDENTS MEET ALL APPLICABLE STATE AND FEDERAL FOOD SAFETY
   29  REQUIREMENTS.
   30    6. SNACKS SOLD OR PROVIDED IN ANY PUBLIC SCHOOL SHALL MEET THE FOLLOW-
   31  ING STANDARDS:
   32    A. NOT MORE THAN THIRTY-FIVE PERCENT OF ITS TOTAL  CALORIES  SHALL  BE
   33  FROM FAT;
   34    B. NOT MORE THAN TEN PERCENT OF ITS TOTAL CALORIES SHALL BE FROM SATU-
   35  RATED FAT EXCEPT FOR PACKAGED DAIRY FOOD ITEMS OR NUTS; AND
   36    C.  NOT  MORE  THAN THIRTY-FIVE PERCENT OF ITS TOTAL CALORIES SHALL BE
   37  FROM SUGARS.
   38    7. NO BEVERAGES OTHER THAN ONE HUNDRED  PERCENT  FRUIT  AND  VEGETABLE
   39  JUICE  WITH  NO  ADDED  SUGAR, MILK, MILK SUBSTITUTES AND WATER SHALL BE
   40  SOLD OR PROVIDED IN ANY PUBLIC SCHOOL.
   41    S 2. This act shall take effect immediately; provided however that the
   42  department of education shall develop nutritional standards  within  one
   43  year  after  this act shall have become a law and the nutritional stand-
   44  ards shall be implemented in public schools within two years after  this
   45  act shall have become a law.