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:
1 Section 1. Short title. This act shall be known and may be cited as
2 "the school nutrition act of 2011".
3 S 2. The education law is amended by adding a new section 915-a to
4 read as follows:
5 S 915-A. FOOD AND BEVERAGE NUTRITION STANDARDS. 1. A. THE COMMISSION-
6 ER, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, THE DEPARTMENT OF
7 AGRICULTURE AND MARKETS, THE OFFICE OF GENERAL SERVICES AND WITH INPUT
8 FROM, INCLUDING BUT NOT LIMITED TO, AT LEAST ONE REPRESENTATIVE EACH
9 FROM THE SCHOOL FOOD SERVICE DIRECTORS; SCHOOL BOARDS; SCHOOL ADMINIS-
10 TRATORS; CERTIFIED DIETICIANS/NUTRITIONISTS OR REGISTERED DIETICIANS;
11 THE PEDIATRIC MEDICAL COMMUNITY; THE PUBLIC HEALTH COMMUNITY; COMPREHEN-
12 SIVE CARE CENTERS FOR EATING DISORDERS, ESTABLISHED PURSUANT TO ARTICLE
13 TWENTY-SEVEN-J OF THE PUBLIC HEALTH LAW; AND THE AGRICULTURAL COMMUNITY,
14 SHALL DEVELOP BY DECEMBER THIRTY-FIRST, TWO THOUSAND TWELVE, STATEWIDE
15 SCHOOL NUTRITION STANDARDS FOR FOOD AND BEVERAGES THAT ARE SOLD TO
16 STUDENTS EXCLUSIVE OF THOSE PROVIDED THROUGH THE FEDERAL SCHOOL MEAL
17 PROGRAMS. THE COMMISSIONER SHALL SEEK TO ENSURE THAT SUCH INPUT REPRES-
18 ENTS A BALANCED AND COMPREHENSIVE PERSPECTIVE. SUCH NUTRITION STANDARDS
19 SHALL BE DEVELOPED TO PROMOTE A HEALTHFUL DIET TAKING INTO ACCOUNT A
20 PREPONDERANCE OF THE NUTRITIONAL, SCIENTIFIC AND MEDICAL KNOWLEDGE WHICH
21 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
1 B. NO LATER THAN JUNE THIRTIETH, TWO THOUSAND THIRTEEN, THE BOARD OF
2 REGENTS SHALL PROMULGATE REGULATIONS BASED ON THE NUTRITIONAL STANDARDS
3 RECOMMENDED BY THE COMMISSIONER. SUCH REGULATIONS SHALL APPLY TO SCHOOL
4 MEALS, EXCLUSIVE OF THOSE PROVIDED THROUGH FEDERAL OR SCHOOL MEAL
5 PROGRAMS, ENTREES, SNACKS AND BEVERAGES SOLD OR SERVED ON SCHOOL GROUNDS
6 IN EACH SCHOOL DISTRICT, NON-PUBLIC SCHOOL, BOARD OF COOPERATIVE EDUCA-
7 TION AND CHARTER SCHOOL THAT PARTICIPATES IN A PROGRAM AUTHORIZED BY THE
8 RICHARD B. RUSSELL NATIONAL SCHOOL LUNCH ACT OR THE CHILD NUTRITION ACT
9 OF 1966, COLLECTIVELY REFERRED TO IN THIS SECTION AS "SCHOOL DISTRICTS",
10 DURING THE SCHOOL DAY FROM ANY SOURCE INCLUDING, BUT NOT LIMITED TO,
11 SCHOOL CAFETERIAS, A LA CARTE LINES, SCHOOL STORES, OR VENDING MACHINES.
12 SUCH REGULATIONS SHALL BE APPLICABLE IN THE TWO THOUSAND THIRTEEN--TWO
13 THOUSAND FOURTEEN SCHOOL YEAR.
14 C. NOTWITHSTANDING ANY OTHER PARAGRAPH OF THIS SUBDIVISION, THIS
15 SECTION AND REGULATIONS PROMULGATED HEREUNDER SHALL NOT APPLY TO: (I)
16 FOODS AND BEVERAGES PROVIDED UNDER THE FEDERAL CHILD AND ADULT CARE FOOD
17 PROGRAM, WHICH SHALL BE SUBJECT TO THE REQUIREMENTS IMPOSED UNDER THAT
18 PROGRAM; (II) FOODS AND BEVERAGES SOLD, SERVED OR OFFERED AT AFTER
19 SCHOOL ACTIVITIES ATTENDED BY BOTH ADULTS AND STUDENTS, SUCH AS CONCERTS
20 AND SPORTING EVENTS; OR (III) FOODS AND BEVERAGES SOLD: (A) BY STUDENTS,
21 THEIR IMMEDIATE FAMILY MEMBERS OR GUARDIANS OR SCHOOL EMPLOYEES, (B)
22 THROUGH SOURCES OTHER THAN SCHOOL CAFETERIAS, A LA CARTE LINES, VENDING
23 MACHINES, AND SCHOOL STORES, (C) AFTER THE END OF THE LAST SCHEDULED
24 MEAL PERIOD OF THE SCHOOL DAY, AND (D) ONLY FOR THE PURPOSE OF RAISING
25 FUNDS TO SUPPORT SCHOOL ACTIVITIES.
26 D. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THIS SECTION AND REGU-
27 LATIONS PROMULGATED HEREUNDER SHALL NOT PROHIBIT NOR RESTRICT THE ACQUI-
28 SITION AND UTILIZATION OF ANY FOOD ITEM AVAILABLE THROUGH FEDERALLY
29 FUNDED PROGRAMS SUCH AS THE USDA COMMODITIES PROGRAM AND DEPARTMENT OF
30 DEFENSE FOOD PROGRAMS.
31 2. ON OR BEFORE JULY FIRST, TWO THOUSAND THIRTEEN, THE COMMISSIONER,
32 IN COLLABORATION WITH THE DEPARTMENT OF HEALTH AND INCLUDING BUT NOT
33 LIMITED TO, AT LEAST ONE REPRESENTATIVE EACH FROM THE SCHOOL FOOD
34 SERVICE DIRECTORS; SCHOOL BOARDS; SCHOOL ADMINISTRATORS; CERTIFIED
35 DIETICIANS/NUTRITIONISTS OR REGISTERED DIETICIANS; COMPREHENSIVE CARE
36 CENTERS FOR EATING DISORDERS, ESTABLISHED PURSUANT TO ARTICLE
37 TWENTY-SEVEN-J OF THE PUBLIC HEALTH LAW; AND THE PEDIATRIC MEDICAL
38 COMMUNITY SHALL ISSUE RECOMMENDATIONS FOR METHODS AND THE PRACTICALITY
39 OF PROVIDING STUDENTS WITH AGE APPROPRIATE INFORMATION REGARDING THE
40 NUTRITIONAL CONTENT OF SCHOOL MENU ITEMS.
41 3. ON OR BEFORE JULY FIRST, TWO THOUSAND THIRTEEN, THE COMMISSIONER,
42 IN COLLABORATION WITH THE DEPARTMENT OF AGRICULTURE AND MARKETS, AND
43 INCLUDING BUT NOT LIMITED TO, AT LEAST ONE REPRESENTATIVE EACH FROM THE
44 SCHOOL FOOD SERVICE DIRECTORS; SCHOOL BOARDS; SCHOOL ADMINISTRATORS; AND
45 THE AGRICULTURAL COMMUNITY, SHALL ISSUE RECOMMENDATIONS ON INCREASING
46 OPPORTUNITIES FOR NEW YORK STATE FARMS AND FARMERS TO COLLABORATE WITH
47 SCHOOL DISTRICTS.
48 4. RECOMMENDATIONS ISSUED PURSUANT TO SUBDIVISIONS TWO AND THREE OF
49 THIS SECTION SHALL BE ISSUED IN A REPORT TO THE LEGISLATURE AND THE
50 GOVERNOR ON OR BEFORE JULY FIRST, TWO THOUSAND THIRTEEN. COPIES OF SUCH
51 REPORT SHALL BE MADE AVAILABLE TO SCHOOL DISTRICTS.
52 5. BEGINNING WITH THE TWO THOUSAND THIRTEEN--TWO THOUSAND FOURTEEN
53 SCHOOL YEAR, AND EACH YEAR THEREAFTER, SCHOOL DISTRICTS SHALL RECEIVE AN
54 ADDITIONAL FIFTEEN CENTS (ABOVE THE AMOUNT PROVIDED FOR THE TWO THOUSAND
55 ELEVEN--TWO THOUSAND TWELVE SCHOOL YEAR), PER THE NUMBER OF FEDERALLY
56 REIMBURSABLE BREAKFASTS AND LUNCHES SERVED IN THE PRIOR FISCAL YEAR TO
S. 1587 3
1 STUDENTS, IN ACCORDANCE WITH AN ACT OF CONGRESS ENTITLED THE "NATIONAL
2 SCHOOL LUNCH ACT", P.L. 79-396, AS AMENDED, OR THE PROVISIONS OF THE
3 "CHILD NUTRITION ACT OF 1996", P.L. 89-642, AS AMENDED.
4 6. IF AT THE COMMENCEMENT OF THE TWO THOUSAND THIRTEEN--TWO THOUSAND
5 FOURTEEN SCHOOL YEAR, A SCHOOL DISTRICT HAS AN EXISTING CONTRACT WITH A
6 COMPANY TO PROVIDE VENDING OR OTHER FOOD AND BEVERAGE SERVICES WHICH
7 WOULD BE BREACHED BY COMPLIANCE WITH THE REGULATIONS ESTABLISHED PURSU-
8 ANT TO THIS SECTION, SUCH STANDARDS THAT AFFECT SUCH CONTRACT SHALL BE
9 APPLICABLE TO THE SCHOOL DISTRICT ON THE DAY FOLLOWING THE END OF THE
10 CURRENT TERM OF SUCH CONTRACT OR ON THE DATE ON WHICH THE CONTRACT IS
11 TERMINATED, WHICHEVER IS EARLIER. SUCH STANDARDS SHALL APPLY TO ALL
12 CONTRACTS THAT ARE ISSUED, RENEWED, MODIFIED, ALTERED OR AMENDED AFTER
13 THE START OF THE TWO THOUSAND THIRTEEN--TWO THOUSAND FOURTEEN SCHOOL
14 YEAR.
15 S 3. The education law is amended by adding a new section 918-a to
16 read as follows:
17 S 918-A. LOCAL SCHOOL WELLNESS POLICIES. 1. ON OR BEFORE JULY FIRST,
18 TWO THOUSAND TWELVE, EACH SCHOOL DISTRICT, NON-PUBLIC SCHOOL, BOARD OF
19 COOPERATIVE EDUCATIONAL SERVICES AND CHARTER SCHOOL THAT PARTICIPATES IN
20 ANY PROGRAM AUTHORIZED BY THE RICHARD B. RUSSELL NATIONAL SCHOOL LUNCH
21 ACT OR THE CHILD NUTRITION ACT OF 1966, COLLECTIVELY REFERRED TO IN THIS
22 SECTION AS "SCHOOL DISTRICTS", SHALL BEGIN A REVIEW OF THEIR SCHOOL
23 WELLNESS POLICIES TO DETERMINE THE EFFECTIVENESS AND ADEQUACY OF SUCH
24 POLICY. IN THE COURSE OF SUCH REVIEW, THE GOVERNING BODY OR OFFICER OF
25 THE SCHOOL DISTRICTS SHALL:
26 A. INVOLVE, AT A MINIMUM, PARENTS AND GUARDIANS, STUDENTS, REPRESEN-
27 TATIVES OF THE SCHOOL FOOD AUTHORITY, SCHOOL ADMINISTRATORS, SCHOOL
28 NURSES OR OTHER HEALTH STAFF, CERTIFIED DIETICIANS/NUTRITIONISTS OR
29 REGISTERED DIETICIANS IF AVAILABLE, PHYSICAL EDUCATION STAFF, AND TEACH-
30 ERS;
31 B. CONSIDER ANY RECOMMENDATIONS MADE BY A SCHOOL DISTRICT NUTRITION
32 ADVISORY COMMITTEE ESTABLISHED IN SECTION NINE HUNDRED EIGHTEEN OF THIS
33 ARTICLE, IF SUCH COMMITTEE HAS BEEN FORMED BY THE SCHOOL DISTRICT;
34 C. EVALUATE THE IMPLEMENTATION OF THE DISTRICT'S WELLNESS POLICY;
35 D. EVALUATE PROGRESS IN ACHIEVING GOALS FOR NUTRITION EDUCATION, AND
36 OTHER SCHOOL BASED ACTIVITIES THAT ARE DESIGNED TO PROMOTE STUDENT WELL-
37 NESS;
38 E. CONSIDER RECOMMENDATIONS FOR HEALTHY FUNDRAISING ACTIVITIES, CLASS-
39 ROOM EVENTS AND CELEBRATIONS;
40 F. (I) EVALUATE THE ROLE OF HEALTH EDUCATION AS PART OF THE CURRICULUM
41 TO PROVIDE KNOWLEDGE AND TEACH SKILLS TO HELP STUDENTS ADOPT AND MAIN-
42 TAIN LIFELONG, HEALTHY EATING PATTERNS IN BALANCE WITH PHYSICAL ACTIV-
43 ITY; AND
44 (II) EVALUATE THE RELATIONSHIP BETWEEN THE RELEVANT COMPONENTS OF THE
45 DISTRICT CURRICULUM AND WELLNESS POLICY, INCLUDING BUT NOT LIMITED TO
46 HEALTH EDUCATION AND PHYSICAL EDUCATION; AND
47 G. EVALUATE OPPORTUNITIES FOR INCREASED PHYSICAL ACTIVITY DURING THE
48 DAY.
49 2. THE REVIEW OF THE DISTRICT WELLNESS POLICY SHALL INCLUDE AT LEAST
50 ONE PUBLIC MEETING TO ALLOW FOR MAXIMUM PARTICIPATION BY THE PUBLIC.
51 SUCH PUBLIC MEETING MAY TAKE PLACE AS PART OF A REGULARLY SCHEDULED
52 BOARD MEETING.
53 3. A. THE INITIAL REVIEW OF DISTRICT WELLNESS POLICIES SHALL BE
54 COMPLETED BY JULY FIRST, TWO THOUSAND THIRTEEN. FOLLOWING SUCH INITIAL
55 REVIEW, EACH DISTRICT SHALL COMMENCE A SUBSEQUENT REVIEW OF THEIR WELL-
S. 1587 4
1 NESS POLICY, AT A MINIMUM, ONCE EVERY FIVE YEARS, IN ACCORDANCE WITH THE
2 PROVISIONS OF SUBDIVISION ONE OF THIS SECTION.
3 B. CHANGES TO DISTRICT WELLNESS POLICIES AS A RESULT OF THESE REGULAR
4 REVIEWS SHALL BE ADOPTED BY THE BOARD AND MADE AVAILABLE TO THE PUBLIC
5 IN A MANNER TO BE DETERMINED BY THE LOCAL BOARD.
6 4. EACH SCHOOL DISTRICT SHALL MAKE THE CURRENT WELLNESS POLICY OF THE
7 DISTRICT AVAILABLE TO THE DEPARTMENT UPON REQUEST.
8 S 4. Subdivision 1 of section 2854 of the education law is amended by
9 adding a new paragraph (g) to read as follows:
10 (G) A CHARTER SCHOOL SHALL BE SUBJECT TO THE PROVISIONS OF SECTIONS
11 NINE HUNDRED FIFTEEN-A AND NINE HUNDRED EIGHTEEN-A OF THIS CHAPTER.
12 S 5. This act shall take effect immediately.