Bill Text: NY S01587 | 2011-2012 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Provides for the development and implementation of statewide school nutrition standards for food and beverages that are sold to students and for the review of school wellness policies.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2012-01-13 - PRINT NUMBER 1587A [S01587 Detail]

Download: New_York-2011-S01587-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        1587--A
                              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  --  recommitted to the Committee on Education 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 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 2012".
    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 THIRTEEN, 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
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05306-02-2
       S. 1587--A                          2
    1  PREPONDERANCE OF THE NUTRITIONAL, SCIENTIFIC AND MEDICAL KNOWLEDGE WHICH
    2  IS CURRENT AT THE TIME SUCH RECOMMENDATIONS ARE MADE.
    3    B.  NO  LATER THAN JUNE THIRTIETH, TWO THOUSAND FOURTEEN, THE BOARD OF
    4  REGENTS SHALL PROMULGATE REGULATIONS BASED ON THE NUTRITIONAL  STANDARDS
    5  RECOMMENDED  BY THE COMMISSIONER. SUCH REGULATIONS SHALL APPLY TO SCHOOL
    6  MEALS, EXCLUSIVE OF  THOSE  PROVIDED  THROUGH  FEDERAL  OR  SCHOOL  MEAL
    7  PROGRAMS, ENTREES, SNACKS AND BEVERAGES SOLD OR SERVED ON SCHOOL GROUNDS
    8  IN  EACH SCHOOL DISTRICT, NON-PUBLIC SCHOOL, BOARD OF COOPERATIVE EDUCA-
    9  TION AND CHARTER SCHOOL THAT PARTICIPATES IN A PROGRAM AUTHORIZED BY THE
   10  RICHARD B. RUSSELL NATIONAL SCHOOL LUNCH ACT OR THE CHILD NUTRITION  ACT
   11  OF 1966, COLLECTIVELY REFERRED TO IN THIS SECTION AS "SCHOOL DISTRICTS",
   12  DURING  THE  SCHOOL  DAY  FROM ANY SOURCE INCLUDING, BUT NOT LIMITED TO,
   13  SCHOOL CAFETERIAS, A LA CARTE LINES, SCHOOL STORES, OR VENDING MACHINES.
   14  SUCH REGULATIONS SHALL BE APPLICABLE IN THE TWO  THOUSAND  THIRTEEN--TWO
   15  THOUSAND FOURTEEN SCHOOL YEAR.
   16    C.  NOTWITHSTANDING  ANY  OTHER  PARAGRAPH  OF  THIS SUBDIVISION, THIS
   17  SECTION AND REGULATIONS PROMULGATED HEREUNDER SHALL NOT  APPLY  TO:  (I)
   18  FOODS AND BEVERAGES PROVIDED UNDER THE FEDERAL CHILD AND ADULT CARE FOOD
   19  PROGRAM,  WHICH  SHALL BE SUBJECT TO THE REQUIREMENTS IMPOSED UNDER THAT
   20  PROGRAM; (II) FOODS AND BEVERAGES  SOLD,  SERVED  OR  OFFERED  AT  AFTER
   21  SCHOOL ACTIVITIES ATTENDED BY BOTH ADULTS AND STUDENTS, SUCH AS CONCERTS
   22  AND SPORTING EVENTS; OR (III) FOODS AND BEVERAGES SOLD: (A) BY STUDENTS,
   23  THEIR  IMMEDIATE  FAMILY  MEMBERS  OR GUARDIANS OR SCHOOL EMPLOYEES, (B)
   24  THROUGH SOURCES OTHER THAN SCHOOL CAFETERIAS, A LA CARTE LINES,  VENDING
   25  MACHINES, AND SCHOOL STORES, (C) AFTER THE END  OF  THE  LAST  SCHEDULED
   26  MEAL  PERIOD  OF THE SCHOOL DAY, AND (D) ONLY FOR THE PURPOSE OF RAISING
   27  FUNDS TO SUPPORT SCHOOL ACTIVITIES.
   28    D. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THIS SECTION AND  REGU-
   29  LATIONS PROMULGATED HEREUNDER SHALL NOT PROHIBIT NOR RESTRICT THE ACQUI-
   30  SITION  AND  UTILIZATION  OF  ANY  FOOD ITEM AVAILABLE THROUGH FEDERALLY
   31  FUNDED PROGRAMS SUCH AS THE USDA COMMODITIES PROGRAM AND  DEPARTMENT  OF
   32  DEFENSE FOOD PROGRAMS.
   33    2.  ON  OR BEFORE JULY FIRST, TWO THOUSAND FOURTEEN, THE COMMISSIONER,
   34  IN COLLABORATION WITH THE DEPARTMENT OF HEALTH  AND  INCLUDING  BUT  NOT
   35  LIMITED  TO,  AT  LEAST  ONE  REPRESENTATIVE  EACH  FROM THE SCHOOL FOOD
   36  SERVICE  DIRECTORS;  SCHOOL  BOARDS;  SCHOOL  ADMINISTRATORS;  CERTIFIED
   37  DIETICIANS/NUTRITIONISTS  OR  REGISTERED  DIETICIANS; COMPREHENSIVE CARE
   38  CENTERS  FOR  EATING  DISORDERS,   ESTABLISHED   PURSUANT   TO   ARTICLE
   39  TWENTY-SEVEN-J  OF  THE  PUBLIC  HEALTH  LAW;  AND THE PEDIATRIC MEDICAL
   40  COMMUNITY SHALL ISSUE RECOMMENDATIONS FOR METHODS AND  THE  PRACTICALITY
   41  OF  PROVIDING  STUDENTS  WITH  AGE APPROPRIATE INFORMATION REGARDING THE
   42  NUTRITIONAL CONTENT OF SCHOOL MENU ITEMS.
   43    3. ON OR BEFORE JULY FIRST, TWO THOUSAND FOURTEEN,  THE  COMMISSIONER,
   44  IN  COLLABORATION  WITH  THE  DEPARTMENT OF AGRICULTURE AND MARKETS, AND
   45  INCLUDING BUT NOT LIMITED TO, AT LEAST ONE REPRESENTATIVE EACH FROM  THE
   46  SCHOOL FOOD SERVICE DIRECTORS; SCHOOL BOARDS; SCHOOL ADMINISTRATORS; AND
   47  THE  AGRICULTURAL  COMMUNITY,  SHALL ISSUE RECOMMENDATIONS ON INCREASING
   48  OPPORTUNITIES FOR NEW YORK STATE FARMS AND FARMERS TO  COLLABORATE  WITH
   49  SCHOOL DISTRICTS.
   50    4.  RECOMMENDATIONS  ISSUED  PURSUANT TO SUBDIVISIONS TWO AND THREE OF
   51  THIS SECTION SHALL BE ISSUED IN A REPORT  TO  THE  LEGISLATURE  AND  THE
   52  GOVERNOR  ON OR BEFORE JULY FIRST, TWO THOUSAND FOURTEEN. COPIES OF SUCH
   53  REPORT SHALL BE MADE AVAILABLE TO SCHOOL DISTRICTS.
   54    5. BEGINNING WITH THE  TWO  THOUSAND  FOURTEEN--TWO  THOUSAND  FIFTEEN
   55  SCHOOL YEAR, AND EACH YEAR THEREAFTER, SCHOOL DISTRICTS SHALL RECEIVE AN
   56  ADDITIONAL FIFTEEN CENTS (ABOVE THE AMOUNT PROVIDED FOR THE TWO THOUSAND
       S. 1587--A                          3
    1  TWELVE--TWO  THOUSAND THIRTEEN SCHOOL YEAR), PER THE NUMBER OF FEDERALLY
    2  REIMBURSABLE BREAKFASTS AND LUNCHES SERVED IN THE PRIOR FISCAL  YEAR  TO
    3  STUDENTS,  IN  ACCORDANCE WITH AN ACT OF CONGRESS ENTITLED THE "NATIONAL
    4  SCHOOL  LUNCH  ACT",  P.L.  79-396, AS AMENDED, OR THE PROVISIONS OF THE
    5  "CHILD NUTRITION ACT OF 1996", P.L. 89-642, AS AMENDED.
    6    6. IF AT THE COMMENCEMENT OF THE TWO THOUSAND  FOURTEEN--TWO  THOUSAND
    7  FIFTEEN  SCHOOL  YEAR, A SCHOOL DISTRICT HAS AN EXISTING CONTRACT WITH A
    8  COMPANY TO PROVIDE VENDING OR OTHER FOOD  AND  BEVERAGE  SERVICES  WHICH
    9  WOULD  BE BREACHED BY COMPLIANCE WITH THE REGULATIONS ESTABLISHED PURSU-
   10  ANT TO THIS SECTION, SUCH STANDARDS THAT AFFECT SUCH CONTRACT  SHALL  BE
   11  APPLICABLE  TO  THE  SCHOOL DISTRICT ON THE DAY FOLLOWING THE END OF THE
   12  CURRENT TERM OF SUCH CONTRACT OR ON THE DATE ON WHICH  THE  CONTRACT  IS
   13  TERMINATED,  WHICHEVER  IS  EARLIER.  SUCH  STANDARDS SHALL APPLY TO ALL
   14  CONTRACTS THAT ARE ISSUED, RENEWED, MODIFIED, ALTERED OR  AMENDED  AFTER
   15  THE  START  OF  THE  TWO  THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN SCHOOL
   16  YEAR.
   17    S 3. The education law is amended by adding a  new  section  918-a  to
   18  read as follows:
   19    S  918-A.  LOCAL SCHOOL WELLNESS POLICIES. 1. ON OR BEFORE JULY FIRST,
   20  TWO THOUSAND THIRTEEN, EACH SCHOOL DISTRICT, NON-PUBLIC SCHOOL, BOARD OF
   21  COOPERATIVE EDUCATIONAL SERVICES AND CHARTER SCHOOL THAT PARTICIPATES IN
   22  ANY PROGRAM AUTHORIZED BY THE RICHARD B. RUSSELL NATIONAL  SCHOOL  LUNCH
   23  ACT OR THE CHILD NUTRITION ACT OF 1966, COLLECTIVELY REFERRED TO IN THIS
   24  SECTION  AS  "SCHOOL  DISTRICTS",  SHALL  BEGIN A REVIEW OF THEIR SCHOOL
   25  WELLNESS POLICIES TO DETERMINE THE EFFECTIVENESS AND  ADEQUACY  OF  SUCH
   26  POLICY.  IN  THE COURSE OF SUCH REVIEW, THE GOVERNING BODY OR OFFICER OF
   27  THE SCHOOL DISTRICTS SHALL:
   28    A. INVOLVE, AT A MINIMUM, PARENTS AND GUARDIANS,  STUDENTS,  REPRESEN-
   29  TATIVES  OF  THE  SCHOOL  FOOD  AUTHORITY, SCHOOL ADMINISTRATORS, SCHOOL
   30  NURSES OR OTHER  HEALTH  STAFF,  CERTIFIED  DIETICIANS/NUTRITIONISTS  OR
   31  REGISTERED DIETICIANS IF AVAILABLE, PHYSICAL EDUCATION STAFF, AND TEACH-
   32  ERS;
   33    B.  CONSIDER  ANY  RECOMMENDATIONS MADE BY A SCHOOL DISTRICT NUTRITION
   34  ADVISORY COMMITTEE ESTABLISHED IN SECTION NINE HUNDRED EIGHTEEN OF  THIS
   35  ARTICLE, IF SUCH COMMITTEE HAS BEEN FORMED BY THE SCHOOL DISTRICT;
   36    C. EVALUATE THE IMPLEMENTATION OF THE DISTRICT'S WELLNESS POLICY;
   37    D.  EVALUATE  PROGRESS IN ACHIEVING GOALS FOR NUTRITION EDUCATION, AND
   38  OTHER SCHOOL BASED ACTIVITIES THAT ARE DESIGNED TO PROMOTE STUDENT WELL-
   39  NESS;
   40    E. CONSIDER RECOMMENDATIONS FOR HEALTHY FUNDRAISING ACTIVITIES, CLASS-
   41  ROOM EVENTS AND CELEBRATIONS;
   42    F. (I) EVALUATE THE ROLE OF HEALTH EDUCATION AS PART OF THE CURRICULUM
   43  TO PROVIDE KNOWLEDGE AND TEACH SKILLS TO HELP STUDENTS ADOPT  AND  MAIN-
   44  TAIN  LIFELONG,  HEALTHY EATING PATTERNS IN BALANCE WITH PHYSICAL ACTIV-
   45  ITY; AND
   46    (II) EVALUATE THE RELATIONSHIP BETWEEN THE RELEVANT COMPONENTS OF  THE
   47  DISTRICT  CURRICULUM  AND  WELLNESS POLICY, INCLUDING BUT NOT LIMITED TO
   48  HEALTH EDUCATION AND PHYSICAL EDUCATION; AND
   49    G. EVALUATE OPPORTUNITIES FOR INCREASED PHYSICAL ACTIVITY  DURING  THE
   50  DAY.
   51    2.  THE  REVIEW OF THE DISTRICT WELLNESS POLICY SHALL INCLUDE AT LEAST
   52  ONE PUBLIC MEETING TO ALLOW FOR MAXIMUM  PARTICIPATION  BY  THE  PUBLIC.
   53  SUCH  PUBLIC  MEETING  MAY  TAKE  PLACE AS PART OF A REGULARLY SCHEDULED
   54  BOARD MEETING.
   55    3. A. THE INITIAL  REVIEW  OF  DISTRICT  WELLNESS  POLICIES  SHALL  BE
   56  COMPLETED  BY  JULY FIRST, TWO THOUSAND FOURTEEN. FOLLOWING SUCH INITIAL
       S. 1587--A                          4
    1  REVIEW, EACH DISTRICT SHALL COMMENCE A SUBSEQUENT REVIEW OF THEIR  WELL-
    2  NESS POLICY, AT A MINIMUM, ONCE EVERY FIVE YEARS, IN ACCORDANCE WITH THE
    3  PROVISIONS OF SUBDIVISION ONE OF THIS SECTION.
    4    B.  CHANGES TO DISTRICT WELLNESS POLICIES AS A RESULT OF THESE REGULAR
    5  REVIEWS SHALL BE ADOPTED BY THE BOARD AND MADE AVAILABLE TO  THE  PUBLIC
    6  IN A MANNER TO BE DETERMINED BY THE LOCAL BOARD.
    7    4.  EACH SCHOOL DISTRICT SHALL MAKE THE CURRENT WELLNESS POLICY OF THE
    8  DISTRICT AVAILABLE TO THE DEPARTMENT UPON REQUEST.
    9    S 4. Subdivision 1 of section 2854 of the education law is amended  by
   10  adding a new paragraph (g) to read as follows:
   11    (G)  A  CHARTER  SCHOOL SHALL BE SUBJECT TO THE PROVISIONS OF SECTIONS
   12  NINE HUNDRED FIFTEEN-A AND NINE HUNDRED EIGHTEEN-A OF THIS CHAPTER.
   13    S 5. This act shall take effect immediately.