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S.273

Introduced by   Senator Lyons of Chittenden District

Referred to Committee on

Date:

Subject:  Education; sale of food and beverages on school grounds; nutritional standards

Statement of purpose:  This bill proposes to establish nutritional standards for food and beverages sold on school grounds and to prohibit between one‑half hour before the start of the school day and one-half hour after the end of the school day the sale of food and beverages which do not meet the standards.

AN ACT RELATING TO NUTRITIONAL QUALITY OF FOOD AND BEVERAGES SOLD ON SCHOOL GROUNDS

It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1.  FINDINGS

The general assembly finds that:

(1)  The department of health coalition known as “champps,” coalition for healthy activity, motivation and prevention programs, created by the general assembly in section 11 of Title 18 to address issues of cardiovascular disease and stroke risk factors has made a preliminary assessment of health issues in Vermont and has found that cardiovascular disease is the number one killer of Vermonters.  Cardiovascular diseases and other leading causes of death in Vermonters such as stroke, diabetes, and many forms of cancer often result from childhood obesity.  In most cases, childhood obesity is preventable;

(2)  Twenty-six percent of Vermont children are currently at risk for being or are overweight;

(3)  Only 27 percent of Vermont secondary students eat five or more servings of fruit and vegetables daily; and

(4)  Proper diet and regular exercise are effective ways of preventing obesity and can be lifelong habits if taught well during childhood.

Sec. 2.  16 V.S.A. § 1266 is added to read:

§ 1266.  FOOD AND BEVERAGES; NUTRITIONAL QUALITY

(a)  Except for beverages sold as part of the food program operated pursuant to section 1264 of this title, only the following types of beverages may be sold on school grounds between one-half hour before the start of the school day and one-half hour after the end of the school day:

(1)  fruit juices or drinks that are composed of at least 50 percent fruit juice and that do not contain added natural or artificial sweeteners;

(2)  drinking water;

(3)  milk, including low-fat, nonfat, chocolate, and nondairy milk;

(4)  electrolyte replacement beverages which contain 42 grams of sweetener per 20-ounce serving or less;

(5)  beverages, other than chocolate milk, which are caffeine-free;

(6)  carbonated beverages which are not naturally or artificially sweetened;

(7)  beverages of 12 ounces or less per serving except that those listed in subdivisions (1), (2), and (3) of this subsection may be sold in servings of greater than 12 ounces.

(b)  Except for items sold as part of the food program operated pursuant to section 1264 of this title, only food items which meet the following standards and those adopted by the state board pursuant to subsection (c) of this section may be sold on school grounds between one-half hour before the start of the school day and one-half hour after the end of the school day:

(1)  Not more than 35 percent of the total calories shall be from fat unless the item is seeds or nuts.

(2)  Not more than 10 percent of the total calories shall be from saturated fat.

(3)  Not more than 35 percent of the total calories shall be from sugar unless the item is a fruit or vegetable.

(c)  The state board of education shall adopt by rule nutrition standards for foods sold on school grounds.  Except for items sold as part of a food program operated pursuant to section 1264 of this title, only items which meet or exceed the adopted nutrition standards may be sold on school grounds between

one-half hour before the start of the school day and one-half hour after the end of the school day.

(d)  Entrée and side dish servings that are not part of a food program operated pursuant to section 1264 of this title shall be no larger than the portions offered under that program.  Other items shall be less than three ounces per package or serving.

(e)  Fruit and nonfried vegetables shall be offered for sale at any location where food is sold on school grounds between one-half hour before the start of the school day and one-half hour after the end of the school day.

(f)  If a vending machine on school grounds contains beverage items that do not comply with the standards of subsection (a) of this section, the machine shall be locked or otherwise rendered inoperable between one‑half hour prior to the start of the school day and at least one‑half hour after the end of the school day.

(g)  Foods that do not comply with the standards of subsections (b) through (d) of this section may be sold as part of a school fundraising event if the sale takes place off school grounds or the sale takes place at least one‑half hour after the end of the school day. 

(h)  Every five years, the commissioner shall review the nutrition standards of this section and shall make recommendations to the general assembly for revision and updating of standards which reflect advancements in nutrition science, dietary trend data, and new product availability.  Every five years, the commissioner shall also use the new information to update rules adopted under this section.



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us