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BILL AS INTRODUCED 2007-2008

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H.762

Introduced by   Representatives Dostis of Waterbury and Chen of Mendon

Referred to Committee on

Date:

Subject:  Public health; schools; nutritional standards

Statement of purpose:  This bill proposes to establish nutritional standards for food and beverages sold on school grounds and to prohibit the sale of food and beverages that do not meet those standards.

AN ACT RELATING TO HEALTHY STUDENTS

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

Sec. 1.  16 V.S.A. § 1266 is added to read:

§ 1266.  NUTRITION STANDARDS FOR FOOD AND BEVERAGE SALES

              IN SCHOOLS

(a)  For purposes of this section:

(1)  “Entree” means a food that is generally regarded as being the primary food in a meal and includes sandwiches, burritos, pasta, and pizza.

(2)  “Snack” means a food that is generally regarded as supplementing a meal and includes chips, crackers, onion rings, nachos, french fries, doughnuts, cookies, pastries, cinnamon rolls, and candy.

(b)  Except as provided in subsection (e) of this section, all food and beverage items sold in a public kindergarten through grade 12 school shall at a minimum meet the standards required by this section.

(c)  The following shall apply to all food sold in a school during the times described in subdivision (e)(1) of this section:

(1)  A snack item shall be sold only in a single-serving size and:

(A)  Shall not have more than 35 percent of the total calories from fat. This requirement does not apply to snack items that are legumes, nuts, nut butters, seeds, eggs, nonfried vegetables, and cheese.

(B)  Shall not have more than 10 percent of the total calories from saturated fat.  This requirement does not apply to snack items that are nuts, eggs, and cheese.

(C)  Shall not contain more than 35 percent sugar by weight.  This requirement does not apply to fruits and vegetables.

(D)  Shall not contain more than 0.5 grams of trans fat per serving.

(E)  Shall not contain more than 150 total calories if sold in a school in which the highest grade level in the school is grade 5 or less.

(F)  Shall not contain more than 180 total calories if sold in a school in which the highest grade level in the school is grade 6, 7, or 8.

(G)  Shall not contain more than 200 total calories if sold in a school in which the highest grade level in the school is grade 9, 10, 11, or 12.

(2)  An entree item that is sold individually:

(A)  Shall not contain more than four grams of fat per 100 calories.

(B)  Shall not contain more than 450 total calories.

(d)  The following shall apply to all beverages sold in a school during the times described in subdivision (e)(1) of this section:

(1)  If the beverage is sold in a school in which the highest grade level in the school is grade 5 or less, the beverage shall be one of the following:

(A)  Water.

(B)  Fruit or vegetable juice, provided the beverage item is not more than eight ounces, is 100 percent juice with no added sweeteners, and contains no more than 120 calories per eight ounces.

(C)  Milk or a nutritionally equivalent milk alternative, provided the beverage item is not more than eight ounces, is fat free or low fat, and, if flavored, contains no more than 150 calories per eight ounces.

(2)  If the beverage is sold in a school in which the highest grade level in the school is grade 6, 7, or 8, the beverage may be only:

(A)  Water.

(B)  Fruit or vegetable juice, provided the beverage item is not more than 10 ounces, is 100 percent juice with no added sweeteners, and contains no more than 120 calories per eight ounces.

(C)  Milk or a nutritionally equivalent milk alternative, provided the beverage item is not more than 10 ounces, is fat free or low fat, and, if flavored, contains no more than 150 calories per eight ounces.

(3)  If the beverage is sold in a school in which the highest grade level in the school is grade 9, 10, 11, or 12, the beverage shall be one of the following:

(A)  Water.

(B)  Fruit or vegetable juice, provided the beverage item is not more than 12 ounces, is 100 percent juice with no added sweeteners, and contains no more than 120 calories per eight ounces.

(C)  Milk or a nutritionally equivalent milk alternative, provided the beverage item is not more than 12 ounces, is fat free or low fat, and, if flavored, contains no more than 150 calories per eight ounces.

(D)  A no-calorie or low-calorie beverage if the beverage contains no more than 10 calories per eight ounces.

(E)  A beverage that is not more than 12 ounces and contains no more than 66 calories per eight ounces.

(e)(1)  The standards required by this section apply to food and beverage items sold in a school at all times during the regular or extended school day when the activities in the school are primarily under the control of the school district board.  This includes the time before or after classes are in session and the time when the school is being used for activities such as clubs, yearbook, band or choir practice, student government, drama rehearsals, and child care programs.

(2)  The standards required by this section do not apply to food and beverage items sold in a school at times when the school is being used for school-related events or nonschool-related events for which parents and other adults are a significant part of an audience or are selling food or beverage items before, during, or after the event, such as a sporting event or another interscholastic activity, a play, or a band or choir concert.

(3)  The standards required by this section do not apply to food and beverage items sold in a school as part of the United States Department of Agriculture’s National School Lunch Program or School Breakfast Program, as provided in section 1264 of this title.

(f)  A school district board may adopt standards that are more restrictive than the standards specified by this section.

(g)  Each school year, a school district board shall determine whether the school district is in compliance with the standards required by this section and report the results of that determination to the department of education.  The department may monitor whether school districts are in compliance with the standards required by this section.


Sec. 2.  EFFECTIVE DATE

(a)  Sec. 1 of this act takes effect in the 2008–2009 school year.

(b)  Sec. 1 of this act applies to entree and snack items prepared on-site and sold individually beginning with the 2009–2010 school year.

(c)  Sec. 1 of this act applies to contracts entered into or extended

on or after July 1, 2008.  If a school district is operating under a contract entered into before July 1, 2008, the school district board shall comply with the requirements of Sec. 1 of this act to the greatest extent allowed under that contract.

(d)  A school district shall not enter into a contract on or after the effective date of this act if the contract:

(1)  does not meet the requirements of Sec. 1 of this act; and

(2)  is effective on or after July 1, 2008.



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us