S3376-2011 Actions

• Jan 4, 2012: REFERRED TO HEALTH
• Feb 17, 2011: REFERRED TO HEALTH

S3376-2011 Memo

BILL NUMBER:S3376

TITLE OF BILL:
An act
to amend the public health law, the education law and the agriculture
and markets law, in relation to establishing nutritional standards for
certain foods and beverages sold in schools

SUMMARY OF PROVISIONS:
Section 1: The act shall be known and may be cited as the "New York
State Healthy Kids Act".

Section two would amend the Public Law 2599-c by requiring the
Commissioner of Health, in consultation with the Commissioner of
Education as well as the Commissioner of Agriculture develop
recommendations for nutritional and dietary standards for food and
beverages sold in school consistent with section nine hundred fifteen
of the Education Law. The recommendations shall be provided in
writing to the Commissioner of Education no later than August
thirty-first two thousand and ten, and revised recommendations shall
be provided as deemed necessary by the Commissioner.

Section three would amend the Education Law 915 to define the term

"School Meals" as meals that meet the nutritional requirements of,
and are reimbursable under any program authorized by the Richard B.
Russell National School Lunch Act of 1966.

Section four would amend the Agriculture and Markets law by adding a
new section 28 to require the commissioner to provide consultation
to the commissioners of education and health in establishing and
revising nutritional and dietary standards for healthy school snacks,
a la carte items and beverages.

Section 5: Severability clause. Any court action is only applicable to
that particular part of the law and not to the law entirely.

Section 6: The act shall take effect immediately.

JUSTIFICATION:
According to a September 2010 New York Times article, forty percent of
the nearly 637,000 children in kindergarten through the eighth grade
in New York City were found to be overweight or obese in the 2008-9
school year.

The New York State Department of Health estimates that one in four New
Yorkers under the age of 18, or approximately 1.1 million young
people, is obese. This childhood obesity crisis, in turn, is fueling
a health care cost crisis, with an estimated annual $242 million in
medical costs attributed to these children.

* Tommy Thompson, former secretary of U.S. Department of Health and
Human Services, has stated that nearly 15% of all children are obese
or overweight. Minorities are faring worse than the overall population.


* Poor nutrition, overweight and inactivity cause at least 1/3 of all
cancers.

* For both children ages 2 to 5 and youth ages 12 to 19, the obesity
rate has nearly tripled during the last 30 years.

* Rena Wing, Ph.D., a professor of psychiatry at Brown Medical School,
the co-developer of a research study known as the National Weight
Control Registry, reported that more than 70% of the registries
weight losers became overweight before the age of 18.

* Excess body weight in children dramatically increases their risk of
developing heart disease in adulthood;
obesity aggravates hypertension, which contributes to the
1
cause of death in the U.S. - heart disease.

* Obesity affects every organ system in a child's body, and it can do
so in a much more profound way than in adults because children are
still growing and developing.

According to a 2008 report by the New York State comptroller Thomas
DiNapoli, children eat a large portion of their daily food intake at
school. We must make certain that all children, especially those
children prone to obesity are eating healthy meals. Even if it is
only one meal a day, we can drastically change the outcome of this
epidemic by creating nutritional standards and enforcing them
accordingly.

LEGISLATIVE HISTORY:
2010: S.7028/A.8250A - Died in Education.

FISCAL IMPLICATIONS:
Not applicable.

EFFECTIVE DATE:
This act shall take effect immediately.

S3376-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         3376
 2011-2012 Regular Sessions
 I N  SENATE
 February 17, 2011
 
 Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
 printed to be committed to the Committee on Health
 

AN ACT to amend the public health law, the education law and  the  agri
 culture and markets law, in relation to establishing nutritional stan
 dards for certain foods and beverages sold in schools
 

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section 1. Short title. This act shall be known and may  be  cited  as
 the "New York state healthy kids act".
 

S 2.

Section 2599-c of the public health law, as amended by section 88
 of  part  B  of  chapter  58  of the laws of 2005, is amended to read as
 follows:

 

S 2599-c.  School-based  childhood  obesity  prevention  and  physical
 activity programs. 1. The commissioner shall encourage the establishment
 of  school-based  childhood  obesity  prevention  and  physical activity
 programs that promote:

 [1.] (A) A healthy school environment, including physical and aesthet
 ic surroundings and culture designed to prevent and reduce the incidence
 and prevalence of obesity; and
 [2.] (B) Parent/community involvement, including an integrated school,
 parent, and community approach for enhancing the health  and  well-being
 of students.
 2.  THE  COMMISSIONER  SHALL, IN CONSULTATION WITH THE COMMISSIONER OF
 EDUCATION AND THE  COMMISSIONER  OF  AGRICULTURE  AND  MARKETS,  DEVELOP
 RECOMMENDATIONS  FOR  NUTRITIONAL  AND  DIETARY  STANDARDS  FOR FOOD AND
 BEVERAGES SOLD IN SCHOOLS CONSISTENT WITH SECTION NINE  HUNDRED  FIFTEEN
 OF  THE  EDUCATION  LAW. IN DEVELOPING SUCH RECOMMENDATIONS, THE COMMIS
 SIONER AND THE COMMISSIONERS OF EDUCATION AND  AGRICULTURE  AND  MARKETS
 SHALL REVIEW EXISTING SCIENCE AND EVIDENCE-BASED RESEARCH TO EXAMINE AND
 EVALUATE  THE  USE  OF  FOOD COLORING, CHEMICAL ADDITIVES AND ARTIFICIAL
 SWEETENERS IN FOODS AND BEVERAGES, AND MAKE SUCH RECOMMENDATIONS AS THEY
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD01108-01-1
 
       S. 3376                             2
 DEEM APPROPRIATE. THE RECOMMENDATIONS SHALL BE PROVIDED  IN  WRITING  TO
 THE  COMMISSIONER  OF  EDUCATION  NO LATER THAN AUGUST THIRTY-FIRST, TWO
 THOUSAND ELEVEN, AND REVISED RECOMMENDATIONS SHALL BE PROVIDED AS DEEMED
 NECESSARY BY THE COMMISSIONER.
 

S  3.

Section 915 of the education law, as added by chapter 674 of the
 laws of 1987, is amended to read as follows:

 

S 915. [Prohibiting the sale of  certain  sweetened  foods.  From  the
 beginning  of  the  school  day until the end of the last scheduled meal
 period, no] HEALTHY SCHOOL FOODS AND BEVERAGES. 1. DEFINITIONS. FOR  THE
 PURPOSES  OF  THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING
 MEANINGS:

 A. "SCHOOL MEALS" SHALL MEAN MEALS WHICH MEET THE NUTRITIONAL REQUIRE
 MENTS OF, AND ARE REIMBURSABLE UNDER,  ANY  PROGRAM  AUTHORIZED  BY  THE
 RICHARD  B. RUSSELL NATIONAL SCHOOL LUNCH ACT OR THE CHILD NUTRITION ACT
 OF 1966.
 B. "SNACKS AND A LA CARTE ITEMS" SHALL MEAN FOOD ITEMS THAT  ARE  SOLD
 INDIVIDUALLY,  OUTSIDE  OF SCHOOL MEALS, FROM SOURCES INCLUDING, BUT NOT
 LIMITED TO, SCHOOL CAFETERIAS, A LA CARTE LINES, SCHOOL STORES OR  VEND
 ING MACHINES.
 2.  APPLICABILITY.  A.  THIS  SECTION  AND THE REGULATIONS PROMULGATED
 PURSUANT THERETO SHALL APPLY TO ELEMENTARY  AND  SECONDARY  SCHOOLS  AND
 PROGRAMS  UNDER THE JURISDICTION OF THE FOLLOWING (COLLECTIVELY REFERRED
 TO IN THIS SECTION AS "SCHOOL DISTRICTS"): SCHOOL DISTRICTS,  NON-PUBLIC
 SCHOOLS  THAT  PARTICIPATE  IN  ANY PROGRAM AUTHORIZED BY THE RICHARD B.
 RUSSELL NATIONAL SCHOOL LUNCH ACT OR THE CHILD NUTRITION  ACT  OF  1966,
 BOARDS  OF COOPERATIVE EDUCATIONAL SERVICES, CHARTER SCHOOLS AND SCHOOLS
 OPERATING PURSUANT TO ARTICLES EIGHTY-THREE,  EIGHTY-FIVE,  EIGHTY-SEVEN
 AND  EIGHTY-EIGHT  OF  THIS  CHAPTER.  SUCH  SCHOOL  DISTRICTS  SHALL BE
 REQUIRED TO ENSURE COMPLIANCE WITH THE PROVISIONS OF  THIS  SECTION  AND
 REGULATIONS PROMULGATED PURSUANT THERETO.
 B.  EXCEPT  AS  OTHERWISE PROVIDED IN PARAGRAPH C OF THIS SUBDIVISION,
 THIS SECTION AND REGULATIONS PROMULGATED PURSUANT THERETO SHALL APPLY TO
 SNACKS AND A LA CARTE ITEMS AND BEVERAGES SOLD ON SCHOOL GROUNDS BEFORE,
 DURING AND AFTER THE REGULAR SCHOOL DAY FROM ANY SOURCE  INCLUDING,  BUT
 NOT  LIMITED  TO, SCHOOL CAFETERIAS, A LA CARTE LINES, SCHOOL STORES AND
 VENDING MACHINES.
 C. NOTWITHSTANDING ANY  OTHER  PROVISION  OF  THIS  SUBDIVISION,  THIS
 SECTION AND REGULATIONS PROMULGATED PURSUANT THERETO SHALL NOT APPLY TO:

 (I)  FOODS  AND BEVERAGES SOLD AS SCHOOL MEALS; (II) FOODS AND BEVERAGES
 SOLD AFTER SCHOOL ACTIVITIES ATTENDED BY BOTH ADULTS AND STUDENTS,  SUCH
 AS  CONCERTS  AND  SPORTING  EVENTS,  SOLD  BY SOURCES OTHER THAN SCHOOL
 STORES OR VENDING MACHINES; (III) FOODS AND BEVERAGES PROVIDED UNDER THE
 FEDERAL CHILD AND ADULT CARE FOOD PROGRAM, WHICH SHALL BE SUBJECT TO THE
 REQUIREMENTS IMPOSED UNDER THAT PROGRAM; OR (IV) CAFFEINATED  COFFEE  OR
 TEA SOLD TO SCHOOL EMPLOYEES.
 3.  NUTRITIONAL  AND DIETARY STANDARDS. A. THE REGENTS AND THE COMMIS
 SIONER SHALL PROMULGATE REGULATIONS TO ESTABLISH NUTRITIONAL AND DIETARY
 STANDARDS BASED UPON THE RECOMMENDATIONS DEVELOPED PURSUANT TO  SUBDIVI
 SION  TWO  OF  SECTION  TWENTY-FIVE  HUNDRED NINETY-NINE-C OF THE PUBLIC
 HEALTH LAW.
 (I) THE NUTRITIONAL AND DIETARY STANDARDS MAY  BE  UPDATED  AS  DEEMED
 NECESSARY  BY  THE  COMMISSION, IN CONSULTATION WITH THE COMMISSIONER OF
 HEALTH, BUT NOT LESS FREQUENTLY THAN ONCE EVERY FIVE YEARS AND SHALL  BE
 MADE  AVAILABLE  FOR  PUBLIC  COMMENT  AND  REVIEW PURSUANT TO THE STATE
 ADMINISTRATIVE PROCEDURE ACT.
 
       S. 3376                             3
 (II) THE NUTRITIONAL AND DIETARY STANDARDS FOR HEALTHY SNACKS AND A LA
 CARTE ITEMS AND BEVERAGES SHALL BE DEVELOPED TO PROMOTE A HEALTHFUL DIET
 AND SHALL BE BASED ON THE PREPONDERANCE OF THE  NUTRITIONAL,  SCIENTIFIC
 AND  MEDICAL  KNOWLEDGE WHICH IS CURRENT AT THE TIME THE REGULATIONS ARE
 BEING PROMULGATED.
 (III)  UNDER  NO CIRCUMSTANCE SHALL THE NUTRITIONAL AND DIETARY STAND
 ARDS INTERFERE WITH THE SPECIAL DIETARY NEEDS OF STUDENTS IN RELATION TO
 HEALTH CONDITIONS, FOOD ALLERGIES, DIETARY  INTOLERANCES  AND  RELIGIOUS
 MANDATES.
 (IV)  THE  NUTRITIONAL  AND DIETARY STANDARDS MAY REFLECT THE NEEDS OF
 STUDENTS AT DIFFERING AGES AND GRADE LEVELS.
 (V) THE NUTRITIONAL AND DIETARY STANDARDS SHALL ENCOURAGE THE PURCHASE
 OF FRESH FRUITS, VEGETABLES, MEAT AND DAIRY PRODUCTS WHICH ARE  PRODUCED
 BY  LOCAL OR REGIONAL FARMS, CONSISTENT WITH APPLICABLE FEDERAL PROCURE
 MENT STANDARDS.
 B. THE NUTRITIONAL AND DIETARY  STANDARDS  SHALL  INCLUDE  APPROPRIATE
 NUTRITIONAL  STANDARDS  AND CONSUMPTION AMOUNTS RELATED, BUT NOT LIMITED
 TO: (I) DIETARY CHOLESTEROL; (II) SODIUM; (III) TOTAL  CALORIE  AMOUNTS;
 (IV)  CALORIES  DERIVED FROM FAT AND SATURATED FAT; (V) CALORIES DERIVED
 FROM SUGAR; (VI) SERVING SIZES; AND (VII) SUCH STANDARDS SHALL  PROHIBIT
 ARTIFICIAL TRANS FATTY ACIDS.
 C.  THE REGULATIONS DESCRIBED IN PARAGRAPH A OF THIS SUBDIVISION SHALL
 BE PROMULGATED NO LATER THAN DECEMBER THIRTY-FIRST, TWO THOUSAND  ELEVEN
 AND  SHALL  BE  EFFECTIVE  ON  AND  AFTER  SEPTEMBER FIRST, TWO THOUSAND
 TWELVE. THE REGULATIONS SHALL APPLY ONLY TO SNACKS AND A LA CARTE  ITEMS
 AND  BEVERAGE  CONTRACTS  BETWEEN SCHOOL DISTRICTS AND VENDORS THAT WERE
 ISSUED, RENEWED, MODIFIED, ALTERED OR  AMENDED  ON  OR  AFTER  SEPTEMBER
 FIRST, TWO THOUSAND ELEVEN.
 4.  PROHIBITIONS.  NO  sweetened  soda water, no chewing gum, no candy
 including hard  candy,  jellies,  gums,  marshmallow  candies,  fondant,
 licorice,  spun candy and candy coated popcorn, and no water ices except
 those which contain ONE HUNDRED PERCENT fruit or fruit juices, shall  be
 sold  in  any [public] school [within the state] DISTRICT BEFORE, DURING
 AND AFTER THE REGULAR SCHOOL DAY FROM ANY  SOURCE,  INCLUDING,  BUT  NOT
 LIMITED TO, SCHOOL CAFETERIAS, A LA CARTE LINES, SCHOOL STORES AND VEND
 ING MACHINES.
 5.  COMPLIANCE.  SCHOOL  DISTRICTS SHALL MAKE AVAILABLE TO THE DEPART
 MENT, UPON REQUEST, DOCUMENTATION  SETTING  FORTH  THE  INGREDIENTS  AND
 NUTRIENTS  OF  ANY  SNACK  OR  A LA CARTE ITEM OR BEVERAGE SOLD BY OR ON
 BEHALF OF SUCH DISTRICT OR IS USED AS AN INGREDIENT IN A SNACK OR  A  LA
 CARTE  ITEM OR BEVERAGE SOLD BY OR ON BEHALF OF SUCH DISTRICT. THE STATE
 COMPTROLLER SHALL REVIEW SCHOOL COMPLIANCE  WITH  THE  REQUIREMENTS  SET
 FORTH  IN  THIS SECTION AND THE REGULATIONS PROMULGATED PURSUANT THERETO
 AS PART OF THE ANNUAL AUDITS OF SCHOOL  DISTRICTS  AS  AUTHORIZED  UNDER
 SUBDIVISION  THREE-A  OF  SECTION TWENTY-ONE HUNDRED SIXTEEN-A AND PARA
 GRAPH (C) OF SUBDIVISION ONE OF SECTION TWENTY-EIGHT HUNDRED  FIFTY-FOUR
 OF THIS CHAPTER AND SECTION THIRTY-THREE OF THE GENERAL MUNICIPAL LAW.
 

S  4.  The  agriculture  and  markets  law  is amended by adding a new
 section 28 to read as follows:

 

S 28. SCHOOL NUTRITIONAL AND DIETARY STANDARDS. THE COMMISSIONER SHALL
 PROVIDE CONSULTATION TO THE COMMISSIONERS OF  EDUCATION  AND  HEALTH  IN
 ESTABLISHING  AND REVISING NUTRITIONAL AND DIETARY STANDARDS FOR HEALTHY
 SCHOOL SNACKS AND A  LA  CARTE  ITEMS  AND  BEVERAGES,  CONSISTENT  WITH
 SECTION NINE HUNDRED FIFTEEN OF THE EDUCATION LAW AND SUBDIVISION TWO OF
 SECTION TWENTY-FIVE HUNDRED NINETY-NINE-C OF THE PUBLIC HEALTH LAW.
 
       S. 3376                             4
 

S  5. Severability clause. If any clause, sentence, paragraph, section
 or part of this act shall be adjudged by any court of  competent  juris
 diction to be invalid, such judgment shall not affect, impair or invali
 date  the  remainder  thereof, but shall be confined in its operation to
 the  clause,  sentence,  paragraph,  section  or  part  thereof directly
 involved in the controversy in  which  such  judgment  shall  have  been
 rendered.
 

S 6. This act shall take effect immediately.

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