A4363A-2011 Actions

• Apr 30, 2012: print number 4363a
• Apr 30, 2012: amend and recommit to education
• Jan 4, 2012: referred to education
• Feb 3, 2011: referred to education

A4363A-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 4363--A
 2011-2012 Regular Sessions
 I N  ASSEMBLY
 February 3, 2011
 
 Introduced  by  M.  of  A.  O'DONNELL  --  read once and referred to the
 Committee on Education -- recommitted to the Committee on Education in
 accordance with Assembly Rule 3, sec. 2 -- committee discharged,  bill
 amended,  ordered reprinted as amended and recommitted to said commit
 tee
 

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:

 

Section 1. Short title.  This act shall be known and may be  cited  as
 "the school nutrition act of 2012".
 

S  2.  The  education  law is amended by adding a new section 915-a to
 read as follows:

 

S 915-A. FOOD AND BEVERAGE NUTRITION STANDARDS. 1. A. THE  COMMISSION
 ER,  IN  CONSULTATION  WITH  THE DEPARTMENT OF HEALTH, THE DEPARTMENT OF
 AGRICULTURE AND MARKETS, THE OFFICE OF GENERAL SERVICES AND  WITH  INPUT
 FROM,  INCLUDING  BUT  NOT  LIMITED TO, AT LEAST ONE REPRESENTATIVE EACH
 FROM THE SCHOOL FOOD SERVICE DIRECTORS; SCHOOL BOARDS;  SCHOOL  ADMINIS
 TRATORS;  CERTIFIED  DIETICIANS/NUTRITIONISTS  OR REGISTERED DIETICIANS;
 THE PEDIATRIC MEDICAL COMMUNITY; THE PUBLIC HEALTH COMMUNITY; COMPREHEN
 SIVE CARE CENTERS FOR EATING DISORDERS, ESTABLISHED PURSUANT TO  ARTICLE
 TWENTY-SEVEN-J OF THE PUBLIC HEALTH LAW; AND THE AGRICULTURAL COMMUNITY,
 SHALL DEVELOP BY DECEMBER THIRTY-FIRST, TWO THOUSAND THIRTEEN, STATEWIDE
 SCHOOL  NUTRITION  STANDARDS  FOR  FOOD  AND  BEVERAGES THAT ARE SOLD TO
 STUDENTS EXCLUSIVE OF THOSE PROVIDED THROUGH  THE  FEDERAL  SCHOOL  MEAL
 PROGRAMS.  THE COMMISSIONER SHALL SEEK TO ENSURE THAT SUCH INPUT REPRES
 ENTS A BALANCED AND COMPREHENSIVE PERSPECTIVE.  SUCH NUTRITION STANDARDS
 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.
 LBD05306-03-2
 
       A. 4363--A                          2
 PREPONDERANCE OF THE NUTRITIONAL, SCIENTIFIC AND MEDICAL KNOWLEDGE WHICH
 IS CURRENT AT THE TIME SUCH RECOMMENDATIONS ARE MADE.
 B.  NO  LATER THAN JUNE THIRTIETH, TWO THOUSAND FOURTEEN, THE BOARD OF
 REGENTS SHALL PROMULGATE REGULATIONS BASED ON THE NUTRITIONAL  STANDARDS
 RECOMMENDED  BY THE COMMISSIONER. SUCH REGULATIONS SHALL APPLY TO SCHOOL
 MEALS, EXCLUSIVE OF  THOSE  PROVIDED  THROUGH  FEDERAL  OR  SCHOOL  MEAL
 PROGRAMS, ENTREES, SNACKS AND BEVERAGES SOLD OR SERVED ON SCHOOL GROUNDS
 IN  EACH SCHOOL DISTRICT, NON-PUBLIC SCHOOL, BOARD OF COOPERATIVE EDUCA
 TION AND CHARTER SCHOOL THAT PARTICIPATES IN A PROGRAM AUTHORIZED BY THE
 RICHARD B. RUSSELL NATIONAL SCHOOL LUNCH ACT OR THE CHILD NUTRITION  ACT
 OF 1966, COLLECTIVELY REFERRED TO IN THIS SECTION AS "SCHOOL DISTRICTS",
 DURING  THE  SCHOOL  DAY  FROM ANY SOURCE INCLUDING, BUT NOT LIMITED TO,
 SCHOOL CAFETERIAS, A LA CARTE LINES, SCHOOL STORES, OR VENDING MACHINES.
 SUCH REGULATIONS SHALL BE APPLICABLE IN THE TWO  THOUSAND  THIRTEEN--TWO
 THOUSAND FOURTEEN SCHOOL YEAR.
 C.  NOTWITHSTANDING  ANY  OTHER  PARAGRAPH  OF  THIS SUBDIVISION, THIS
 SECTION AND REGULATIONS PROMULGATED HEREUNDER SHALL NOT  APPLY  TO:  (I)
 FOODS AND BEVERAGES PROVIDED UNDER THE FEDERAL CHILD AND ADULT CARE FOOD
 PROGRAM,  WHICH  SHALL BE SUBJECT TO THE REQUIREMENTS IMPOSED UNDER THAT
 PROGRAM; (II) FOODS AND BEVERAGES  SOLD,  SERVED  OR  OFFERED  AT  AFTER
 SCHOOL ACTIVITIES ATTENDED BY BOTH ADULTS AND STUDENTS, SUCH AS CONCERTS
 AND SPORTING EVENTS; OR (III) FOODS AND BEVERAGES SOLD: (A) BY STUDENTS,
 THEIR  IMMEDIATE  FAMILY  MEMBERS  OR GUARDIANS OR SCHOOL EMPLOYEES, (B)
 THROUGH SOURCES OTHER THAN SCHOOL CAFETERIAS, A LA CARTE LINES,  VENDING
 MACHINES, AND SCHOOL STORES, (C) AFTER THE END  OF  THE  LAST  SCHEDULED
 MEAL  PERIOD  OF THE SCHOOL DAY, AND (D) ONLY FOR THE PURPOSE OF RAISING
 FUNDS TO SUPPORT SCHOOL ACTIVITIES.
 D. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THIS SECTION AND  REGU
 LATIONS PROMULGATED HEREUNDER SHALL NOT PROHIBIT NOR RESTRICT THE ACQUI
 SITION  AND  UTILIZATION  OF  ANY  FOOD ITEM AVAILABLE THROUGH FEDERALLY
 FUNDED PROGRAMS SUCH AS THE USDA COMMODITIES PROGRAM AND  DEPARTMENT  OF
 DEFENSE FOOD PROGRAMS.
 2.  ON  OR BEFORE JULY FIRST, TWO THOUSAND FOURTEEN, THE COMMISSIONER,
 IN COLLABORATION WITH THE DEPARTMENT OF HEALTH  AND  INCLUDING  BUT  NOT
 LIMITED  TO,  AT  LEAST  ONE  REPRESENTATIVE  EACH  FROM THE SCHOOL FOOD
 SERVICE  DIRECTORS;  SCHOOL  BOARDS;  SCHOOL  ADMINISTRATORS;  CERTIFIED
 DIETICIANS/NUTRITIONISTS  OR  REGISTERED  DIETICIANS; COMPREHENSIVE CARE
 CENTERS  FOR  EATING  DISORDERS,   ESTABLISHED   PURSUANT   TO   ARTICLE
 TWENTY-SEVEN-J  OF  THE  PUBLIC  HEALTH  LAW;  AND THE PEDIATRIC MEDICAL
 COMMUNITY SHALL ISSUE RECOMMENDATIONS FOR METHODS AND  THE  PRACTICALITY
 OF  PROVIDING  STUDENTS  WITH  AGE APPROPRIATE INFORMATION REGARDING THE
 NUTRITIONAL CONTENT OF SCHOOL MENU ITEMS.
 3. ON OR BEFORE JULY FIRST, TWO THOUSAND FOURTEEN,  THE  COMMISSIONER,
 IN  COLLABORATION  WITH  THE  DEPARTMENT OF AGRICULTURE AND MARKETS, AND
 INCLUDING BUT NOT LIMITED TO, AT LEAST ONE REPRESENTATIVE EACH FROM  THE
 SCHOOL FOOD SERVICE DIRECTORS; SCHOOL BOARDS; SCHOOL ADMINISTRATORS; AND
 THE  AGRICULTURAL  COMMUNITY,  SHALL ISSUE RECOMMENDATIONS ON INCREASING
 OPPORTUNITIES FOR NEW YORK STATE FARMS AND FARMERS TO  COLLABORATE  WITH
 SCHOOL DISTRICTS.
 4.  RECOMMENDATIONS  ISSUED  PURSUANT TO SUBDIVISIONS TWO AND THREE OF
 THIS SECTION SHALL BE ISSUED IN A REPORT  TO  THE  LEGISLATURE  AND  THE
 GOVERNOR  ON OR BEFORE JULY FIRST, TWO THOUSAND FOURTEEN. COPIES OF SUCH
 REPORT SHALL BE MADE AVAILABLE TO SCHOOL DISTRICTS.
 5. BEGINNING WITH THE  TWO  THOUSAND  FOURTEEN--TWO  THOUSAND  FIFTEEN
 SCHOOL YEAR, AND EACH YEAR THEREAFTER, SCHOOL DISTRICTS SHALL RECEIVE AN
 ADDITIONAL FIFTEEN CENTS (ABOVE THE AMOUNT PROVIDED FOR THE TWO THOUSAND
 
       A. 4363--A                          3
 TWELVE--TWO  THOUSAND THIRTEEN SCHOOL YEAR), PER THE NUMBER OF FEDERALLY
 REIMBURSABLE BREAKFASTS AND LUNCHES SERVED IN THE PRIOR FISCAL  YEAR  TO
 STUDENTS,  IN  ACCORDANCE WITH 

AN ACT OF CONGRESS ENTITLED THE "NATIONAL
 SCHOOL  LUNCH  ACT",  P.L.  79-396, AS AMENDED, OR THE PROVISIONS OF THE
 "CHILD NUTRITION ACT OF 1996", P.L. 89-642, AS AMENDED.
 6. IF AT THE COMMENCEMENT OF THE TWO THOUSAND  FOURTEEN--TWO  THOUSAND
 FIFTEEN  SCHOOL  YEAR, A SCHOOL DISTRICT HAS AN EXISTING CONTRACT WITH A
 COMPANY TO PROVIDE VENDING OR OTHER FOOD  AND  BEVERAGE  SERVICES  WHICH
 WOULD  BE BREACHED BY COMPLIANCE WITH THE REGULATIONS ESTABLISHED PURSU
 ANT TO THIS SECTION, SUCH STANDARDS THAT AFFECT SUCH CONTRACT  SHALL  BE
 APPLICABLE  TO  THE  SCHOOL DISTRICT ON THE DAY FOLLOWING THE END OF THE
 CURRENT TERM OF SUCH CONTRACT OR ON THE DATE ON WHICH  THE  CONTRACT  IS
 TERMINATED,  WHICHEVER  IS  EARLIER.  SUCH  STANDARDS SHALL APPLY TO ALL
 CONTRACTS THAT ARE ISSUED, RENEWED, MODIFIED, ALTERED OR  AMENDED  AFTER
 THE  START  OF  THE  TWO  THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN SCHOOL
 YEAR.
 

S 3. The education law is amended by adding a  new  section  918-a  to
 read as follows:

 

S  918-A.  LOCAL SCHOOL WELLNESS POLICIES. 1. ON OR BEFORE JULY FIRST,
 TWO THOUSAND THIRTEEN, EACH SCHOOL DISTRICT, NON-PUBLIC SCHOOL, BOARD OF
 COOPERATIVE EDUCATIONAL SERVICES AND CHARTER SCHOOL THAT PARTICIPATES IN
 ANY PROGRAM AUTHORIZED BY THE RICHARD B. RUSSELL NATIONAL  SCHOOL  LUNCH
 ACT OR THE CHILD NUTRITION ACT OF 1966, COLLECTIVELY REFERRED TO IN THIS
 SECTION  AS  "SCHOOL  DISTRICTS",  SHALL  BEGIN A REVIEW OF THEIR SCHOOL
 WELLNESS POLICIES TO DETERMINE THE EFFECTIVENESS AND  ADEQUACY  OF  SUCH
 POLICY.  IN  THE COURSE OF SUCH REVIEW, THE GOVERNING BODY OR OFFICER OF
 THE SCHOOL DISTRICTS SHALL:

 A. INVOLVE, AT A MINIMUM, PARENTS AND GUARDIANS,  STUDENTS,  REPRESEN
 TATIVES  OF  THE  SCHOOL  FOOD  AUTHORITY, SCHOOL ADMINISTRATORS, SCHOOL
 NURSES OR OTHER  HEALTH  STAFF,  CERTIFIED  DIETICIANS/NUTRITIONISTS  OR
 REGISTERED DIETICIANS IF AVAILABLE, PHYSICAL EDUCATION STAFF, AND TEACH
 ERS;
 B.  CONSIDER  ANY  RECOMMENDATIONS MADE BY A SCHOOL DISTRICT NUTRITION
 ADVISORY COMMITTEE ESTABLISHED IN SECTION NINE HUNDRED EIGHTEEN OF  THIS
 ARTICLE, IF SUCH COMMITTEE HAS BEEN FORMED BY THE SCHOOL DISTRICT;
 C. EVALUATE THE IMPLEMENTATION OF THE DISTRICT'S WELLNESS POLICY;
 D.  EVALUATE  PROGRESS IN ACHIEVING GOALS FOR NUTRITION EDUCATION, AND
 OTHER SCHOOL BASED ACTIVITIES THAT ARE DESIGNED TO PROMOTE STUDENT WELL
 NESS;
 E. CONSIDER RECOMMENDATIONS FOR HEALTHY FUNDRAISING ACTIVITIES, CLASS
 ROOM EVENTS AND CELEBRATIONS;
 F. (I) EVALUATE THE ROLE OF HEALTH EDUCATION AS PART OF THE CURRICULUM
 TO PROVIDE KNOWLEDGE AND TEACH SKILLS TO HELP STUDENTS ADOPT  AND  MAIN
 TAIN  LIFELONG,  HEALTHY EATING PATTERNS IN BALANCE WITH PHYSICAL ACTIV
 ITY; AND
 (II) EVALUATE THE RELATIONSHIP BETWEEN THE RELEVANT COMPONENTS OF  THE
 DISTRICT  CURRICULUM  AND  WELLNESS POLICY, INCLUDING BUT NOT LIMITED TO
 HEALTH EDUCATION AND PHYSICAL EDUCATION; AND
 G. EVALUATE OPPORTUNITIES FOR INCREASED PHYSICAL ACTIVITY  DURING  THE
 DAY.
 2.  THE  REVIEW OF THE DISTRICT WELLNESS POLICY SHALL INCLUDE AT LEAST
 ONE PUBLIC MEETING TO ALLOW FOR MAXIMUM  PARTICIPATION  BY  THE  PUBLIC.
 SUCH  PUBLIC  MEETING  MAY  TAKE  PLACE AS PART OF A REGULARLY SCHEDULED
 BOARD MEETING.
 3. A. THE INITIAL  REVIEW  OF  DISTRICT  WELLNESS  POLICIES  SHALL  BE
 COMPLETED  BY  JULY FIRST, TWO THOUSAND FOURTEEN. FOLLOWING SUCH INITIAL
 
       A. 4363--A                          4
 REVIEW, EACH DISTRICT SHALL COMMENCE A SUBSEQUENT REVIEW OF THEIR  WELL
 NESS POLICY, AT A MINIMUM, ONCE EVERY FIVE YEARS, IN ACCORDANCE WITH THE
 PROVISIONS OF SUBDIVISION ONE OF THIS SECTION.
 B.  CHANGES TO DISTRICT WELLNESS POLICIES AS A RESULT OF THESE REGULAR
 REVIEWS SHALL BE ADOPTED BY THE BOARD AND MADE AVAILABLE TO  THE  PUBLIC
 IN A MANNER TO BE DETERMINED BY THE LOCAL BOARD.
 4.  EACH SCHOOL DISTRICT SHALL MAKE THE CURRENT WELLNESS POLICY OF THE
 DISTRICT AVAILABLE TO THE DEPARTMENT UPON REQUEST.
 

S 4. Subdivision 1 of section 2854 of the education law is amended  by
 adding a new paragraph (g) to read as follows:

 (G)  A  CHARTER  SCHOOL SHALL BE SUBJECT TO THE PROVISIONS OF SECTIONS
 NINE HUNDRED FIFTEEN-A AND NINE HUNDRED EIGHTEEN-A OF THIS CHAPTER.
 

S 5. This act shall take effect immediately.

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