Bill S5785A-2009

Provides for the development and implementation of statewide school nutrition standards, for the review of school wellness policies

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, increases the amount authorized for school spending on milk and food.

Details

Actions

  • Jun 8, 2010: REPORTED AND COMMITTED TO FINANCE
  • Apr 13, 2010: PRINT NUMBER 5785A
  • Apr 13, 2010: AMEND AND RECOMMIT TO EDUCATION
  • Jan 6, 2010: REFERRED TO EDUCATION
  • Jun 4, 2009: REFERRED TO EDUCATION

Votes

VOTE: COMMITTEE VOTE: - Education - Jun 8, 2010
Ayes (10): Oppenheimer, Montgomery, Breslin, Serrano, Espada, Squadron, Stavisky, Huntley, Foley, Padavan
Ayes W/R (4): Johnson C, Addabbo, Seward, Marcellino
Nays (4): Flanagan, Saland, LaValle, Little
Excused (1): Morahan

Memo

 BILL NUMBER:  S5785A

TITLE OF BILL : 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

PURPOSE : This bill would provide for the development of statewide nutrition standards for food and beverages sold to students exclusive of those provided through the federal school meal programs.

SUMMARY OF PROVISIONS : Section one sets forth the name of the act, which shall be known as "The School Nutrition Act of 2010."

Section two adds a new section 915-a to the education law, which directs the Commissioner to develop statewide school nutrition standards for food and beverages sold exclusive of those provided through federal school meal programs, in consultation with the Department of Health, the Department of Agriculture and Markets, the Office of General Services and a variety of stakeholders. It further provides that the Board of Regents shall promulgate regulations based on the recommendations of the Commissioner subsequent to consultation with said parties, by June 30, 2012.

The section further states that such regulations shall apply to school meals (exclusive of those served through federal school meals programs), entrees, snacks and beverages sold, served or offered on schools grounds, with an exception for foods and beverages sold, served or offered at after school activities attended by both parents and students; or foods and beverages sold for the purpose of student fundraising, after the last scheduled meal period of the day, from sources other than cafeterias, vending and school stores.

The section also directs the Commissioner to issue recommendations to the Legislature and the Governor in the form of a report, regarding methods of providing students with age appropriate nutritional information, and methods for increasing opportunities for New York State farmers to collaborate with school districts.

The section further provides for an appropriation of an additional 15 cents for each federally reimbursable meal served by the school district, beginning with the 2011-2012 school year.

This section further provides that districts shall be exempt from the standards if compliance would require them to violate existing contracts. The standards will apply to contracts issued, altered or amended after the start of the 2011-12 school year.

Section three adds a new section 918-a to the education law requiring school districts to review their school wellness policy during the 2011-2012 school year to evaluate the progress made towards nutrition education; health education; physical education; and healthy fundraising activities. It further provides that this review shall take place at least once every five years, with community involvement.

Section four amends section 2854 of the education law by adding a new paragraph f, to include charter schools that participate in the federally reimbursable meal programs and therefore receive state and federal funding for those programs be included under the provisions of this act.

EXISTING LAW : Section 915 of the Education Law prohibits the sale of certain sweetened foods, including, but not limited to, soda, chewing gum and candy, from the beginning of the school day until the end of the last scheduled meal period. Federally reimbursable meals must meet specific standards set by the USDA.

JUSTIFICATION : For the first time in American history, the life expectancy of children born in recent years, is estimated to be shorter than that of their parents, due to complications from obesity. The epidemic of obesity in the United States has contributed to the skyrocketing cost of health care, and has limited our children's prospects for a long and healthy life. While most students receive fewer than a third of their meals at school, school districts have the opportunity to be a partner with the healthcare community and with parents, in supporting a healthier lifestyle for our children. By serving healthy foods in schools, and eliminating access to a-la-carte items that provide little or no nutritional value, schools will be setting the good example we've come to expect of our schools.

Given that most school food service programs in New York receive no financial support from local school districts, they are hard-pressed to keep prices affordable for the average student. Expecting schools to serve more nutritious foods is unreasonable without providing additional funding from the State. An additional 15 cents per reimbursable meal will provide needed revenue for school food service programs to purchase fresh and healthy ingredients. This funding would provide an enhancement to the state economy as well by trickling down to NYS farmers through the purchasing of food products produced locally and statewide, which would be encouraged by this bill.

LEGISLATIVE HISTORY : This is a new bill.

FISCAL IMPLICATIONS : Based on data provided by the State Education Department, the estimated cost to the state of providing an additional 15 cents per federally reimbursable meals is approximately $60 million in the first year. However, the first year that such payment would be due is the 2011-12 school year, and this estimate is based in the number of meals served in the 2007-08 school year. The actual cost would be based on the number of meals served in the 2010-11 school year.

EFFECTIVE DATE : This act shall take place immediately, however the new nutritional standards, and reimbursement rates shall be effective for the 2012-2013 school year; and the school wellness policy review shall begin during the 2011-2012 school year.

Text

STATE OF NEW YORK ________________________________________________________________________ 5785--A 2009-2010 Regular Sessions IN SENATE June 4, 2009 ___________
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: Section 1. Short title. This act shall be known and may be cited as "the school nutrition act of 2010". 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 ELEVEN, 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
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 TWELVE, 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 TWELVE--TWO THOUSAND THIRTEEN 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 TWELVE, THE COMMISSIONER, IN COLLABORATION WITH THE DEPARTMENT OF HEALTH AND INCLUDING BUT NOT LIMIT- ED 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 TWELVE, 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 TWELVE. COPIES OF SUCH REPORT SHALL BE MADE AVAILABLE TO SCHOOL DISTRICTS. 5. BEGINNING WITH THE TWO THOUSAND TWELVE--TWO THOUSAND THIRTEEN SCHOOL YEAR, AND EACH YEAR THEREAFTER, SCHOOL DISTRICTS SHALL RECEIVE AN ADDITIONAL FIFTEEN CENTS (ABOVE THE AMOUNT PROVIDED FOR THE TWO THOUSAND
TEN--TWO THOUSAND ELEVEN SCHOOL YEAR), PER THE NUMBER OF FEDERALLY REIM- BURSABLE 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 TWELVE--TWO THOUSAND THIRTEEN 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 TWELVE--TWO THOUSAND THIRTEEN 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 ELEVEN, 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 TWELVE. FOLLOWING SUCH INITIAL 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 (f) to read as follows: (F) 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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