Creates the "healthy kids act" pilot program to encourage students to develop healthy eating habits at school; appropriation

5 Co-sponsors

• Brian Kolb
• Fred Thiele
• James Conte
• Andrew Raia
• William A. Barclay

BILL NUMBER:A10310

Title of bill

An act to create the "Healthy Kids Act" pilot program to encourage students to develop healthy eating habits and makes an appro- priation therefor

Purpose or general idea of bill

Establishes the "Healthy Kids Act" Pilot Program whereby ten school districts would be selected to receive grants to cover the cost of selling only healthy food in school vending machines.

Summary of specific provisions

This bill is a special act to create a "Healthy Kids" pilot program under which ten school districts would be selected to receive grant money to offset the cost of selling only heal- thy food. In the selected districts vending machines could only provide drinks including but not limited to: fruit based drinks that have at least 50% fruit juice with no added sweeteners, drinking water, milk, electrolyte replacement beverages that do not contain more than 42 grams of added sweetener per serving and only food that complies with guide- lines established by the US, Department of Agriculture for the school lunch program. In return for complying with these restrictions, selected districts could use grant money to offset costs associated with comply- ing with the program requirements such as new vending machines and the loss of revenue that would have been realized under pouring rights contracts. Districts would be selected by the Education Department based on their demonstrated commitment to encouraging kids to have healthy diets and the extent to which they represent the financial and geograph- ic diversity of the state.

Current law

Section 915 of the Education Law limits the sale of certain "sweetened foods" to after the last lunch period. In recent years several school districts have entered into exclusive "pouring rights" contracts.

Justification

A growing number of our children are over-weight and even obese. For example, a report released by The Department of Health and Human Services in October, 2002, concluded that nationwide 15% of chil- dren ages 9-15 are overweight, a tripling of the number of overweight children from the early 1980's. Obesity puts children at greater risk for diabetes, cardiovascular difficulties and even depression.

While few would question the need to establish and encourage healthy eating habits in our children, vending machines and pouring rights contracts have provided cash strapped school districts with an important source of revenue as they struggle to comply with state mandates and raise academic Standards. School districts should not have to choose between increasing funding and encouraging healthy dieting habits.

It is important for the state not only to recognize the danger that unhealthy eating poses to children but to realistically help those schools that can not afford to stop selling junk food. This bill estab- lishes a Pilot Program so that New York can begin to analyze the most

cost effective way to expose our kids to healthy food at school. Grant money would be used to provide a financial incentive for up to ten school districts that agree to sell only healthy drinks such as milk and bottled water and only foods that comply with USDA school lunch programs. The program could then be used to ascertain the feasibility of providing financial incentives to an even greater number of districts.

Prior legislative history

2008: A.4832; Referred to Education 2007: A.4832; Referred to Education 2006: A.2697; Held for consideration in Education 2005: A.2697; Referred to Education 2004: A.10397-A; Referred to Education 2004: A.10397; amended and recommitted to Education

Fiscal implications

Approximately $2 million.

Effective date

180 days after enactment.