Provides for the sale, availability and distribution of healthy foods and beverages on school property and at school sponsored functions

Beverages:

Elementary Schools: Water, Fat-free or low fat regular and flavored milk, nutritionally equivalent (per USDA) milk alternatives, with up to 180 calories / 8 ounces, 100% juice with no added sweeteners, up to 120 calories / 8 ounces, at least 50% of non-milk beverages must be water and no- or low-calorie options.

Middle School: Water, Up to 10 ounce servings of milk and 100% juice , Fat-free or low fat regular or flavored milk, nutritionally equivalent (per USDA) milk alternatives, with up to 180 calories, 100% juice with no added sweeteners, up to 120 calories, at least 50% of non-milk beverages must be water and no- or low-calorie options.

High School: Water, No or low calorie beverages with up to 10 calories / 8 ounces, Up to 12 ounce servings of milk, 100% juice, and certain other drinks , Fat-free or low fat regular and flavored milk, nutritionally equivalent (per USDA) milk alternatives, with up to 180 calories, 100% juice with no added sweeteners, up to 120 calories, and with at least 10% of the recommended daily value for three or more vitamins and minerals. Other drinks with no more than 66 calories / 8 ounces At least 50% of non-milk beverages must be water and no- or low-calorie options.

Food/Snacks:

a) Snacks, including chips, crackers, popcorn, cookies, cereal bars, pastries, muffin nuts, seeds jerky, trail mix, and candy; shall be sold or offered in package sizes or portions that do not exceed 150 calories in elementary schools, 180 calories in middle schools, or 200 calories in high schools; and may not exceed 230 milligrams of sodium.

b) Dairy items including yogurt, drinkable yogurt, yogurt smoothies, cottage cheeses, frozen yogurts, ice cream, and any soy, rice, or other dairy substitutes - based version of these items shall not exceed 150 calories in elementary schools, 180 calories in middle schools, or 200 calories in high schools; and may not exceed 480 milligrams of sodium. Dairy products must be low or non-fat Cheeses and non-dairy cheese substitutes shall be limited to 1.5 ounces. Cheese products must be reduced fat or part skim. Eggs and egg substitute products shall be limited to one egg or its equivalent.

c) The items referenced above, excepting eggs and cheese, must contain at least one of the following nutrients: at least 2 grams of fiber; or at least 5 grams of protein; or at least 10% of the U S recommended daily allowance of vitamins A, C, E, folate, calcium, magnesium, potassium, or iron; or half serving or (1/4 cup) of fruit or vegetables. The items must contain no more than 35% of their calories from fat, 10% from saturated fat and 35% sugar by weight.

d) Nuts, seeds, trail mix and jerky are exempt from the total fat limit, but must contain no more than 10% saturated fat and 35% sugar by weight.

Fruit and Non-Fried Vegetables:

Fruit and non fried vegetables shall be offered or sold at any location where food is offered or sold with the exception of non-refrigerated vending machines and vending machines that dispense only beverages There is no portion size limit for fresh fruits and vegetables. Servings of dried fruit, fruit in its own juice, fruit in light syrup, and fruit in heavy syrup, frozen fruits bars, and fried vegetables shall be limited to 150 calories in elementary schools, 180 calories in middle schools, or 200 calories in high schools. Fruit in light syrup or heavy syrup and 100% frozen fruit bars shall not exceed 230 milligrams of sodium, shall meet the nutrient requirements delineated in section (c), and shall contain no more than 35% of their calories from fat, 10% from saturated fat, and 35% sugar by weight Servings of vegetables with sauce shall not exceed 100 calories (in all grade levels) and 480 milligrams of sodium if they provide one of the nutrients delineated in section (c). If they provide two of the nutrients delineated in section (c) they may contain up too 150 calories (in all grade levels).

Soups:

Soups containing one of the nutrients listed in section (c) must contain no more than 35% of its calories from fat, 10% from saturated fat, and 35% sugar by weight, and no more than 100 calories. Soups containing two if the nutrients listed in section (c) must contain no more than 35% of its calories from fat, 10% from saturated fat, and 35% sugar by weight, but may contain up too 150 calories. Soups are limited to 480 milligrams of sodium.

Items that would be considered to be entrees if sold in the reimbursable meal program, but are sold a la carte as Competitive Foods, are not subject to these guidelines.

School Commissioners/Wellness Committees: a) The commissioner, in consultation with the commissioner of health, shall establish a procedure for school wellness committees, established in compliance with federal requirements, to have oversight over nutrition standards outlines in this bill.

b) If a high school and middle school have shared access to food service and or vending areas, the school district, with the approval of the district wellness committee, may adopt the high school standards for middle school. If a school has shared access to food service and or vending areas, for elementary, middle and high school, the school district, with the approval of the district wellness committee, may adopt the middle school standards for all three levels.

c) School district wellness committees may, at their discretion, elect to prohibit or to phase out the sale of sodas, teas, and/or sports drinks, as well, as, establishing stricter standards for foods in school states, vending machines, school cafeterias, and any Rind-raising activities on school premises in their districts.

d) The committees have the jurisdiction to grant exemptions, under provisions, for school based fundraisers, school sponsored or sanctioned events, or food boosters.

e) The committees should also make every effort to educate students, parents, school administrators, and school boards on the nutritional standards set forth in this bill.

This act shall take effect September 1, 2010. If a school district has a current contract with a vendor that expires after September 1, 2010 this act shall take effect at the expirations of such contract; and any new contract entered into must comply with the provisions of this act.

Justification

In New York State the rate of childhood obesity is 20%, an increase from 5% in 1970 Type II diabetes, once almost unseen among children, is increasing at an alarming rate. The Centers for Disease Control (CDC) estimates that one in three U.S.children born in the year 2000 could be diabetic by age 18.

Lifelong dietary patterns are shaped by eating habits learned in child- hood. As institutions of learning, schools should model health behavior. When children see unhealthy products sold or offered in schools, they assume that the consumption of such products is acceptable.

Obesity rates have increased so that obesity now rivals smoking as a cause of illness and death. Health consequences of obesity include Type II diabetes (with such sequelae as blindness and limb amputations), heart disease and coronary artery disease, hypertension, digestive diseases, sleep apnea, asthma, various cancers, orthopedic disorders, and psychiatric problems including depression and low self-esteem.

Many schools offer snacks and a la carte meal selections that are high in sugar, fat, trans fat, and sodium, which offer little nutritional benefit. It is not uncommon to see French fries, pizza, name-brand fast food, and sugary desserts sold alongside the lunch offering provided by the school. Meanwhile, fresh fruit, vegetables, and whole grain products are in short supply Students often select only a la carte products, bypassing the lunch offering altogether, and make a meal of French fries and dessert These children are consuming large amounts of calories, much of it in the form of fats, sugars, and simple carbohydrates short on protein, vitamins, and dietary fiber Such eating habits can lead to obesity, diabetes, and the related disorders mentioned above, while leaving children malnourished from a nutritional standpoint Poor school nutrition affects student achievement and attendance. Significant anecdotal research has shown that when children's diets are altered to decrease simple sugars and increase whole grains, fruits, vegetables and protein their behavior in school improves. According to Action for Healthy Kids, a public-private partnership of national organizations and government agencies, inadequately nourished children score lower on standardized tests. When children suffer from obesity-related illnesses, they axe more likely to be absent from school When attendance is used to determine state funding, it is estimated that an average school district could forfeit $95,000 to $160,000 in state aid.

Obesity is expensive and all taxpayers are affected CDC statistics indicate that in 2003, U. S taxpayers spent $75 billion on medical expenses due to obesity-related illnesses. Sick children grow into sick adults, whose healthcare needs disrupt their families and strain their budgets - or the budgets of our public Medicare and Medicaid insurance programs. Failure to act now will result in a future

generation plagued with Type II diabetes, heart disease, high blood pressure, and other obesity-related disorders.

The removal of, junk food from our schools is one of many strategies to prevent childhood obesity This legislation is a significant means to address the problem.

Legislative history

2007-08: S.4169-A 2005-08: S.7367

Fiscal implications

Potential savings in health care costs including Medicaid. Averting loss of school funding when attendance is used to determine state aid funding.

Effective date

This act shall take effect September 1, 2010 If a school district has a current contract with a vendor that expires after September 1, 2010 this act shall take effect at the expirations/amendments of such contract; and any new contract entered into must comply with the provisions of this act.