Establishes the children's healthy access to meals program (CHAMP)

Subdivision 2 states that "school districts" include school districts and private schools that participate in programs authorized under the National School Lunch Act or the Child Nutrition Act, boards of cooperative educational services, and charter schools.

Subdivision 3 sets forth the nutrition standards for food and beverage items sold in school vending machines, canteens, school stores, and a la carte cafeteria sales, and additionally, provides exemptions to such nutrition standards.

Subdivision 4 directs the department to periodically gather data related to the impact of the nutrition standards on the health of New York's students and provide such data for the department of health and the department of agriculture and markets for review.

Subdivision 5 states that under CHAMP, school meal providers that follow specified nutrition standards regarding the food items and beverages sold in its schools outside of the National School Lunch and School Breakfast Program will receive an additional 10 cents per the number of federally reimbursable breakfasts and lunches.

Subdivision 6 exempts existing vending services contracts from the nutritional standards.

Section 2 amends the general municipal law in relation to certain school district contracts so that the amount expended by a school district in a given fiscal year for purchases will not exceed an amount equal to sixty cents multiplied by the total number of days in the school year multiplied by the total enrollment of such school district.

Subdivision 10 amends the amount that may be expended by a school district in any fiscal year to not exceed an amount equal to seventy-five cents multiplied by the total number of days in the school year multiplied by the total enrollment of such school district.

Section 3 directs the Commissioner of Education to conduct an assessment of physical education and nutrition curriculum and instruction provided to students in grades kindergarten through twelve, and report findings and recommendations to the Board of Regents.

Section 4 directs this act to take effect immediately.

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.

Justification

The rise in overweight and obese children and how it correlates with academic achievement and future health risks is causing considerable concern to parents and educators. The New York State Department of Health has reported a dramatic increase in overweight children in recent years, citing that eight percent of four and five year old children are overweight, nearly double that of 20 years ago. According to an April 2007 report by the Institute of Medicine, overweight and obese children are at risk for developing health problems such as diabetes, cardiovascular disease, high cholesterol, and high blood pressure.

To address these concerns, the Institute of Medicine further provided that federally-reimbursable school nutrition programs should be the main source of nutrition at school, and that alternative options or competitive foods that can be purchased from a la carte service in the school cafeteria, school stores, canteens, and vending machines should be limited. In addition, the Institute of Medicine recommended that the food available from these alternative sources should be nutritious to encourage children to develop healthy eating habits.

Accordingly, this bill establishes the Children's Healthy Access to Meals Program (CHAMP), a program by which participating schools implement nutritional standards for all food and beverages that are sold in schools outside the National School Lunch and Breakfast Program. Participating school districts receive an additional 10 cents per the number of federally reimbursable meals for its food service programs. Participating in CHAMP would educate and encourage children to make healthier food choices both in and outside of school.

Legislative history

06/12/08 Referred to Education.

Fiscal implications

Dependent on participation.

Local fiscal implications

Dependent on participation.

Effective date

Immediately.