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

Summary of provisions

Section one sets forth the name of the act, which shall be known as "The School Nutrition Act of 2012."

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, 2014.

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 and vending.

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 2014-2015 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 2014-15 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 2014-2015 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 g, to include charter schools who participate in the federally reimbursable meal programs and therefore receive state and federal funding for those programs 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 their communities and with parents, in supporting a healthier lifestyle for our children by modeling healthier food choices in schools.

However, while the problems associated with obesity cannot be overlooked, it is important to recognize that most students receive few of their overall meals at school. Furthermore, far too many students depend on those few meals as one of their main sources of food. That is why it is vitally important that all stakeholders, especially those responsible for running the reimbursable meal programs, be involved in the crafting of any requirements placed on these programs. That is the best way to insure that these vital programs remain intact, and serving the students who need them most.

Many people do not realize that almost all the school meal programs in the state are fiscally self sufficient, receiving no financial support from the school district general fund. Therefore the fees charged for non reimbursable meals and a la carte items must be adequate to cover all of their costs for food, facilities and labor. All of this must be accomplished while maintaining low enough prices to encourage students (and their parents) to buy meals through the program. For that reason, a significant increase in the state reimbursement must also be a part of any new standards associated with these programs. 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.

Legislative history

S.5785-A/A.11027 of 2009-2010 01/10/11 REFERRED TO EDUCATION 01/04/12 REFERRED TO EDUCATION

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 2013-14 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 2014-15 school year.

Effective date

This act shall take place immediately.