Chapter 455
AN ACT
HB 2650
Relating to standards for items sold in
schools; and declaring an emergency.
Be It Enacted by the People of
the State of
SECTION 1. (1) As used in this section:
(a) “Entree” means a
food that is generally regarded as being the primary food in a meal and
includes, but is not limited to, sandwiches, burritos, pasta and pizza.
(b) “Snack” means a food
that is generally regarded as supplementing a meal and includes, but is not
limited to, chips, crackers, onion rings, nachos, french fries, doughnuts,
cookies, pastries, cinnamon rolls and candy.
(2) Except as provided
in subsection (6) of this section, all food and beverage items sold in a public
kindergarten through grade 12 school must at a minimum
meet the standards required by this section.
(3) The following shall
apply to all food sold in a school during the times described in subsection (5)(a) of this section:
(a) A snack item may be
sold only in a single-serving size and:
(A) May not have more than
35 percent of the total calories from fat. This requirement does not apply to
snack items that are legumes, nuts, nut butters, seeds, eggs, nonfried
vegetables and cheese.
(B) May not have more
than 10 percent of the total calories from saturated fat. This requirement does
not apply to snack items that are nuts, eggs and cheese.
(C) May not contain more
than 35 percent sugar by weight. This requirement does not apply to fruit and
vegetables.
(D) May not contain more
than 0.5 grams of trans fat per serving.
(E) May not contain more
than 150 total calories if sold in a school in which the highest grade level in
the school is grade 5 or less.
(F) May not contain more
than 180 total calories if sold in a school in which the highest grade level in
the school is grade 6, 7 or 8.
(G) May not contain more
than 200 total calories if sold in a school in which the highest grade level in
the school is grade 9, 10, 11 or 12.
(b) An entree item that
is sold individually:
(A) May not contain more
than four grams of fat per 100 calories.
(B) May not contain more
than 450 total calories.
(4) The following shall
apply to all beverages sold in a school during the times described in
subsection (5)(a) of this section:
(a) If the beverage is
sold in a school in which the highest grade level in the school is grade 5 or
less, the beverage may be only:
(A) Water.
(B) Fruit or vegetable
juice, provided the beverage item is not more than eight ounces, is 100 percent
juice with no added sweeteners and contains no more than 120 calories per eight
ounces.
(C) Milk or a
nutritionally equivalent milk alternative, provided the beverage item is not
more than eight ounces, is fat free or low fat and, if flavored, contains no
more than 150 calories per eight ounces.
(b) If the beverage is
sold in a school in which the highest grade level in the school is grade 6, 7
or 8, the beverage may be only:
(A) Water.
(B) Fruit or vegetable
juice, provided the beverage item is not more than 10 ounces, is 100 percent
juice with no added sweeteners and contains no more than 120 calories per eight
ounces.
(C) Milk or a
nutritionally equivalent milk alternative, provided the beverage item is not
more than 10 ounces, is fat free or low fat and, if flavored, contains no more
than 150 calories per eight ounces.
(c) If the beverage is
sold in a school in which the highest grade level in the school is grade 9, 10,
11 or 12, the beverage may be only:
(A) Water.
(B) Fruit or vegetable
juice, provided the beverage item is not more than 12 ounces, is 100 percent
juice with no added sweeteners and contains no more than 120 calories per eight
ounces.
(C) Milk or a
nutritionally equivalent milk alternative, provided the beverage item is not
more than 12 ounces, is fat free or low fat and, if flavored, contains no more
than 150 calories per eight ounces.
(D) A no-calorie or
low-calorie beverage if the beverage contains no more than 10 calories per
eight ounces.
(E) A beverage that is
not more than 12 ounces and contains no more than 66 calories per eight ounces.
(5)(a) The standards
required by this section apply to food and beverage items sold in a school at
all times during the regular or extended school day when the activities in the
school are primarily under the control of the school district board. This
includes, but is not limited to, the time before or after classes are in
session and the time when the school is being used for activities such as
clubs, yearbook, band or choir practice, student government, drama rehearsals
or child care programs.
(b) The standards
required by this section do not apply to food and beverage items sold in a
school at times when the school is being used for school-related events or
nonschool-related events for which parents and other adults are a significant
part of an audience or are selling food or beverage items before, during or
after the event, such as a sporting event or another interscholastic activity,
a play or a band or choir concert.
(6) The standards
required by this section do not apply to food and beverage items sold in a
school as part of the United States Department of Agriculture’s National School
Lunch Program or School Breakfast Program.
(7) A school district
board may adopt standards that are more restrictive than the standards
specified by this section.
(8) Each school year, a
school district board shall determine whether the school district is in
compliance with the standards required by this section and report the results
of that determination to the Department of Education. The department may
monitor whether school districts are in compliance with the standards required
by this section.
SECTION 2. (1) Except as provided in subsection (2) of
this section, section 1 of this 2007 Act first applies to the 2008-2009 school
year.
(2) Section 1 of this
2007 Act first applies to entree and snack items prepared on-site and sold
individually during the 2009-2010 school year.
SECTION 3. (1) Sections 1 and 2 of this 2007 Act apply
to contracts entered into or extended on or after July 1, 2008. If a school
district is operating under a contract entered into before July 1, 2008, the
school district board shall comply with the requirements of sections 1 and 2 of
this 2007 Act to the greatest extent allowed under that contract.
(2) A school district
may not enter into a contract on or after the effective date of this 2007 Act
if the contract:
(a) Does not meet the
requirements of section 1 or 2 of this 2007 Act; and
(b)
Is effective on or after July 1, 2008.
SECTION 4. This 2007 Act being necessary for the
immediate preservation of the public peace, health and safety, an emergency is
declared to exist, and this 2007 Act takes effect July 1, 2007.
Approved by the Governor June 18, 2007
Filed in the office of Secretary of State June 19, 2007
Effective date July 1, 2007
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