74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 1973
House Bill 2650
Sponsored by Representatives BRUUN, KOTEK, OLSON, Senators
MORRISETTE, VERGER; Representatives BARNHART, BOONE, CLEM,
ESQUIVEL, GARRARD, GIROD, GREENLICK, LIM, MERKLEY, NELSON,
RICHARDSON, ROSENBAUM, SHIELDS, WHISNANT, WITT, Senators BATES,
MONNES ANDERSON, MORSE, NELSON, WESTLUND
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Specifies minimum standards for food and beverages sold in
public schools. Allows school district boards to adopt more
restrictive standards.
Declares emergency, effective July 1, 2007.
A BILL FOR AN ACT
Relating to standards for items sold in schools; and declaring an
emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + (1) Except as provided in subsection (5) 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.
(2) The following apply to all food sold in a school during the
times described in subsection (4) 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 fats. This requirement does not apply to snack
items that are nuts, eggs and cheese.
(C) May not have more than 35 percent sugar by weight. This
requirement does not apply to fruit and vegetables.
(D) May not contain any trans fat.
(E) May not contain more than 150 total calories if sold in a
kindergarten through grade 5 school.
(F) May not contain more than 180 total calories if sold in a
grade 6 through 8 school.
(G) May not contain more than 200 total calories if sold in a
grade 9 through 12 school.
(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.
(3) The following shall apply to all beverages sold in a school
during the times described in subsection (4) of this section:
(a) If the beverage is sold in a kindergarten through grade 5
school, the beverage may be only:
(A) Water.
(B) Fruit or vegetable juice, provided the beverage item is no
more than eight ounces, is 100 percent juice with no added
sweeteners, contains not more than 120 calories per eight ounces
and contains 10 percent or more of the recommended Daily Values
as listed on the food label for three or more vitamins or
minerals.
(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 grade 6 through 8 school, 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, contains no more than 120 calories per eight ounces
and contains 10 percent or more of the recommended Daily Values
as listed on the food label for three or more vitamins or
minerals.
(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 grade 9 through 12 school, 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, contains no more than 120 calories per eight ounces
and contains 10 percent or more of the recommended Daily Values
as listed on the food label for three or more vitamins or
minerals.
(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.
(4)(a) The standards required by this section apply to food and
beverage items sold in a school during the regular or extended
school day at all times 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.
(5) 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 and
School Breakfast Program.
(6) A school district board may adopt standards that are more
restrictive than the standards specified by this section.
(7) Each school year, the 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
shall monitor whether school districts are in compliance with the
standards required by this section. + }
SECTION 2. { + (1) Section 1 of this 2007 Act applies to
contracts entered into or extended on or after the effective date
of this 2007 Act.
(2) If a school district is operating under a contract entered
into before the effective date of this 2007 Act, the school
district board shall comply with the standards required by
section 1 of this 2007 Act to the greatest extent allowed under
that contract. + }
SECTION 3. { + 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. + }
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