SENATE BILL 400

49th legislature - STATE OF NEW MEXICO - first session, 2009

INTRODUCED BY

Gerald P. Ortiz y Pino

AN ACT

RELATING TO NUTRITION; CREATING A NUTRITION COUNCIL; PROVIDING DUTIES; REQUIRING STUDIES; CREATING A FUND; MAKING AN APPROPRIATION.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     Section 1. SHORT TITLE.--This act may be cited as the "Nutrition Council Act".

     Section 2. FINDINGS AND PURPOSE.--

          A. The legislature finds that federal authorities have not intended to or expressed an intention to occupy and preempt the areas of nutrition addressed in the Nutrition Council Act and, therefore, the legislature may create a nutrition council to make recommendations to protect and ensure public health and safety for all New Mexicans.

          B. The purpose of the Nutrition Council Act is to improve the quality of food grown in, produced in or imported into New Mexico or exported from New Mexico and to educate New Mexico residents in good nutritional choices.

     Section 3. DEFINITIONS.--As used in the Nutrition Council Act:

          A. "council" means the nutrition council; and

          B. "director" means the director of the council.

     Section 4. NUTRITION COUNCIL--CREATED--MEMBERSHIP.--

          A. The "nutrition council" is created, composed of the following members:

                (1) the assistant attorney general for consumer protection or the assistant attorney general's designee;

                (2) the secretary of public education or the secretary's designee;

                (3) the secretary of health or the secretary's designee; and

                (4) the following members appointed by the governor, who serve at the pleasure of the governor:

                     (a) one pediatrician;

                     (b) one internist or family practitioner;

                     (c) one cardiologist;

                     (d) one toxicologist;

                     (e) one doctorate-level biochemist;

                     (f) one licensed nutritionist;

                     (g) one farmer;

                     (h) one rancher;

                     (i) one faculty member of the university of New Mexico school of medicine;

                     (j) one dentist;

                     (k) one representative of the cooperative extension service or the department of agriculture at New Mexico state university; and

                     (l) one public member who is appointed on the basis of active involvement in the area of nutrition.

          B. Members of the council who are not paid by taxpayer funds may receive per diem and mileage expenses pursuant to the Per Diem and Mileage Act, but shall receive no other compensation, perquisite or allowance.

          C. The council shall annually elect a chair and vice chair. The council shall meet at the call of the chair, a majority of the members or the director. The director shall serve as staff to the council.

          D. The council is administratively attached to the department of health, and the department of health shall provide administrative support to the council.

     Section 5. COUNCIL--DUTIES.--

          A. The council may:

                (1) study ways to improve the operations of state government relating to nutrition programs and to the provision of nutrition services to the residents of the state;

                (2) recommend courses of instruction and practical training for employees of departments and other persons involved in the administration of state nutrition programs with the objective of improving the operations and efficiency of the administration;

                (3) develop nutrition education programs for food stamp recipients;

                (4) in consultation with nutrition experts and the appropriate state agencies, recommend nutrition programs, public education programs and campaigns on health, nutrition and ideal weight maintenance for all state institutions and public schools, colleges and universities;

                (5) consult with the university of New Mexico school of medicine to ensure that its nutrition curricula train medical students in basic nutrition and how to prevent and treat nutritional diseases;

                (6) recommend the development and implementation of nutrition and food safety programs to ensure the nutritional health of New Mexico residents and the safety of their food;

                (7) advise the appropriate departments, including the office of the attorney general, on areas of concern such as:

                     (a) the effect of artificial ingredients, genetically modified organisms and food additives, specifically carcinogens and neurotoxins, on the health of all New Mexicans, particularly on pregnant women, neonates and preschool-age children;

                     (b) the incidence of diabetes on Indian pueblos and reservations;

                     (c) the effects of food-induced hyperactivity and attention deficit disorders in children;

                     (d) obesity in all age groups; and

                     (e) other areas deemed important by the council;

                (8) make recommendations on ways to improve nutrition in New Mexico;

                (9) assist the appropriate agencies in developing educational materials on nutrition and on toxic or potentially toxic additives to foods and processes that result in food toxicity;

                (10) through the public education department, advise public school districts on the development of nutrition courses that are grade specific and that use texts in the field of nutrition, preventive cardiology, preventive oncology and preventive toxicology for New Mexico secondary school students;

                (11) develop a nutrition questionnaire to be sent to students in New Mexico that will be used to build a statewide nutrition database; and

                (12) review the quality of public school lunch programs and make a recommendation to the secretary of public education to improve the sources of food for the school lunch program.

          B. The council may hire a director and such other employees as are necessary to carry out the provisions of the Nutrition Council Act.

     Section 6. DIRECTOR OF COUNCIL--DUTIES.--

          A. The director shall, at the direction of the council:

                (1) review and report on state agency efforts to improve nutrition and food safety; and

                (2) serve as a liaison with other state agencies, including the department of health, the children, youth and families department and the public education department, in recommending the development and implementation of nutrition and food safety programs.

          B. The director shall recommend to the council a list of foods, food additives, artificial ingredients, genetically modified organisms or food processes that the council should consider to determine if additional labeling should be required because of carcinogens, neurotoxins or other deleterious compounds. If the council determines additional labeling should be required, it shall recommend the appropriate labeling and recommend that such labeling be reflected in the nutrition and food safety standards.

          C. The director shall recommend to the council the appointment and compensation of such employees as may be necessary to carry out the provisions of the Nutrition Council Act within the appropriations made by the legislature.

     Section 7. NUTRITION RESEARCH AND EDUCATION FUND--CREATED--PURPOSE.--The "nutrition research and education fund" is created as a nonreverting fund in the state treasury and shall be administered by the department of health. The department of health may establish procedures and adopt rules as required to administer the nutrition research and education fund. The nutrition research and education fund shall consist of money that is appropriated, donated or otherwise accrues to it, including grants from the federal government and other public and private sources. Money in the nutrition research and education fund shall be appropriated to the department of health to carry out the provisions of the Nutrition Council Act. Money shall be disbursed from the fund only on warrant of the secretary of finance and administration upon vouchers signed by the secretary of health or the secretary's authorized representative. Any unexpended or unencumbered balance remaining at the end of a fiscal year shall not revert to the general fund.

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