46th legislature - STATE OF NEW MEXICO - first session, 2003

RELATING TO EDUCATION; DIRECTING THE STATE BOARD OF EDUCATION TO REGULATE THE SALE OF CERTAIN FOODS IN A SCHOOL; PROHIBITING THE SALE OF CERTAIN BEVERAGES OUTSIDE OF DESIGNATED AREAS OF A SCHOOL.

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

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

Section 2. DEFINITIONS.--For the purposes of the Nutrition in Schools Act:

A. "competitive food" means a food sold in competition with school-prepared and provided meals in food service areas during lunch periods;

B. "food of minimal nutritional value" means:

(1) in the case of artificially sweetened foods, a food that provides less than five percent of the federal reference daily intakes for each of eight specified nutrients per serving; and

(2) in the case of all other foods, a food that provides less than five percent of the federal reference daily intakes for each of the eight specified nutrients per one hundred calories and less than five percent of the federal reference daily intakes for each of the eight specified nutrients per serving. The nutrients to be assessed for purposes of this subsection are protein, vitamin A, vitamin C, niacin, riboflavin, thiamine, calcium and iron; and

C. "state board" means the state board of education.

Section 3. STATE BOARD POWERS.--The state board shall establish rules to control the sale of competitive foods in public schools. The rules shall prohibit the sale of foods of minimal nutritional value in the food service areas during the lunch period. The sale of other competitive foods may be allowed in the food service area during the lunch period only if all income from the sale accrues to the benefit of a nonprofit school food service, school or school-approved student organization.

Section 4. LOCATION OF BEVERAGES IN ELEMENTARY SCHOOLS.--Except in teacher's lounges, beverages other than water and one hundred percent fruit or vegetable juices shall not be accessible to elementary school students during the school day. Availability of other beverages will be limited to after-school functions as determined appropriate by the local school board of a school district. All vending machines located on school grounds shall feature graphics featuring only one hundred percent fruit or vegetable juices, water or educational programs.

Section 5. TEMPORARY PROVISION--EXISTING CONTRACTS.--Existing contracts between a school and a food or beverage vendor that would otherwise be affected or prohibited by the Nutrition in Schools Act shall remain lawful until the expiration of the contract or July 1, 2004 whichever is sooner.

Section 6. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2003.