2005 House Bill text for HB0598

HOUSE BILL 598

47th legislature - STATE OF NEW MEXICO - first session, 2005

INTRODUCED BY

Roberto "Bobby" J. Gonzales

AN ACT

RELATING TO SCHOOLS; ESTABLISHING HEALTHY NUTRITIONAL STANDARDS AND STANDARD PORTIONS; ENACTING THE COMPETITIVE FOODS IN SCHOOLS ACT.

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

Section 1. A new section of the Public School Code is enacted to read:

"[NEW MATERIAL] SHORT TITLE.--This act may be cited as the "Competitive Foods in Schools Act"."

Section 2. A new section of the Public School Code is enacted to read:

"[NEW MATERIAL] DEFINITIONS.--As used in the Competitive Foods in Schools Act:

A. "competitive beverage" means a beverage offered or sold at school other than a beverage served through the United States department of agriculture's school breakfast, national school lunch and after-school snack programs; and

B. "competitive food" means a food offered or sold at school other than a food served through the United States department of agriculture's school breakfast, national school lunch and after-school snack programs."

Section 3. A new section of the Public School Code is enacted to read:

"[NEW MATERIAL] DEPARTMENT DUTIES.--The department shall approve a list of competitive foods and competitive beverages approved for offer or sale at public schools and charter schools based on compliance with the provisions of the Competitive Foods in Schools Act and make the list available to school districts."

Section 4. A new section of the Public School Code is enacted to read:

"[NEW MATERIAL] VENDOR CONTRACTS FOR FOOD SERVICE IN SCHOOLS.--Contracts for food and beverage vending shall not bind school districts or school food services to exclusive or multiyear provisions."

Section 5. A new section of the Public School Code is enacted to read:

"[NEW MATERIAL] REWARDS.--Foods and beverages, including coupons to be redeemed outside the school setting, shall not be used as rewards for individual students or groups of students, or be withheld as punishment."

Section 6. A new section of the Public School Code is enacted to read:

"[NEW MATERIAL] COMMERCIAL ADVERTISING.--All vending machines located on school property shall exclude graphics that do not promote one hundred percent fruit and vegetable juices, water, milk, physical activity and health."

Section 7. A new section of the Public School Code is enacted to read:

"[NEW MATERIAL] ELEMENTARY SCHOOLS.--From one hour before through one-half hour after the school day, no competitive food or competitive beverage shall be offered or sold on an elementary school campus. Items used in nutrition education lessons or served at celebrations are exempt from the provisions of this section."

Section 8. A new section of the Public School Code is enacted to read:

"[NEW MATERIAL] SECONDARY SCHOOLS.--

A. From one hour before through one-half hour after the school day, all competitive foods and competitive beverages offered or sold on a middle, junior high or high school campus shall comply with the provisions of this section. Items used in nutrition education lessons or served at celebrations are exempt from the provisions of this section.

B. The following competitive beverages shall be allowed:

(1) drinking water;

(2) one hundred percent plain and flavored milk that does not exceed two percent fat content;

(3) soymilk that contains no less than six grams of protein and no less than two hundred eighty-five milligrams of calcium per eight fluid ounces;

(4) yogurt beverages;

(5) one hundred percent fruit and vegetable juices;

(6) fruit-based drinks that contain at least fifty percent fruit juice and have no added sugars; and

(7) electrolyte replacement beverages that contain no more than twenty-three grams of sugars per twelve fluid ounces.

C. Qualifying competitive foods shall provide:

(1) not more than thirty percent of total calories from fat, excluding nuts, seeds and cheeses;

(2) not more than ten percent of total calories from saturated fat and trans fat combined; and

(3) not more than thirty-five percent of total weight from sugar, excluding dried fruits.

D. Items offered or sold in single-serving packages, except for fresh fruits and vegetables, milk and water, shall be limited to these portion sizes:

(1) twelve fluid ounces for beverages; (2) eight ounces for yogurts that are not in frozen or beverage form;

(3) one and one-fourth ounces for snacks, including chips, crackers, popcorn, cereal, trail mix, nuts, seeds, cheeses, dried fruit and jerky;

(4) two ounces for cookies and cereal bars;

(5) three ounces for bakery items; and

(6) three ounces for frozen desserts.

E. Items not offered or sold in single-serving packages shall not exceed the portion-size limits set by the United States department of agriculture school meals programs."

Section 9. A new section of the Public School Code is enacted to read:

"[NEW MATERIAL] RULEMAKING.--The department in consultation with the department of health shall adopt and promulgate rules by August 1, 2005 in compliance with the Competitive Foods in Schools Act, and such rules shall require compliance of all school districts and charter schools. The rules shall:

A. require a preference for New Mexico-grown foods for purchase in the United States department of agriculture's meals programs and for competitive food and competitive beverage sales;

B. require preference for minimally processed, naturally nutrient-dense-per-calorie foods and beverages;

C. require preference for school fundraising activities that use nonfood items; and when foods and beverages are used for fundraising activities, require the use of foods and beverages that meet the provisions of the Competitive Foods in Schools Act;

D. require each school district to involve students in creating school wellness policies;

E. limit school celebrations that involve the use of foods and beverages to special and infrequent occasions and restrict foods and beverages at celebrations to those that comply with the standards of the Competitive Foods in Schools Act;

F. encourage schools to move toward offering and selling foods and beverages that comply with the Competitive Foods in Schools Act at school-related activities and events outside of the regularly scheduled academic day;

G. encourage the school display of nutrition education materials that deliver positive nutrition and physical activity messages; and

H. encourage school personnel to eat foods and drink beverages that comply with the Competitive Foods in Schools Act when eating with their students at school."

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