REFERENCE TITLE: high schools; nutrition standards |
State of Arizona Senate Fifty-first Legislature First Regular Session 2013
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SB 1257 |
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Introduced by Senators Ableser, Farley, Gallardo, Hobbs: Meza, Pancrazi
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AN ACT
AMENDING SECTION 15-242, ARIZONA REVISED STATUTES; AMENDING TITLE 15, CHAPTER 2, ARTICLE 2, ARIZONA REVISED STATUTES, BY ADDING SECTION 15-242.01; RELATING TO THE DEPARTMENT OF EDUCATION.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 15-242, Arizona Revised Statutes, is amended to read:
15-242. Nutrition standards for elementary, middle and junior high schools
A. By July 1, 2006, The department shall develop minimum nutrition standards that meet at least federal guidelines and regulations for foods and beverages sold or served on the school grounds of elementary schools, middle schools and junior high schools during the normal school day. These nutrition standards may include portion sizes, minimum nutrient values and a listing of contents. This subsection does not prohibit the department from developing minimum nutrition standards that are more stringent than the federal guidelines and regulations for foods and beverages sold or served on school grounds during the normal school day.
B. All elementary schools, middle schools and junior high schools shall participate in the national school lunch program as defined in Public Law 108‑265 except that a school district with fewer than one hundred pupils that is not currently participating in the national school lunch program may be exempt from this subsection if the school district governing board determines at a public meeting to not participate in the requirements of this subsection.
C. Food and beverages sold or served on the school grounds of elementary schools, middle schools and junior high schools or at school‑sponsored events of elementary schools, middle schools and junior high schools during the normal school day shall meet the nutrition standards developed by the department, including foods and beverages offered as any of the following:
1. A la carte items in the food service program.
2. Food and beverages sold in vending machines, snack bars and meal‑period kiosks and at school stores.
D. Foods of minimal nutritional value as defined by 7 Code of Federal Regulations section 210.11(2) shall not be served or sold during the normal school day on any elementary school, middle school or junior high school campus.
E. Beginning on July 15, 2006, New contracts and renewal contracts for food or beverages, or both, shall expressly prohibit the sale of sugared, carbonated beverages and all other foods of minimal nutritional value as defined by 7 Code of Federal Regulations section 210.11(2) on elementary school, middle school and junior high school campuses. The department may approve, on or after the effective date of this section, a carbonated drink that is determined by the department to meet or exceed the department's minimum nutrition standards.
F. Parents, pupils and community members may review food and beverage contracts to ensure that food and beverages sold on elementary school, middle school and junior high school campuses provide nutritious sustenance to pupils, promote good health, help students learn, provide energy and model fit living for life.
G. School districts that offer instruction in grades nine through twelve may adopt nutrition standards for high school campuses.
H. School districts that offer instruction in grades nine through twelve may adopt nutrition standards for high school campuses.
I. G. Nothing in This section shall be construed to does not:
1. Prohibit a school district from developing and adopting nutrition standards that are more stringent than those developed pursuant to this section.
2. Prohibit or limit the sale or distribution of any food or beverage item through fund‑raising activities of students, teachers or educational groups when the items are intended for sale off the school grounds.
3. Prohibit or limit the sale or distribution of any food or beverage items to teachers, administrators or other adults in a faculty lounge or under other circumstances where the sale or distribution is limited to teachers, administrators or other adults.
Sec. 2. Title 15, chapter 2, article 2, Arizona Revised Statutes, is amended by adding section 15-242.01, to read:
15-242.01. Nutrition standards for high schools
A. On or before July 1, 2014, the department shall develop nutrition standards for high schools that are separate from the nutrition standards for elementary schools, middle schools and junior high schools developed pursuant to section 15-242. The nutrition standards for high schools shall meet at least federal guidelines and regulations for foods and beverages sold on school grounds of schools that offer instruction in grades nine through twelve during the normal school day. These nutrition standards may include portion sizes appropriate for high school pupils, minimum nutrient values and a listing of contents. This subsection does not prohibit the department from developing minimum nutrition standards that are more stringent than the federal guidelines and regulations for foods and beverages sold or served on school grounds during the normal school day.
B. Culinary education programs are exempt from the nutrition standards developed pursuant to this section unless the culinary education programs sell food or beverages to pupils during the normal school day.
C. Food and beverages sold or served on the school grounds of schools that offer instruction in grades nine through twelve or at school-sponsored events of schools that offer instruction in grades nine through twelve during the normal school day shall meet the high school nutrition standards developed by the department, including foods and beverages offered as any of the following:
1. A la carte items in the food service program.
2. Food and beverages sold in vending machines, snack bars and meal‑period kiosks and at school stores.
D. Schools that offer instruction in grades nine through twelve shall provide a variety of beverage choices to high school pupils, such as bottled water, juice drinks that contain one hundred per cent fruit or vegetable juice, isotonic beverages and low-fat milk. No more than fifty per cent of the available beverages may include diet and unsweetened teas, zero calorie carbonated drinks, sports drinks or juice drinks that contain less than fifty per cent fruit or vegetable juice.
E. Beginning July 15, 2014, new contracts and renewal contracts for food or beverages, or both, shall limit the selection of all diet and unsweetened teas, zero calorie carbonated beverages, isotonic drinks or juice drinks that contain less than fifty per cent fruit or vegetable juice to no more than fifty per cent of vending machine capacity located on the campuses of schools that offer instruction in grades nine through twelve. All other foods of minimal nutritional value shall be expressly prohibited on the campuses of schools that offer instruction in grades nine through twelve during the normal school day.
F. Parents, pupils and community members may review food and beverage contracts to ensure that food and beverages sold on the campuses of schools that offer instruction in grades nine through twelve provide nutritious sustenance to pupils, promote good health, help students learn, provide energy and model fit living for life.
G. This section shall be subject to the financial and compliance audits prescribed in section 15-914. The school district shall make available internal reporting that demonstrates assessment of compliance with this section and any corrective actions required for noncompliance. Noncompliance actions shall be identified as audit findings and shall be consistent with formal corrective actions or penalties, or both, of the single audit act amendments of 1996.
H. This section does not:
1. Prohibit a school district from developing and adopting nutrition standards that are more stringent than those developed pursuant to this section.
2. Prohibit or limit the sale or distribution of any food or beverage item through fund-raising activities of students, teachers or educational groups if the items are intended for sale or consumption off the school grounds.
3. Prohibit or limit the sale of or distribution of any food or beverage items to teachers, administrators or other adults in a faculty lounge or under other circumstances if the sale or distribution is limited to teachers, administrators or other adults.