HOUSE OF REPRESENTATIVES	H.B. NO.	1853
TWENTY-FIFTH LEGISLATURE, 2010		S.D. 1
STATE OF HAWAII

A BILL FOR AN ACT

 

 

RELATING TO PUBLIC SCHOOLS.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  The legislature finds that section 204 of Public Law 108-265 requires participants in programs authorized by the Richard B. Russell National School Lunch Act or the Child Nutrition Act of 1966 to adopt wellness policies that include nutrition guidelines for all food available on school campuses during the school day.  The purpose of the nutrition guidelines is to promote student health and reduce childhood obesity.  The legislature finds that the State of Hawaii wellness guidelines pursuant to Public Law 108-265 provide that schools neither provide nor sell foods of minimal nutritional value, as determined by the United States Department of Agriculture.  The legislature finds that most candy and some ice cream are of minimal nutritional value and that the current exception for candy and ice cream to the prohibition on the sale of merchandise at public schools is therefore inconsistent with the State of Hawaii wellness guidelines.

     The purpose of this Act is to make it unlawful for the department of education to operate stores or permit the sale of ice cream, candy, and other merchandise on school campuses without the written permission of the department, with certain exceptions.

     SECTION 2.  Section 302A-1146, Hawaii Revised Statutes, is amended to read as follows:

     "§302A-1146  Schools; merchandise.  It shall be unlawful for any public school, without the written permission of the department, to operate stores or to sell or permit the sale of merchandise[,] on school campuses, with the [following exceptions:] exception of school lunches, milk, [ice cream, candy,] and products made or grown at the school as part of the educational program.  [The department, with the advice of the comptroller, shall adopt rules in conformance with chapter 91 necessary for the purposes of this section.]"

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

 

 

 

Report Title:

Department of Education; Prohibit Sale of Ice Cream and Candy

 

Description:

Makes it unlawful for the department of education to operate stores or permit the sale of ice cream, candy, and other merchandise on school campuses without the written permission of the department, with certain exceptions.  (SD1)

 

 

 

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