Bill Text: MI SB0232 | 2009-2010 | 95th Legislature | Introduced

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Bill Title: Education; meals; school nutrition policy; require public schools to adopt and implement and require other measures regarding school nutrition. Amends 1976 PA 451 (MCL 380.1 - 380.1852) by adding sec. 1271.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2009-02-17 - Referred To Committee On Education [SB0232 Detail]

Download: Michigan-2009-SB0232-Introduced.html

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SENATE BILL No. 232

 

 

February 17, 2009, Introduced by Senators SWITALSKI, CHERRY and GLEASON and referred to the Committee on Education.

 

 

 

     A bill to amend 1976 PA 451, entitled

 

"The revised school code,"

 

(MCL 380.1 to 380.1852) by adding section 1271.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1271. (1) Subject to subsection (8), the board of a

 

school district or board of directors of a public school academy

 

shall adopt and implement a local school nutrition policy not later

 

than April 1, 2009. The policy shall apply only to food and

 

beverage products sold or distributed at school that are not part

 

of a federally regulated child nutrition program. Subject to

 

subsection (7), the local school nutrition policy shall meet all of

 

the following:

 

     (a) For an elementary or middle school, the policy shall

 

prohibit the sale or distribution at school at any time of a food

 

or beverage that meets any of the following:

 

     (i) Is classified by the United States department of

 

agriculture as a food of minimal nutritional value (FMNV).

 

     (ii) More than 30% of the calories are from fat or more than

 

10% of the calories are from saturated fat.

 

     (iii) Contains 40% or more sugar or other sweetener by volume.

 

     (iv) Is a juice drink containing less than 50% fruit or

 

vegetable juice.

 

     (b) For a high school, the policy shall prohibit the sale or

 

distribution of a food or beverage described in subdivision (a) at

 

school during school hours.

 

     (2) To assist in achieving statewide implementation of the

 

state school nutrition policy adopted by the state board, not later

 

than August 1, 2009, the board of a school district or board of

 

directors of a public school academy shall establish a coordinated

 

school health team and a healthy school plan of action for the

 

school district or public school academy. The school district or

 

public school academy shall submit the healthy school plan of

 

action to the department. The coordinated school health team shall

 

do all of the following:

 

     (a) Coordinate the implementation of the healthy school plan

 

of action and the state board school nutrition policy in the school

 

district or public school academy.

 

     (b) Review and approve the sale and distribution of food and

 

beverage products at school, except for foods and beverages that

 

are part of a federally regulated child nutrition program. Subject

 

to subsection (8), beginning August 1, 2009, the board of a school

 

district or board of directors of a public school academy shall

 

ensure that a food or beverage product is not sold or distributed

 

at school unless the sale or distribution has been approved by the

 

coordinated school health team or the food or beverage is part of a

 

federally regulated child nutrition program.

 

     (3) The board of a school district or board of directors of a

 

public school academy shall monitor the school district's or public

 

school academy's compliance with the local school nutrition policy

 

adopted under subsection (1) and with the state school nutrition

 

policy adopted by the state board. At least every 2 years, the

 

board or board of directors shall submit to the state board a

 

resolution adopted by the board or board of directors at a board

 

meeting that either confirms that the school district or public

 

school academy is in compliance with those policies or describes

 

areas of noncompliance and a plan of action for achieving

 

compliance.

 

     (4) The director of the school meals office in the department

 

shall monitor compliance by school districts and public school

 

academies with local school nutrition policies adopted under

 

subsection (1) and with the state school nutrition policy adopted

 

by the state board. If the director of the school meals office

 

finds that there are repeated violations of either the local school

 

nutrition policy adopted under subsection (1) or the state school

 

nutrition policy in a school district or public school academy, he

 

or she shall report this finding to the superintendent of public

 

instruction. If, after providing notice and an opportunity for a

 

hearing, the superintendent of public instruction finds that there

 

has been a violation of either the local school nutrition policy

 

adopted under subsection (1) or the state school nutrition policy

 

in a school district or public school academy, the superintendent

 

of public instruction may impose against a school administrator

 

determined to be responsible for the violation an administrative

 

fine of not more than $100.00 for each violation.

 

     (5) The director shall advise the attorney general of the

 

failure of any person to pay an administrative fine imposed under

 

this section. The attorney general shall bring a civil action in a

 

court of competent jurisdiction to recover the fine. Administrative

 

fines collected shall be paid to the state school aid fund.

 

     (6) If an administrative fine is imposed against a school

 

administrator under this section, the board or board of directors

 

shall not provide to the school administrator any compensation or

 

additional work assignment that is intended to reimburse the school

 

administrator for the administrative fine imposed under this

 

section or that is intended to allow the school administrator to

 

recover the administrative fine imposed under this section.

 

     (7) This section does not do any of the following, and does

 

not require a school nutrition policy under subsection (1) to do

 

any of the following:

 

     (a) Prohibit a food or beverage described in subsection (1)(a)

 

from being sold or distributed in an employee lunchroom or other

 

area of a school that is inaccessible to pupils.

 

     (b) Prohibit the distribution of sports drinks approved by the

 

school athletic director at a school-sponsored athletic event or

 

practice occurring at any time.

 

     (8) If a school district or public school academy has a

 

contract in effect on the effective date of this section that is

 

inconsistent with the requirements of this section, the school

 

district or public school academy is not required to implement the

 

policy under subsection (1) or any other inconsistent provision of

 

this section until the expiration of that contract. Beginning on

 

the effective date of this section, a school district or public

 

school academy shall not enter into, renew, or extend a contract

 

that is inconsistent with the requirements of this section.

 

     (9) As used in this section, "at school" means in a classroom,

 

in a school cafeteria or lunch room, elsewhere on school premises,

 

on a school bus or other school-related vehicle, or at a school-

 

sponsored activity or event whether or not it is held on school

 

premises.