Bill Text: MS HB131 | 2010 | Regular Session | Introduced

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Bill Title: School nutrition; require school districts to serve low-fat meals and snacks to students diagnosed as overweight.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Failed) 2010-02-02 - Died In Committee [HB131 Detail]

Download: Mississippi-2010-HB131-Introduced.html

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MISSISSIPPI LEGISLATURE

2010 Regular Session

To: Education

By: Representative Scott

House Bill 131

AN ACT TO AMEND SECTION 37-13-137, MISSISSIPPI CODE OF 1972, TO REQUIRE THE STATE BOARD OF EDUCATION TO ADOPT A REGULATION REQUIRING LOCAL SCHOOL DISTRICTS TO PROVIDE LOW-FAT SNACKS AND MEALS TO CHILDREN DIAGNOSED BY A PHYSICIAN AS OVERWEIGHT AND TO CHILDREN WHOSE PARENTS REQUEST LOW-FAT ONLY SNACKS AND MEALS FOR THEIR CHILDREN; TO REQUIRE THE STATE BOARD OF EDUCATION TO ADOPT A REGULATION ADDRESSING FOOD SALES OUTSIDE OF THE CHILD NUTRITION SCHOOL BREAKFAST AND LUNCH PROGRAMS THAT ARE MADE AVAILABLE AT THE DISCRETION OF THE LOCAL SCHOOL DISTRICT; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 37-13-137, Mississippi Code of 1972, is amended as follows:

     37-13-137.  (1)  The State Board of Education shall adopt regulations, for compliance by school districts, for the Child Nutrition School Breakfast and Lunch Programs that are not in conflict with the regulations of the United States Department of Agriculture (USDA).  The regulations shall take into account the most recent and advanced scientific principles regarding good human health and fitness, and the effect of the regulations must be that the good health, well-being and fitness of Mississippi school children shall be advanced.  The regulations shall include, but not be limited to, the following areas:

          (a)  Healthy food and beverage choices;

          (b)  Healthy food preparation;

          (c)  Marketing of healthy food choices to students and staff;

          (d)  Preparing low-fat snacks and meals for the lunch and breakfast periods, which low-fat snacks and meals must be provided to those children who have been diagnosed as overweight by a physician duly licensed to practice medicine in the United States and to any child whose parent or guardian submits a written request to the child's school requesting that the child be provided only low-fat snacks and meals;

          (e)  Food preparation ingredients and products;

          (f)  Minimum and maximum time allotment for students and staff lunch and breakfast periods;

          (g)  The availability of food items during the lunch and breakfast periods of the Child Nutrition School Breakfast and Lunch Programs; * * *

          (h)  Methods to increase participation in the Child Nutrition School Breakfast and Lunch Programs; and

          (i)  Food sales outside of the Child Nutrition School Breakfast and Lunch Programs that are made available at the discretion of local school districts.

     (2)  Local school districts may adopt rules and regulations that may be more stringent but not in conflict with the regulations adopted by the State Board of Education under this section.

     (3)  (a)  To assist the State Board of Education in developing the regulations required by this section, the State Superintendent of Public Education shall appoint an advisory committee comprised of the following members:

              (i)  One (1) representative of the Office of Child Nutrition in the State Department of Education;

              (ii)  One (1) member of the State Board of Education;

              (iii)  One (1) licensed dietitian;

              (iv)  One (1) licensed physician;

              (v)  One (1) local public school superintendent;                    (vi)  One (1) school food service director from each of the four (4) congressional districts;

              (vii)  One (1) principal of a local public elementary or middle school;

              (viii)  One (1) principal of a local public high school;

              (ix)  The President of the Mississippi School Nutrition Association or his designee;

              (x)  One (1) member of the Senate, who shall serve in an advisory capacity only; and

              (xi)  One (1) member of the House of Representatives, who shall serve in an advisory capacity only.  All members of the advisory committee must be residents of the state and active practitioners in their respective fields. * * *          (b)  To effectuate the purposes of this section, upon the request of the chairman of the advisory committee, any department, division, board, bureau, commission or agency of the state or of any political subdivision of the state shall provide to the committee any facilities, assistance and data that will enable the committee to properly carry out its functions under this section.

          (c)  Members of the advisory committee who are not public employees who live in the Jackson, Mississippi, metropolitan area or a member of the Legislature shall receive per diem at the rate authorized by Section 25-3-69 for attending meetings of the committee, and shall be reimbursed in accordance with Section 25-3-41 for mileage and actual expenses incurred in the performance of their duties.  The legislative members of the committee shall be paid from the contingent expense fund of the house of which he or she is a member in the same manner as provided for committee meetings when the Legislature is not in session; however, no per diem or expense for attending meetings of the committee may be paid while the Legislature is in session.  A committee member may not incur per diem, travel or other expenses unless previously authorized by vote, at a meeting of the committee, which action must be recorded in the official minutes of the meeting.  Nonlegislative members will be paid from funds available to the State Department of Education or from any other funds made available to the committee for that purpose.

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     SECTION 2.  This act shall take effect and be in force from and after July 1, 2010.

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