Bill Text: NJ S4560 | 2024-2025 | Regular Session | Introduced
Bill Title: "NJ Healthy Schools Act"; prohibits sale and distribution of ultraprocessed foods in schools participating in federally funded or assisted meal programs.
Sponsorship: Bipartisan Bill
Status: (Introduced - Dead) 2025-06-02 - Introduced in the Senate, Referred to Senate Education Committee [S4560 Detail]
Download: New_Jersey-2024-S4560-Introduced.html
Sponsored by:
Senator MICHAEL L. TESTA, JR.
District 1 (Atlantic, Cape May and Cumberland)
SYNOPSIS
"NJ Healthy Schools Act"; prohibits sale and distribution of ultraprocessed foods in schools participating in federally funded or assisted meal programs.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning ultraprocessed food, amending P.L.2022, c.104 and P.L.2007, c.45 , and supplementing Title 18A of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.2022, c.104 (C.18A:33-3.2) is amended to read as follows:
1. As used in this chapter:
"Categorically eligible" means that a student is homeless, is a migrant child, is a runaway child, is a foster child, or is a Head Start child, as defined in 7 C.F.R. Part 245, or is receiving assistance under the Supplemental Nutrition Assistance Program (SNAP), the Temporary Assistance for Needy Families Program (TANF), the Food Distribution Program on Indian Reservations (FDPIR), or, to the extent that the United States Department of Agriculture authorizes the matching of Medicaid data to identify children who are eligible for free school meals, is a participant in the Medicaid program, and which student, by virtue of such status, is automatically eligible to be certified to receive free school meals under the National School Lunch Program or the federal School Breakfast Program, without first submitting an application or being subject to the federal income verification requirements established by 7 C.F.R. Part 245.
"Community Eligibility Provision" means a type of special assistance alternative, identified at 7 C.F.R. Part 245, pursuant to which the United States Department of Agriculture provides reimbursement for free school meals that are provided by eligible, high-poverty local educational agencies and schools that participate in both the National School Lunch Program and the federal School Breakfast Program.
"Eligible student" means a student who is categorically eligible or income-eligible for one or more subsidized school meals.
"Emergency meals distribution program" means a program, established under section 1 of P.L.2020, c.6 (C.18A:33-27.2), pursuant to which a school district is required to provide subsidized school meals to eligible students, through designated distribution sites, during any period in which a school in the district is subject to a public health-related closure due to the COVID-19 pandemic.
"Federal School Breakfast Program" means the federal reimbursement program, established under the "Child Nutrition Act of 1966," 42 U.S.C. s.1771 et seq., pursuant to which the United States Department of Agriculture is authorized to provide grants-in-aid and other assistance to the States, as may be necessary to help finance the establishment, maintenance, operation, and expansion of school breakfast programs and facilitate the provision of free and reduced price breakfasts to eligible students.
"Federally eligible for free or reduced price meals" or "federally eligible" means that a student is categorically eligible for free lunch under the National School Lunch Program or for free breakfast under the federal School Breakfast Program, or that the student satisfies federal income eligibility requirements, adopted by the United States Department of Agriculture pursuant to 7 C.F.R. Part 245, as is necessary to federally qualify for and receive free or reduced price lunch under the National School Lunch Program or free or reduced price breakfast under the federal School Breakfast Program.
"Federally ineligible for free or reduced price meals" or "federally ineligible" means that a student is not categorically eligible for, and fails to satisfy federal income eligibility requirements, adopted by the United States Department of Agriculture pursuant to 7 C.F.R. Part 245, as is necessary for the student to federally qualify for and receive free or reduced price lunch under the National School Lunch Program or free or reduced price breakfast under the federal School Breakfast Program.
"Income-eligible" means that a student either satisfies federal income eligibility requirements, adopted by the United States Department of Agriculture pursuant to 7 C.F.R. Part 245, or satisfies State-level income eligibility requirements, set forth in subsection a. of section 1 of P.L.1974, c.53 (C.18A:33-4) or subsection a. of section 12 of P.L.2022, c.104 (C.18A:33-14a), as is necessary for the student to qualify for and receive subsidized lunch under the National School Lunch Program or subsidized breakfast under the federal School Breakfast Program, on the basis of income.
"Low-income family" means a family with an annual household income amounting to not more than 185 percent of the federal poverty level.
"Middle-income family" means a family with an annual household income amounting to not less than 186 percent, and not more than 224 percent, of the federal poverty level.
"National School Lunch Program" means the federal reimbursement program established under the "Richard B. Russell National School Lunch Act," 42 U.S.C. s.1751 et seq., pursuant to which the United States Department of Agriculture is authorized to provide grants-in-aid and other assistance to the States, as may be necessary to help finance the establishment, maintenance, operation, and expansion of school lunch programs and facilitate the provision of free and reduced price lunches to eligible students.
"Participating school" means a public or nonpublic school that provides daily lunch to enrolled students, through a school lunch program operated pursuant to the National School Lunch Program, or that provides daily breakfast to enrolled students, through a school breakfast program or breakfast after the bell program operated pursuant to the federal School Breakfast Program, or both.
"Participating school district or nonpublic school" means a public school district or a nonpublic school that is required, or elects, to participate in the National School Lunch Program, the federal School Breakfast Program, or both, as the case may be.
"School breakfast program" means a program that is established and operated by a public or nonpublic school, in accordance with the requirements of the federal School Breakfast Program and, in the case of a public school, in accordance with a plan adopted pursuant to section 2 of P.L.2003, c.4 (C.18A:33-10) or section 6 of P.L.2022, c.104 (C.18A:33-10.1), and pursuant to which the school offers daily breakfasts to all enrolled students.
"School lunch program" means a program that is established and operated by a school district, or by a nonpublic school, in accordance with the requirements of the National School Lunch Program and the provisions of section 1 of P.L.1974, c.53 (C.18A:33-4), and pursuant to which the district or nonpublic school offers daily lunches to all students enrolled therein.
"Special assistance alternative" means a special nutrition assistance alternative federal reimbursement method that is authorized by the United States Department of Agriculture, pursuant to 42 U.S.C. s.1759a and 7 C.F.R. Part 245, for eligible schools that serve free meals to all enrolled students. "Special assistance alternative" includes Provision 2, Provision 3, and the Community Eligibility Provision, as described in 7 C.F.R. Part 245, as well as any other similar alternative reimbursement method that is authorized by the United States Department of Agriculture, now or in the future, for schools that serve free meals to all enrolled students.
"Student" means a child 18 years of age or younger who is enrolled at a school in the State.
"Subsidized school breakfast" or "subsidized breakfast" means a school breakfast that is offered to an eligible student, free of charge, and the costs of which are reimbursed by the State or federal government, as provided by subsections a. and b. of section 12 of P.L.2022, c.104 (C.18A:33-14a).
"Subsidized school lunch" or "subsidized lunch" means a school lunch that is offered to an eligible student, free of charge, and the costs of which are reimbursed by the State or federal government, as provided by subsections a. and b. of section 1 of P.L.1974, c.53 (C.18A:33-4).
"Subsidized school meals" or "subsidized meals" includes both subsidized school breakfasts and subsidized school lunches.
"Subsidized school meals application" means an application that identifies a student's annual household income and is completed by the student's parent or guardian, pursuant to section 16 of P.L.2022, c.104 (C.18A:33-21b1), subsection c. of section 1 of P.L.2015, c.15 (C.18A:33-21), or applicable federal law, and which may be used by a school district, or by a public school or nonpublic school, both for the purposes of determining whether a student is income-eligible for subsidized school meals and for the other limited purposes specified in subsection c. of section 16 of P.L.2022, c.104 (C.18A:33-21b1).
"Subsidized school meals certification process" or "subsidized meals certification" means the process pursuant to which a school or school district obtains and reviews a student's subsidized school meals application, or engages in the review of other relevant documentation and materials pertaining to the student, as necessary to determine whether the student is categorically eligible or income-eligible for subsidized school meals under the National School Lunch Program, or under the federal School Breakfast Program, or both.
"Summer Food Service Program" means the federal reimbursement program, established under 42 U.S.C. s.1761 and 7 C.F.R. Part 225, pursuant to which the United States Department of Agriculture is authorized to provide grants-in-aid and other assistance to the States, as may be necessary to help schools, local government agencies, nonprofit organizations, colleges and universities, and summer camps finance the administrative and operational costs of providing meals to children, in low-income areas, during the summer months and other planned periods of school closure.
"Summer meals program" means the Summer Food Service Program, the Seamless Summer Option authorized by 42 U.S.C. s.1761, or any other similar State or federal program that is designed to ensure that children have access to nutritious meals during the summer months and other planned periods of school closure.
"Ultraprocessed food" means a food or beverage that contains one or more of the following ingredients:
(1) Potassium Bromate (CAS 7758-01-2);
(2) Propylparaben (CAS 94-13-3);
(3) Titanium dioxide (CAS 13463-67-7);
(4) Brominated vegetable oil (CAS 8016-94-2);
(5) FD&D Yellow 5 (CAS 1934-21-0);
(6) FD&C Yellow 6 (CAS 2783-94-0);
(7) FD&C Blue 1 (CAS 3844-45-9);
(8) FD&C Blue 2 (CAS 860-22-0);
(9) FD&C Green No. 3 (CAS 2353-45-9);
(10) FD&C Red 3 (CAS 16423-68-0); and
(11) FD&C Red 40 (CAS 25956-17-6).
"Unreimbursed costs" means the costs of a school lunch or school breakfast, which costs are not eligible for reimbursement from the federal government.
"Unsubsidized school breakfast" or "unsubsidized breakfast" means a school breakfast that is offered, upon the payment of a fee, to a student who is neither categorically eligible nor income-eligible for subsidized breakfast, regardless of whether such student remains income-eligible for subsidized school lunch under the provisions of paragraph (4) of subsection a. of section 1 of P.L.1974, c.53 (C.18A:33-4), and the cost of which breakfast is not reimbursable by the State or federal government.
"Unsubsidized school lunch" or "unsubsidized lunch" means a school lunch that is offered, upon the payment of a fee, to a student who is not categorically eligible or income-eligible for subsidized lunch, and the cost of which is not reimbursable by the State or federal government.
(cf: P.L.2023, c.336, s.1)
2. Section 2 of P.L.2007, c.45 (C.18A:33-16) is amended to read as follows:
2. a. As of September 2007, the following items shall not be served, sold or given away as a free promotion anywhere on school property at any time before the end of the school day, including items served in the reimbursable After School Snack Program:
(1) Foods of minimal nutritional value, as defined by the United States Department of Agriculture;
(2) All food and beverage items listing sugar, in any form, as the first ingredient; and
(3) All forms of candy as defined by the New Jersey Department of Agriculture.
b. Schools shall reduce the purchase of any products containing trans fats beginning September 1, 2007.
c. As of September 2007, all snack and beverage items, sold or served anywhere on school property during the school day, including items sold in a la carte lines, vending machines, snack bars, school stores and fundraisers, or served in the reimbursable After School Snack Program, shall meet the following standards:
(1) Based on manufacturers' nutritional data or nutrient facts labels, no more than eight grams of total fat per serving, with the exception of nuts and seeds, and no more than two grams of saturated fat per serving;
(2) All beverages, other than milk containing two percent or less fat, or water, shall not exceed a 12-ounce portion size; and whole milk may not exceed an eight-ounce portion;
(3) In elementary schools, beverages shall be limited to milk, water or 100 percent fruit or vegetable juices;
(4) In middle and high schools, at least 60 percent of all beverages offered, other than milk or water, must be 100 percent fruit or vegetable juice; and
(5) In middle and high schools, no more than 40 percent of all ice cream and frozen desserts shall be allowed to exceed the above standards for sugar, fat and saturated fat.
d. Food and beverages served during special school celebrations or during curriculum-related activities shall be exempt from the provisions of this section, with the exception of foods of minimal nutritional value as defined by the United States Department of Agriculture.
e. The provisions of this section shall not apply to:
(1) Medically authorized special needs diets as defined by the United States Department of Agriculture;
(2) School nurses using foods of minimal nutritional value during the course of providing health care to individual students; or
(3) Special needs students whose Individual Education Plan indicates a particular diet.
f. As of September 2026, any school that participates in a federally funded or assisted meal program shall not serve, sell, or permit a third party to sell any ultraprocessed food on school property during the normal school day. This subsection shall not prohibit a parent or guardian from providing ultraprocessed food to their child during the school day.
(cf: P.L.2007, c.45, s.2)
3. (New Section) a. The Department of Education shall develop and make publicly available a standardized form that a public school may use to certify that it is in compliance with the requirements of subsection f. of section 2 of P.L.2007, c.45 (C.18A:33-16), prohibiting the service or sale of ultraprocessed food during the school day.
b. The department shall compile, maintain, and make publicly available on its Internet website a list of each public school that has submitted a certification pursuant to subsection a. of this section. The list shall be updated annually.
c. The department may take such actions as are necessary to verify the accuracy of a school's certification and may adopt rules and regulations, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), to effectuate the purposes of this section.
4. This act shall take effect immediately.
STATEMENT
This bill, designated the "NJ Healthy Schools Act," would prohibit, beginning in September 2026, any school participating in federally funded or assisted meal programs from serving, selling, or permitting a third party to sell ultraprocessed foods on school property during the school day. The bill would not restrict a parent or guardian from providing ultraprocessed food to their child.
The bill defines "ultraprocessed food" as any food or beverage containing certain chemical additives, including potassium bromate, propylparaben, titanium dioxide, brominated vegetable oil, and various synthetic dyes such as FD&C Yellow 5 and 6, Red 3 and 40, Green 3, and Blue 1 and 2. These substances are associated with potential health risks, particularly for children. By limiting access to foods containing these ingredients, the bill seeks to promote healthier eating environments in schools and protect student well-being.
To support implementation, the bill also requires the Department of Education to create a standardized compliance certification form that schools may use to attest they are following the law. The Department must also publish and maintain a publicly accessible list of all schools that have submitted this certification, updated annually.
