Bill Text: PA HB1572 | 2009-2010 | Regular Session | Amended

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Bill Title: Providing for school foods reform and imposing duties on schools relating to the sale of food and beverages and on the Department of Education and the Department of Health.

Spectrum: Slight Partisan Bill (Democrat 44-15)

Status: (Engrossed - Dead) 2010-11-15 - Referred to EDUCATION [HB1572 Detail]

Download: Pennsylvania-2009-HB1572-Amended.html

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PRIOR PRINTER'S NO. 1950 PRINTER'S NO. 4062
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1572 Session of2009
INTRODUCED BY GERBER, TURZAI, McGEEHAN, ADOLPH, BEYER, BISHOP, BRENNAN, BRIGGS, CLYMER, CURRY, DePASQUALE, DiGIROLAMO, DONATUCCI, FRANKEL, FREEMAN, GEIST, GRUCELA, HARHAI, HESS, HORNAMAN, JOSEPHS, KORTZ, MAHONEY, MAJOR, MANDERINO, MANN, McILVAINE SMITH, MYERS, M. O'BRIEN, PALLONE, PAYTON, ROEBUCK, SANTARSIERO, SIPTROTH, M. SMITH, SWANGER, VULAKOVICH, WAGNER, WHITE, BENNINGHOFF, KESSLER, PRESTON, WALKO, PARKER, DRUCKER, BROWN, BRADFORD, STURLA, CREIGHTON, HELM, YUDICHAK, DEASY, JOHNSON, MURPHY, QUINN, KULA AND YOUNGBLOOD, JUNE 1, 2009
AS REPORTED FROM COMMITTEE ON HEALTH AND HUMAN SERVICES, HOUSE OF REPRESENTATIVES, AS AMENDED, JUNE 30, 2010
AN ACT
Amending Title 24 (Education) of the Pennsylvania Consolidated
Statutes, providing for school foods reform and imposing
duties on schools relating to the sale of food and beverages
and on the Department of Education and the Department of
Health.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 24 of the Pennsylvania Consolidated <--
Statutes is amended by adding a chapter to read:
CHAPTER 3
SCHOOL FOODS REFORM
§ 301. Findings and declarations.
The General Assembly finds and declares as follows:
(1) Childhood obesity has reached epidemic levels in
this Commonwealth and throughout the nation. Studies show
approximately 16.5% of American children are obese, and the
rates have doubled in children and tripled in teens over the
past two decades.
(2) Overweight and obese children are at a higher risk
for long-term health problems, including:
(i) Heart disease.
(ii) Stroke.
(iii) Type 2 diabetes.
(iv) Certain cancers.
(v) High blood pressure.
(vi) Gallbladder disease.
(3) Childhood obesity significantly increases the risk
of obesity in adulthood. In addition, the lives of overweight
youth are also often affected by:
(i) Discrimination.
(ii) Psychological stress.
(iii) Poor body image.
(iv) Low self-esteem.
(4) Two-thirds of deaths in this Commonwealth result
from four chronic diseases:
(i) Heart disease.
(ii) Cancer.
(iii) Stroke.
(iv) Diabetes.
(5) Health experts agree one of the most effective ways
to prevent these four chronic diseases is to establish
policies and programs to help children and adolescents
develop healthy eating and physical activity habits they can
maintain throughout their lives.
(6) A child who is physically healthy is more likely to
20090HB1572PN4062 - 2 -
be academically motivated, alert and successful. Good
nutrition plays an important role in learning and cognitive
development. Inadequate diet and hunger have been found to
adversely influence the ability to learn and to decrease
motivation and attentiveness.
(7) The school environment significantly influences the
foods children eat nearly every day. While the United States
Department of Agriculture (USDA) regulates the nutritional
quality of meals sold under its reimbursable school lunch and
breakfast programs, similar standards do not exist for foods
and beverages sold individually outside the USDA meal
programs. This includes foods sold through vending machines,
a la carte lines, fundraisers and school stores. These foods
are often high in added sugars, salt or saturated fats and
trans fats.
(8) Only 2% of children two to 19 years of age meet the
five main recommendations for a healthy diet from the USDA.
Soft drink consumption has doubled over the last 30 years.
USDA surveys have found that children two to 18 years of age
consumed an average of 118 more calories per day in 1996 than
they did in 1978. According to the USDA, the increases are
largely driven by increased intake of foods and beverages
high in added sugars, especially sodas, fruit drinks, cookies
and other sweet baked goods. Only one-third of children eat
the recommended amount of fruit, and about three-quarters of
school-age children consume too much saturated fat and sodium
and not enough fiber.
(9) Nutrition-poor foods in schools undermine parents'
efforts to feed their children well. Parents entrust schools
with the care of their children during the school day.
20090HB1572PN4062 - 3 -
Without their parents' knowledge, some children spend their
lunch money on low-nutrition foods from vending machines and
a la carte lines, rather than on balanced school meals.
(10) Schools are switching to the sale of healthier
foods without losing revenue. The USDA and the Centers for
Disease Control and Prevention (CDC) studied 17 schools and
school districts reporting income data after improving the
nutritional quality of school foods and beverages. After
improving their school foods, 12 schools and school districts
increased their revenue and four reported no change.
§ 302. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"A la carte line." The portion of the school selling
individual items, as opposed to a complete meal.
"Individual item." Separately priced, nonvending machine
food or beverage sold or served outside of reimbursable school
meal programs in schools.
"Nutritionally equivalent nondairy beverages." A liquid
fortified with calcium, protein, vitamin A, vitamin D,
riboflavin, vitamin B12, magnesium, phosphorus and potassium to
ensure it has the same nutritional value as a cup of milk.
"School day." The period of time between the arrival of the
first student at the school building and the end of the last
instructional period. The term shall also include the time
before or after the official school day, including, but not
limited to, clubs, yearbook, band and choir practice, student
government, drama, sports practices, letter and intramural
sports and child-care programs.
20090HB1572PN4062 - 4 -
"Snack items." A food generally regarded as supplementing a
meal, including, but not limited to, fruits, vegetables,
yogurts, puddings, soups, cheeses, snack chips, pretzels,
crackers, popcorn, nuts, seeds, french fries, onion rings,
pastries, dried meat snacks, granola bars, energy bars,
breakfast bars, cookies, brownies, snack cakes, candy,
doughnuts, ice cream, frozen yogurt, frozen fruit bars and other
similar foods.
"USDA." The United States Department of Agriculture.
§ 303. Nutritional standards for foods and beverages sold
individually on school grounds during the school day.
(a) Sales on school grounds.--The sale of foods on school
grounds shall meet the standards in sections 304 (relating to
beverages) and 305 (relating to foods).
(b) Foods sold outside of reimbursable school meals.--Food
or beverages served or sold through vending machines, cafeteria
a la carte lines, fundraisers and school stores at elementary
and secondary schools on campus throughout the school day shall
meet the standards in subsections (c) and (d) and sections 304
(relating to beverages) and 305 (relating to foods).
(c) Elementary schools.--Food and beverage available to
students in elementary schools shall meet the standards in
sections 304 (relating to beverages) and 305 (relating to
foods). Food in elementary schools should be provided as
balanced meals. If available, foods and beverages sold
individually should be limited to lowfat and nonfat milk, fruits
and nonfried vegetables.
(d) Middle, junior high and high schools.--In middle, junior
high and high schools, individual items sold outside the
reimbursable school meal programs, including, but not limited
20090HB1572PN4062 - 5 -
to, items sold through a la carte lines, vending machines,
student stores or fundraising activities, during the school day
or through programs for students after the school day, will meet
the nutrition and portion size standards set forth in sections
304 and 305.
§ 304. Beverages.
(a) Beverages allowed.--The following beverages shall be for
sale in schools:
(1) Water or seltzer water without added caloric
sweeteners.
(2) Fruit and vegetable juices and fruit-based drinks
which are eight ounces or less, containing 100% fruit juice
and no additional caloric sweeteners.
(3) Unflavored or flavored lowfat or fat-free fluid milk
and nutritionally equivalent nondairy beverages which are
eight ounces or less as defined by the USDA.
(b) Beverages not allowed.--The following beverages shall
not be for sale in schools:
(1) Soft drinks containing caloric sweeteners.
(2) Sports drinks.
(3) Iced teas.
(4) Fruit-based drinks that contain less than 100% fruit
juice or that contain additional caloric sweeteners.
(5) Beverages containing caffeine, excluding lowfat or
fat-free chocolate milk.
§ 305. Foods.
(a) Prohibitions.--A food item sold individually shall have
no more than 100 calories:
(1) Thirty percent of its calories from fat, excluding
nuts, seeds, peanut butter and other nut butters and 10% of
20090HB1572PN4062 - 6 -
its calories from saturated fats.
(2) Thirty-five percent of its weight from added sugars.
If a food manufacturer fails to provide the added sugar
content of a food item, schools may use the percentage of
weight from total sugars and exempt fruits, vegetables and
dairy foods from this total sugar limit.
(3) Two hundred and thirty milligrams of sodium per
serving for chips, cereals, crackers, french fries, baked
goods and other snack items.
(4) Four hundred and eighty milligrams of sodium per
serving for pastas, meats and soups.
(5) Six hundred milligrams of sodium for pizza,
sandwiches and main dishes.
(6) Zero grams of trans fats as labeled.
(b) Requirements.--A choice of at least two fruits and
nonfried vegetables shall be offered for sale where foods are
sold at the school. The items may include, but not be limited
to:
(1) Fresh fruits and vegetables.
(2) Fruit-based drinks that are at least 100% fruit
juice and that do not contain additional caloric sweeteners.
(3) Cooked, dried or canned fruits in fruit juice or
light syrup that contain fewer than 100 calories per serving.
(4) Cooked, dried or canned vegetables that contain fewer
than 100 calories per serving and that meet the fat and
sodium guidelines.
Schools with vending machines are encouraged to include
refrigerated snack vending machines which accommodate fruits,
vegetables, yogurts and other perishable items.
Section 2. This act shall take effect in 60 days.
20090HB1572PN4062 - 7 -
Section 1. Title 24 of the Pennsylvania Consolidated <--
Statutes is amended by adding a chapter to read:
CHAPTER 3
SCHOOL FOODS REFORM
§ 301. Findings and declarations.
The General Assembly finds and declares as follows:
(1) Childhood obesity has reached epidemic levels in
this Commonwealth and throughout the nation. Studies show
approximately 16.5% of American children are obese, and the
rates have doubled in children and tripled in teens over the
past two decades.
(2) Overweight and obese children are at a higher risk
for long-term health problems, including:
(i) Heart disease.
(ii) Stroke.
(iii) Type 2 diabetes.
(iv) Certain cancers.
(v) High blood pressure.
(vi) Gallbladder disease.
(3) Childhood obesity significantly increases the risk
of obesity in adulthood. In addition, the lives of overweight
youth are also often affected by:
(i) Discrimination.
(ii) Psychological stress.
(iii) Poor body image.
(iv) Low self-esteem.
(4) Two-thirds of deaths in this Commonwealth result
from four chronic diseases:
(i) Heart disease.
(ii) Cancer.
20090HB1572PN4062 - 8 -
(iii) Stroke.
(iv) Diabetes.
(5) Health experts agree one of the most effective ways
to prevent these four chronic diseases is to establish
policies and programs to help children and adolescents
develop healthy eating and physical activity habits they can
maintain throughout their lives.
(6) A child who is physically healthy is more likely to
be academically motivated, alert and successful. Good
nutrition plays an important role in learning and cognitive
development. Inadequate diet and hunger have been found to
adversely influence the ability to learn and to decrease
motivation and attentiveness.
(7) The school environment significantly influences the
foods children eat nearly every day. While the United States
Department of Agriculture (USDA) regulates the nutritional
quality of meals sold under its reimbursable school lunch and
breakfast programs, similar standards do not exist for foods
and beverages sold individually outside the USDA meal
programs. This includes foods sold through vending machines,
a la carte lines, fundraisers and school stores. These foods
are often high in added sugars, salt or saturated fats and
trans fats.
(8) Only 2% of children two to 19 years of age meet the
five main recommendations for a healthy diet from the USDA.
Soft drink consumption has doubled over the last 30 years.
USDA surveys have found that children two to 18 years of age
consumed an average of 118 more calories per day in 1996 than
they did in 1978. According to the USDA, the increases are
largely driven by increased intake of foods and beverages
20090HB1572PN4062 - 9 -
high in added sugars, especially sodas, fruit drinks, cookies
and other sweet baked goods. Only one-third of children eat
the recommended amount of fruit, and about three-quarters of
school-age children consume too much saturated fat and sodium
and not enough fiber.
(9) Nutrition-poor foods in schools undermine parents'
efforts to feed their children well. Parents entrust schools
with the care of their children during the school day.
Without their parents' knowledge, some children spend their
lunch money on low-nutrition foods from vending machines and
a la carte lines, rather than on balanced school meals.
(10) Schools are switching to the sale of healthier
foods without losing revenue. The USDA and the Centers for
Disease Control and Prevention (CDC) studied 17 schools and
school districts reporting income data after improving the
nutritional quality of school foods and beverages. After
improving their school foods, 12 schools and school districts
increased their revenue and four reported no change.
§ 302. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"A la carte line." The portion of the school selling
individual items, as opposed to a complete meal.
"A la carte entrée." A main dish sold outside of the
reimbursable school meal program. A la carte entrées include,
but are not limited to, items such as sandwiches, wraps, pizzas
and salads. The term a la carte entrée shall not include side
dishes, snacks or other individually sold items.
"Individual item." Separately priced food or beverage sold
20090HB1572PN4062 - 10 -
or served outside of reimbursable school meal programs in
schools.
"Nutritionally equivalent nondairy beverages." A liquid
fortified with calcium, protein, vitamin A, vitamin D,
riboflavin, vitamin B12, magnesium, phosphorus and potassium to
ensure it has the same nutritional value as a cup of milk.
"School day." The period of time between the arrival of the
first student at the school building and the end of the last
instructional period. The term shall not include periods of time
before or after the school day which are commonly used for
extracurricular activities such as clubs, yearbook, band, choir,
student government, drama and sports.
"Snack items." A food generally regarded as supplementing a
meal, including, but not limited to, fruits, vegetables,
yogurts, puddings, soups, cheeses, snack chips, pretzels,
crackers, popcorn, nuts, seeds, french fries, onion rings,
pastries, dried meat snacks, granola bars, energy bars,
breakfast bars, cookies, brownies, snack cakes, candy,
doughnuts, ice cream, frozen yogurt, frozen fruit bars and other
similar foods.
"USDA." The United States Department of Agriculture.
§ 303. Nutritional standards for foods and beverages sold
individually on school grounds during the school day.
(a) Sales on school grounds.--The sale of foods on school
grounds during the school day shall meet the standards in
sections 304 (relating to beverages) and 305 (relating to
foods).
(b) Foods sold outside of reimbursable school meals.--Food
or beverages served or sold through vending machines, cafeteria
a la carte lines, fundraisers and school stores at elementary
20090HB1572PN4062 - 11 -
and secondary schools on campus throughout the school day shall
meet the standards in subsections (c) and (d) and sections 304
and 305.
(c) Elementary schools.--Food and beverages available to
students in elementary schools shall meet the standards in
sections 304 and 305.
(d) Middle, junior high and high schools.--In middle, junior
high and high schools, individual items sold outside the
reimbursable school meal programs, including, but not limited
to, items sold through a la carte lines, vending machines,
student stores or fundraising activities, shall meet the
nutrition and portion size standards set forth in sections 304
and 305.
§ 304. Beverages.
(a) ELEMENTARY SCHOOLS.--The following beverages shall be
permitted for sale in elementary schools:
(1) Bottled water or bottled seltzer water without added
caloric sweeteners.
(2) Fruit and vegetable juices and fruit-based drinks
which are eight ounces or less, containing 100% fruit juice
and no additional caloric sweeteners and up to 120 calories.
(3) Unflavored or flavored lowfat or fat-free fluid milk
and nutritionally equivalent nondairy beverages, as defined
by the USDA, which are eight ounces or less.
(b) MIDDLE SCHOOLS.--The following beverages shall be
permitted for sale in middle schools:
(1) Bottled water or bottled seltzer water without added
caloric sweeteners.
(2) Fruit and vegetable juices and fruit-based drinks
which are ten ounces or less, containing 100% fruit juice
20090HB1572PN4062 - 12 -
with no added sweeteners and up to 120 calories.
(3) Unflavored or flavored lowfat or fat-free fluid milk
and nutritionally equivalent nondairy beverages, as defined
by the USDA, which are ten ounces or less.
(c) HIGH SCHOOLS.--The following beverages shall be
permitted for sale in high schools:
(1) Bottled water or bottled seltzer water without added
caloric sweeteners.
(2) Fruit and vegetable juices and fruit-based drinks
which are 12 ounces or less, containing 100% fruit juice with
no added sweeteners and up to 120 calories.
(3) Unflavored or flavored lowfat or fat-free fluid milk
and nutritionally equivalent nondairy beverages, as defined
by the USDA, which are 12 ounces or less.
(4) Noncarbonated beverages with no more than 66
calories per eight ounces.
(d) Beverages not allowed.--The following beverages shall
not be for sale in schools:
(1) Soft drinks containing caloric sweeteners.
(2) Sports drinks that do not meet the guidelines
established in this section.
(3) Iced teas that do not meet the guidelines
established in this section.
(4) Fruit-based drinks that contain less than 100% fruit
juice or that contain additional caloric sweeteners.
(5) Beverages containing caffeine, excluding lowfat or
fat-free chocolate milk.
§ 305. Foods.
(a) Prohibitions.--With the exception of a la carte entrees,
a food item sold individually during the school day shall meet
20090HB1572PN4062 - 13 -
the following standards:
(1) Contain less than or equal to 150 calories.
(2) Contain less than or equal to 30% of its calories
from fat, excluding nuts, seeds, peanut butter and other nut
butters and 10% of its calories from saturated fats.
(3) Contain less than or equal to 35% of its weight from
added sugars. If a food manufacturer fails to provide the
added sugar content of a food item, schools may use the
percentage of weight from total sugars and exempt fruits,
vegetables and dairy foods from this total sugar limit.
(4) Contain less than or equal to 230 milligrams of
sodium per serving for chips, cereals, crackers, french
fries, baked goods and other snack items.
(5) Contain zero grams of trans fats as labeled.
(b) A la carte entrées.--Each a la carte entrée shall meet
the following criteria:
(1) Contain less than or equal to 450 calories.
(2) Contain less than or equal to 35% of its calories
from fat.
(3) Contain less than or equal to 10% of its calories
from saturated fat.
(4) Contain less than or equal to 600 milligrams of
sodium.
(5) Contain less than or equal to 35% of its weight from
added sugars. If a food manufacturer fails to provide the
added sugar content of a food item, schools may use the
percentage of weight from total sugars and exempt fruits,
vegetables and dairy foods from this total sugar limit.
(6) Contain zero grams of trans fat as labeled.
(c) Requirements.--A choice of at least two fruits and
20090HB1572PN4062 - 14 -
nonfried vegetables shall be offered for sale where foods are
sold at the school. The items may include, but not be limited
to:
(1) Fresh fruits and vegetables.
(2) Fruit-based drinks that contain 100% fruit juice and
that do not contain additional caloric sweeteners.
(3) Cooked, dried or canned fruit products whether or
not contained in fruit juice or light syrup that contain
fewer than 150 calories per serving.
(4) Cooked, dried or canned vegetables that contain
fewer than 150 calories per serving and that meet the fat and
sodium guidelines.
Schools with vending machines are encouraged to include
refrigerated snack vending machines which accommodate fruits,
vegetables, yogurts and other perishable items.
Section 2. This act shall take effect January 30, 2011.
20090HB1572PN4062 - 15 -