Bill Text: TX SB1786 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to the restriction of certain foods at public schools.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-03-25 - Referred to Education [SB1786 Detail]
Download: Texas-2013-SB1786-Introduced.html
83R9973 VOO-F | ||
By: Lucio | S.B. No. 1786 |
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relating to the restriction of certain foods at public schools. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Title 2, Agriculture Code, is amended by adding | ||
Chapter 15A to read as follows: | ||
CHAPTER 15A. PUBLIC SCHOOL NUTRITION POLICY | ||
Sec. 15A.001. DEFINITIONS. In this chapter: | ||
(1) "Competitive food" means a food or beverage | ||
provided or made available to public school students other than | ||
that provided or made available under the national school | ||
breakfast, school lunch, or after-school snack program, including a | ||
food or beverage provided or made available in a vending machine or | ||
in a school store. | ||
(2) "Whole grain food" means a grain or bread product | ||
that contains the statement "Diets rich in whole grain foods and | ||
other plant foods and low in total fat, saturated fat, and | ||
cholesterol may help reduce the risk of heart disease and certain | ||
cancers" and includes: | ||
(A) a whole grain as the first listed ingredient; | ||
or | ||
(B) an amount of whole grains that, when | ||
combined, represents at least 51 percent of total grain weight. | ||
Sec. 15A.002. ACCESS TO COMPETITIVE FOODS RESTRICTED. (a) | ||
An elementary school campus may not serve or provide access to a | ||
competitive food at any time during the school day, except as | ||
provided by Section 15A.003. | ||
(b) A middle school, junior high school, or high school | ||
campus may not serve or provide access to a competitive food at any | ||
time during the school day, except as provided by Section 15A.004. | ||
Sec. 15A.003. ELEMENTARY SCHOOL NUTRITION RESTRICTIONS ON | ||
COMPETITIVE FOODS. An elementary school campus may serve or | ||
provide access to the following competitive foods during the school | ||
day: | ||
(1) the following foods that do not contain added | ||
sugar or fat: | ||
(A) nut butters; | ||
(B) individually sold portions of nuts; | ||
(C) seeds; | ||
(D) eggs; | ||
(E) cheese packaged for individual sale; | ||
(F) fruit not listed in Subdivision (3); | ||
(G) non-fried vegetables; or | ||
(H) legumes; | ||
(2) a dairy product or whole grain food that: | ||
(A) contains not more than 35 percent of calories | ||
from fat; | ||
(B) contains not more than 10 percent of calories | ||
from saturated fat; and | ||
(C) consists of not more than 35 percent sugar; | ||
(3) dried blueberries, cranberries, cherries, or | ||
tropical fruit; | ||
(4) fruit or vegetable juice that: | ||
(A) consists of not less than 50 percent juice; | ||
and | ||
(B) contains no added sweeteners; | ||
(5) cow or goat milk with a fat content of not more | ||
than two percent that: | ||
(A) contains vitamins A and D; | ||
(B) constitutes not less than 25 percent of the | ||
daily value of calcium, as provided by the United States Food and | ||
Drug Administration; and | ||
(C) contains not more than 28 grams of total | ||
sugar in each eight fluid ounces; | ||
(6) nondairy milk that: | ||
(A) contains vitamins A and D; | ||
(B) constitutes not less than 25 percent of the | ||
daily value of calcium, as provided by the United States Food and | ||
Drug Administration; | ||
(C) contains not more than 28 grams of total | ||
sugar in each eight fluid ounces; and | ||
(D) contains not more than five grams of fat in | ||
each eight fluid ounces; or | ||
(7) water with no added sweeteners. | ||
Sec. 15A.004. MIDDLE SCHOOL, JUNIOR HIGH SCHOOL, AND HIGH | ||
SCHOOL NUTRITION RESTRICTIONS ON COMPETITIVE FOODS. (a) A middle | ||
school, junior high school, or high school campus may serve or | ||
provide access to the following competitive foods during the school | ||
day: | ||
(1) a snack food, as determined by the commissioner, | ||
that: | ||
(A) contains not more than 35 percent of calories | ||
from fat; | ||
(B) contains not more than 10 percent of calories | ||
from saturated fat; | ||
(C) consists of not more than 35 percent sugar; | ||
and | ||
(D) contains not more than 250 calories in each | ||
container; | ||
(2) an entree food, as determined by the commissioner, | ||
that contains: | ||
(A) not more than 400 calories; | ||
(B) not more than four grams of fat in each 100 | ||
calories of the entree food; and | ||
(C) meat or a meat alternative alone or is made up | ||
of not less than two of the following: | ||
(i) a meat or meat alternative; | ||
(ii) a fruit or vegetable; or | ||
(iii) a grain or bread; | ||
(3) notwithstanding Subdivisions (1) and (2): | ||
(A) nuts, nut butters, seeds, or legumes with any | ||
fat content; | ||
(B) eggs or cheese packaged for individual sale | ||
with any fat or saturated fat content; or | ||
(C) fruit or non-fried vegetables with any fat or | ||
sugar content; | ||
(4) fruit or vegetable juice that: | ||
(A) consists of not less than 50 percent juice; | ||
and | ||
(B) contains no added sweeteners; | ||
(5) cow or goat milk with a fat content of not more | ||
than two percent that: | ||
(A) contains vitamins A and D; | ||
(B) constitutes not less than 25 percent of the | ||
daily value of calcium, as provided by the United States Food and | ||
Drug Administration; and | ||
(C) contains not more than 28 grams of total | ||
sugar in each eight fluid ounces; | ||
(6) nondairy milk that: | ||
(A) contains vitamins A and D; | ||
(B) constitutes not less than 25 percent of the | ||
daily value of calcium, as provided by the United States Food and | ||
Drug Administration; | ||
(C) contains not more than 28 grams of total | ||
sugar in each eight fluid ounces; and | ||
(D) contains not more than five grams of fat in | ||
each eight fluid ounces; | ||
(7) an electrolyte replacement beverage that | ||
contains: | ||
(A) water as the primary ingredient; | ||
(B) not more than 2.1 grams of added sweetener in | ||
each fluid ounce; | ||
(C) not less than 10 and not more than 150 | ||
milligrams of sodium in each eight fluid ounces; | ||
(D) not less than 10 and not more than 90 | ||
milligrams of potassium in each eight fluid ounces; and | ||
(E) no added caffeine; or | ||
(8) water with no added sweeteners. | ||
(b) A middle school, junior high school, or high school | ||
campus may not serve or provide access to a competitive food that | ||
contains vegetable shortening, margarine, or any kind of partially | ||
hydrogenated vegetable oil, unless the total trans fat content is | ||
less than one-half gram of trans fat in each serving. | ||
(c) A middle school, junior high school, or high school | ||
campus may serve or provide access to a competitive food otherwise | ||
restricted under this section during a school-sponsored event that | ||
occurs on campus immediately after the school day ends. | ||
Sec. 15A.005. RULES. The commissioner shall adopt rules to | ||
administer this chapter. | ||
SECTION 2. As soon as practicable after the effective date | ||
of this Act, the commissioner of agriculture shall adopt any rules | ||
necessary to implement this Act. | ||
SECTION 3. This Act applies beginning with the 2013-2014 | ||
school year. | ||
SECTION 4. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2013. |