NY State Senate Bill 2011-S4552

Archive: Last Bill Status - In Senate Committee Education Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 04, 2012	referred to education
Apr 12, 2011	referred to education

co-Sponsors

2011-S4552 (ACTIVE) - Details

See Assembly Version of this Bill:: A6900
Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Add §915-a, Ed L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S3024, A10032
2015-2016: A5914
2017-2018: A5951
2019-2020: A2263
2021-2022: A5561

2011-S4552 (ACTIVE) - Summary

Relates to the sale of certain foods in vending machines on school grounds or property.

2011-S4552 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S4552

TITLE OF BILL:
An act
to amend the education law, in relation to
the sale of certain foods in vending machines on
school grounds or property

PURPOSE:
The purpose of this legislation is to combat childhood obesity by
providing nutritious foods and beverages in school vending machines.

SUMMARY OF PROVISIONS:
Section 1 amends the Education Law by adding a new Section 915-a. The
terms of any contract entered into between a school district and a
business or corporation for the operation of a vending machine or the
granting of exclusive rights, shall comply with the provisions of
this section. If a school district is a party to a contract which
provides for periodic renewals, the term of such renewal must comply
with the provisions of this section.

Section 2 establishes the effective date.

JUSTIFICATION:
President Obama signed the Child Nutrition Reauthorization Act of 2010
(Healthy, Hunger Free Kids Act of 2010) to the acclaim of health

experts, educational leaders, public officials and civic
organizations throughout the United States. The Act enable the United
States Department of Agriculture (USDA) to set nutritional standards
for all foods regularly sold in schools during the school day,
including vending machines.

The USDA has promulgated rules establishing these nutritional
standards and is now soliciting public comment. (Federal Register,
Volume 76, No.9, Part III, Department of Agriculture, January
13, 2011). The rules incorporate the Institute of Medicine's (I0M)
2009 Guidelines (formulated in partnership with the Centers for
Disease Control and Prevention) establishing nutritional standards
for school meals, foods and beverages that are sold in the schools.
The USDA has worked with I0M in the past, for example, it solicited
the IOM's expertise in
updating the food requirements for the Special Supplemental Nutrition
Program for Women, Infants and Children.

The need for healthy foods in schools is urgent; childhood obesity is
commonly acknowledged as a public health threat. It is also
recognized as a complex condition requiring a variety of approaches
to reduce, and hopefully eliminate it. One strategy is making healthy
foods available to students during the school day while eliminating
those foods with poor to no nutritional value.

In Connecticut, the availability of unhealthy foods was reduced in
school districts where state nutritional standards were implemented
for those foods sold outside of school meals. (The Impact of Removing
Snacks of Low Nutritional Value from Middle Schools, Society for
Public Health Education, Health Education & Behavior 2009, published


online February 2009,
http://heb.sagepub.com/cgi/content/abstract/36/999). Not only did
students consume healthier foods at school, they did not increase
their consumption of unhealthy foods at home.

Stocking foods with healthy nutritional standards in school vending
machines is not problematic for the National Automatic Merchandising
Association, NAMA. Vending machine providers have already launched a
Fit Pick Program whereby vending machine foods are lower in fat and
sugar incorporating the 35-10-25 ratio, which means no more than: 35%
of total calories from fat, 10% of calories from saturated fat, 35%
of total product weight from sugar.

This legislation would ensure that these nutritional standards are
adopted by the public school systems throughout the State as quickly
as possible.

LEGISLATIVE HISTORY:
2009-10: S.7756
2007-08: S.4940
2005-06: S.5446

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on July 1 after it has become law.

2011-S4552 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4552

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             April 12, 2011
                               ___________

Introduced  by  Sen. LAVALLE -- read twice and ordered printed, and when
  printed to be committed to the Committee on Education

AN ACT to amend the education law, in relation to the  sale  of  certain
  foods in vending machines on school grounds or property

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1.  The education law is amended by adding a new section 915-a
to read as follows:
  S 915-A.   VENDING MACHINES.  1.  SCHOOL  VENDING  MACHINES  SHALL  BE
STOCKED ONLY WITH FOOD AND BEVERAGES DESCRIBED IN THIS SUBDIVISION.
  (A)  FOR  ALL  STUDENTS,  ONLY THE FOLLOWING FOOD AND BEVERAGES MAY BE
PROVIDED IN VENDING MACHINES:
  (1) FRUITS, VEGETABLES, WHOLE GRAINS AND RELATED COMBINATION  PRODUCTS
AND  NON-FAT  AND LOW-FAT DAIRY THAT ARE LIMITED TO TWO HUNDRED CALORIES
OR FEWER PER PORTION AS PACKAGED AND CONTAIN:
  (I) NO MORE THAN THIRTY-FIVE PERCENT OF TOTAL CALORIES FROM FAT;
  (II) LESS THAN TEN PERCENT OF TOTAL CALORIES FROM SATURATED FATS;
  (III) ZERO TRANS FAT (LESS THAN OR EQUAL TO 0.5 GRAMS PER SERVING);
  (IV) THIRTY-FIVE PERCENT OR LESS OF CALORIES FROM TOTAL SUGARS, EXCEPT
FOR YOGURT WITH NO MORE THAN THIRTY GRAMS  OF  TOTAL  SUGARS  PER  EIGHT
OUNCE PORTION AS PACKAGED; AND
  (V)  A SODIUM CONTENT OF TWO HUNDRED MILLIGRAMS OR LESS PER PORTION AS
PACKAGED;
  (2) WATER WITHOUT FLAVORING, ADDITIVES OR CARBONATION;
  (3) ONE PERCENT AND NON-FAT MILK IN EIGHT OUNCE PORTIONS;
  (4) FLAVORED MILK WITH NO MORE THAN TWENTY-TWO GRAMS OF  TOTAL  SUGARS
PER EIGHT OUNCE PORTION;
  (5) ONE HUNDRED PERCENT FRUIT JUICE IN FOUR OUNCE PORTIONS FOR ELEMEN-
TARY AND MIDDLE SCHOOLS AND EIGHT OUNCE PORTIONS FOR HIGH SCHOOLS; AND
  (6)  CAFFEINE-FREE  BEVERAGES,  WITH THE EXCEPTION OF TRACE AMOUNTS OF
NATURALLY OCCURRING CAFFEINE SUBSTANCES;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10503-01-1

S. 4552                             2

  (B) FOR HIGH SCHOOL STUDENTS AFTER SCHOOL, ONLY THE FOLLOWING FOOD AND
BEVERAGES MAY BE PROVIDED IN VENDING MACHINES:
  (1) FOODS THAT DO NOT EXCEED TWO HUNDRED CALORIES PER PORTION AS PACK-
AGED AND CONTAIN:
  (I) NO MORE THAN THIRTY-FIVE PERCENT OF TOTAL CALORIES FROM FAT;
  (II) LESS THAN TEN PERCENT OF TOTAL CALORIES FROM SATURATED FATS;
  (III) ZERO TRANS FAT (LESS THAN OR EQUAL TO 0.5 GRAMS PER PORTION);
  (IV) THIRTY-FIVE PERCENT OR LESS OF CALORIES FROM TOTAL SUGARS; AND
  (V)  A SODIUM CONTENT OF TWO HUNDRED MILLIGRAMS OR LESS PER PORTION AS
PACKAGED; AND
  (2) NON-CAFFEINATED, NON-FORTIFIED  BEVERAGES  WITH  FEWER  THAN  FIVE
CALORIES PER PORTION AS PACKAGED (WITH OR WITHOUT NON-NUTRITIVE SWEETEN-
ERS, CARBONATION OR FLAVORING).
  2.  THE  TERMS  OF ANY CONTRACT ENTERED INTO BETWEEN A SCHOOL DISTRICT
AND A BUSINESS OR CORPORATION FOR THE OPERATION OF A VENDING MACHINE FOR
THE SALE OF FOODS AND  BEVERAGES  TO  STUDENTS  SHALL  COMPLY  WITH  THE
PROVISIONS  OF THIS SECTION. IF A SCHOOL DISTRICT IS PARTY TO A CONTRACT
WHICH PROVIDES FOR, OR REQUIRES PERIODIC  RENEWAL,  THE  TERMS  OF  SUCH
RENEWAL SHALL COMPLY WITH THE PROVISIONS OF THIS SECTION.
  S  2.  This act shall take effect on the first of July next succeeding
the date on which it  shall  have  become  a  law  and  shall  apply  to
contracts entered into or renewed on or after such date.

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Senate Bill S4552

Sponsored By

Archive: Last Bill Status - In Senate Committee Education Committee

co-Sponsors

2011-S4552 (ACTIVE) - Details

2011-S4552 (ACTIVE) - Summary

2011-S4552 (ACTIVE) - Sponsor Memo

2011-S4552 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S4552

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Sponsored By

Kenneth P. LaValle

Archive: Last Bill Status - In Senate Committee Education Committee

co-Sponsors

Kemp Hannon

2011-S4552 (ACTIVE) - Details

2011-S4552 (ACTIVE) - Summary

2011-S4552 (ACTIVE) - Sponsor Memo

2011-S4552 (ACTIVE) - Bill Text download pdf

Comments