LBD07804-01-7
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(C) "BEVERAGE DISPENSING MACHINE" MEANS A DEVICE THAT MIXES CONCEN-
TRATE WITH ANY ONE OR MORE OTHER INGREDIENTS AND DISPENSES THE RESULTING
MIXTURE INTO AN OPEN CONTAINER AS A READY-TO-DRINK BEVERAGE.
(D) "CALORIC SWEETENER" MEANS ANY CALORIC SUBSTANCE SUITABLE FOR HUMAN
CONSUMPTION THAT HUMANS PERCEIVE AS SWEET AND INCLUDES, WITHOUT LIMITA-
TION, SUCROSE, FRUCTOSE, INCLUDING HIGH FRUCTOSE CORN SWEETENER,
GLUCOSE, OTHER SUGARS, AND FRUIT JUICE CONCENTRATES. "CALORIC" MEANS A
SUBSTANCE THAT ADDS CALORIES TO THE DIET OF A PERSON WHO CONSUMES THAT
SUBSTANCE.
(E) "CONCENTRATE" MEANS A SYRUP, POWDER, OR BASE PRODUCT THAT IS USED
FOR MIXING, COMPOUNDING, OR MAKING SWEETENED BEVERAGES IN A BEVERAGE
DISPENSING MACHINE. FOR PURPOSES OF THIS PART, "CONCENTRATE" DOES NOT
INCLUDE ANY OF THE FOLLOWING:
(1) ANY PRODUCT THAT IS SOLELY USED IN PREPARING COFFEE OR TEA.
(2) ANY PRODUCT FOR CONSUMPTION BY INFANTS AND WHICH IS COMMONLY
REFERRED TO AS "INFANT FORMULA."
(3) ANY PRODUCT FOR USE FOR WEIGHT REDUCTION.
(4) MILK OR MILK PRODUCTS.
(5) ANY FROZEN CONCENTRATE OR FREEZE-DRIED CONCENTRATE TO WHICH ONLY
WATER IS ADDED TO PRODUCE A SWEETENED BEVERAGE CONTAINING MORE THAN
FIFTY PERCENT NATURAL FRUIT JUICE OR MORE THAN FIFTY PERCENT NATURAL
VEGETABLE JUICE OR MORE THAN FIFTY PERCENT COMBINED NATURAL FRUIT JUICE
AND NATURAL VEGETABLE JUICE.
(6) ANY PRODUCT THAT IS SOLD AND IS INTENDED TO BE USED FOR THE
PURPOSE OF AN INDIVIDUAL CONSUMER MIXING A SWEETENED BEVERAGE.
(7) MEDICAL FOOD.
(8) ANY PRODUCT TO WHICH NO CALORIC SWEETENERS HAVE BEEN ADDED.
(F) "CONSUMER" MEANS A PERSON WHO PURCHASES A BOTTLED SWEETENED BEVER-
AGE OR CONCENTRATE FOR A PURPOSE OTHER THAN RESALE IN THE ORDINARY
COURSE OF BUSINESS.
(G) "DISTRIBUTION" INCLUDES:
(1) THE SALE OF BOTTLED SWEETENED BEVERAGES OR CONCENTRATE TO A
RETAILER.
(2) THE RECEIPT OF UNTAXED BOTTLED SWEETENED BEVERAGES OR CONCENTRATE
IN THIS STATE FROM AN UNREGISTERED OUT-OF-STATE DISTRIBUTOR BY A RETAIL-
ER.
(3) THE RETAIL SALE OF UNTAXED BOTTLED SWEETENED BEVERAGES, SWEETENED
BEVERAGES, OR CONCENTRATE IN THIS STATE.
(4) THE USE OR CONSUMPTION OF UNTAXED BOTTLED SWEETENED BEVERAGES OR
CONCENTRATE IN THIS STATE BY A DISTRIBUTOR OR RETAILER. FOR PURPOSES OF
THIS PARAGRAPH, "USE OR CONSUMPTION" INCLUDES THE EXERCISE OF ANY RIGHT
OR POWER OVER BOTTLED SWEETENED BEVERAGES OR CONCENTRATE INCIDENT TO THE
OWNERSHIP THEREOF, EXCEPT THAT IT DOES NOT INCLUDE THE SALE OF THAT
PROPERTY OR THE KEEPING OR RETENTION THEREOF BY A DISTRIBUTOR OR RETAIL-
ER FOR THE PURPOSE OF SALE.
(H) "DISTRIBUTOR" MEANS ANY PERSON WHO MAKES A DISTRIBUTION OF BOTTLED
SWEETENED BEVERAGES, SWEETENED BEVERAGES, OR CONCENTRATE IN THE STATE,
WHETHER OR NOT THAT PERSON ALSO SELLS THESE PRODUCTS TO CONSUMERS.
(I) "MEDICAL FOOD" MEANS ANY PRODUCT THAT MEETS THE DEFINITION OF
MEDICAL FOOD IN THE FEDERAL FOOD, DRUG, AND COSMETIC ACT (21 U.S.C. SEC.
360EE(B)(3)).
(J) "MILK" MEANS NATURAL LIQUID MILK, REGARDLESS OF ANIMAL SOURCE OR
BUTTERFAT CONTENT, NATURAL MILK CONCENTRATE, WHETHER OR NOT RECONSTI-
TUTED, REGARDLESS OF ANIMAL SOURCE, PLANT SOURCE, OR BUTTERFAT CONTENT,
OR DEHYDRATED NATURAL MILK, WHETHER OR NOT RECONSTITUTED AND REGARDLESS
OF ANIMAL SOURCE OR BUTTERFAT CONTENT.
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(K) "NATURAL FRUIT JUICE" MEANS THE ORIGINAL LIQUID RESULTING FROM THE
PRESSING OF FRUIT, THE LIQUID RESULTING FROM THE RECONSTITUTION OF
NATURAL FRUIT JUICE CONCENTRATE, OR THE LIQUID RESULTING FROM THE RESTO-
RATION OF WATER TO DEHYDRATED NATURAL FRUIT JUICE.
(L) "NATURAL VEGETABLE JUICE" MEANS THE ORIGINAL LIQUID RESULTING FROM
THE PRESSING OF VEGETABLES, THE LIQUID RESULTING FROM THE RECONSTITUTION
OF NATURAL VEGETABLE JUICE CONCENTRATE, OR THE LIQUID RESULTING FROM THE
RESTORATION OF WATER TO DEHYDRATED NATURAL VEGETABLE JUICE.
(M) "NONALCOHOLIC BEVERAGE" MEANS ANY BEVERAGE THAT DOES NOT CONTAIN
ALCOHOL.
(N) "PERSON" MEANS AN INDIVIDUAL, TRUST, FIRM, JOINT STOCK COMPANY,
BUSINESS CONCERN, BUSINESS TRUST, RECEIVER, TRUSTEE, SYNDICATE, SOCIAL
CLUB, FRATERNAL ORGANIZATION, ESTATE, CORPORATION, INCLUDING, BUT NOT
LIMITED TO, A GOVERNMENT CORPORATION, PARTNERSHIP, LIMITED LIABILITY
COMPANY, AND ASSOCIATION OR ANY OTHER GROUP OR COMBINATION ACTING AS A
UNIT. "PERSON" ALSO INCLUDES ANY CITY, COUNTY, CITY AND COUNTY,
DISTRICT, COMMISSION, THE STATE, OR ANY DEPARTMENT, AGENCY, OR POLITICAL
SUBDIVISION THEREOF, ANY INTERSTATE BODY, AND THE UNITED STATES AND ITS
AGENCIES AND INSTRUMENTALITIES TO THE EXTENT PERMITTED BY LAW.
(O) "POWDER" OR "BASE PRODUCT" MEANS A SOLID OR LIQUID MIXTURE OF
INGREDIENTS WITH ADDED CALORIC SWEETENER USED IN MAKING, MIXING, OR
COMPOUNDING SWEETENED BEVERAGES BY MIXING THE POWDER OR BASE PRODUCT
WITH ANY ONE OR MORE OTHER INGREDIENTS, INCLUDING, WITHOUT LIMITATION,
WATER, ICE, SYRUP, SIMPLE SYRUP, FRUITS, VEGETABLES, FRUIT JUICE, VEGE-
TABLE JUICE, OR CARBONATION OR OTHER GAS.
(P) "RETAIL SALE" MEANS THE SALE OF SWEETENED BEVERAGES TO A CONSUMER.
(Q) "RETAILER" MEANS ANY PERSON WHO SELLS IN THIS STATE SWEETENED
BEVERAGES TO A CONSUMER, WHETHER OR NOT THAT PERSON IS ALSO A DISTRIBU-
TOR AS DEFINED IN THIS SECTION.
(R) "SALE" MEANS THE TRANSFER OF TITLE OR POSSESSION FOR CONSIDERATION
IN ANY MANNER OR BY ANY MEANS WHATEVER.
(S) "SIMPLE SYRUP" MEANS A MIXTURE OF SUGAR AND WATER.
(T) (1) "SWEETENED BEVERAGE" MEANS ANY SWEETENED NONALCOHOLIC BEVERAGE
SOLD FOR HUMAN CONSUMPTION THAT HAS CALORIC SWEETENERS AND CONTAINS MORE
THAN TWENTY-FIVE CALORIES PER TWELVE OUNCES, INCLUDING, BUT NOT LIMITED
TO, THE FOLLOWING: SODA WATER, GINGER ALE, ROOT BEER, ALL BEVERAGES
COMMONLY REFERRED TO AS COLA, LIME, LEMON, LEMON-LIME, AND OTHER
FLAVORED BEVERAGES, INCLUDING ANY FRUIT OR VEGETABLE BEVERAGE CONTAINING
LESS THAN FIFTY PERCENT NATURAL FRUIT JUICE OR NATURAL VEGETABLE JUICE
OR COMBINED NATURAL FRUIT JUICE AND NATURAL VEGETABLE JUICE, AND ALL
OTHER DRINKS AND BEVERAGES COMMONLY REFERRED TO AS "SODA," "SODA POP,"
"SOFT DRINKS," "SPORTS DRINKS," "ENERGY DRINKS," "JUICE DRINKS," "ICE
TEAS," AND "VITAMIN FORTIFIED WATERS."
(2) "SWEETENED BEVERAGE" DOES NOT INCLUDE ANY OF THE FOLLOWING:
(A) ANY PRODUCT SOLD IN LIQUID FORM FOR CONSUMPTION BY INFANTS, WHICH
IS COMMONLY REFERRED TO AS "INFANT FORMULA" OR ANY PRODUCT WHOSE PURPOSE
IS INFANT REHYDRATION.
(B) ANY PRODUCT SOLD IN LIQUID FORM FOR USE FOR WEIGHT REDUCTION.
(C) WATER, TO WHICH NO CALORIC SWEETENERS HAVE BEEN ADDED.
(D) MILK OR MILK PRODUCTS.
(E) MEDICAL FOOD.
(F) ANY SWEETENED BEVERAGE CONTAINING FIFTY PERCENT OR MORE OF NATURAL
FRUIT JUICE OR NATURAL VEGETABLE JUICE OR COMBINED NATURAL FRUIT JUICE
AND NATURAL VEGETABLE JUICE.
(U) "SYRUP" MEANS THE LIQUID MIXTURE OF INGREDIENTS USED IN MAKING,
MIXING, OR COMPOUNDING SWEETENED BEVERAGES USING ONE OR MORE OTHER
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INGREDIENTS INCLUDING, WITHOUT LIMITATION, WATER, ICE, A POWDER, SIMPLE
SYRUP, FRUITS, VEGETABLES, FRUIT JUICE, VEGETABLE JUICE, OR CARBONATION
OR OTHER GAS.
§ 331. EXCISE TAX. THERE IS HEREBY IMPOSED AN EXCISE TAX ON EVERY
DISTRIBUTOR FOR THE PRIVILEGE OF DISTRIBUTING BOTTLED SWEETENED BEVERAG-
ES AND CONCENTRATE IN THE STATE, CALCULATED AS FOLLOWS:
(A) THE TAX ON BOTTLED SWEETENED BEVERAGES DISTRIBUTED IN THIS STATE
SHALL BE ONE CENT ($0.01) PER FLUID OUNCE.
(B) THE TAX ON CONCENTRATES DISTRIBUTED IN THIS STATE EITHER AS
CONCENTRATE OR AS A SWEETENED BEVERAGE DERIVED FROM THAT CONCENTRATE,
SHALL BE EQUAL TO ONE CENT ($0.01) PER FLUID OUNCE OF SWEETENED BEVERAGE
PRODUCED FROM THAT CONCENTRATE. FOR PURPOSES OF CALCULATING THE TAX FOR
CONCENTRATE, THE VOLUME OF SWEETENED BEVERAGE TO BE PRODUCED FROM
CONCENTRATE SHALL BE THE LARGEST VOLUME RESULTING FROM USE OF THE
CONCENTRATE ACCORDING TO ANY MANUFACTURER'S INSTRUCTIONS.
§ 332. DISTRIBUTION INFORMATION. EACH DISTRIBUTOR SHALL INCLUDE THE
FOLLOWING INFORMATION ON EACH RECEIPT, INVOICE, OR OTHER FORM OF
ACCOUNTING FOR THE DISTRIBUTION OF BOTTLED SWEETENED BEVERAGES OR
CONCENTRATE:
(A) THE NAME AND ADDRESS OF THE DISTRIBUTOR.
(B) THE NAME AND ADDRESS OF THE PURCHASER.
(C) THE DATE OF SALE AND INVOICE NUMBER.
(D) THE KIND, QUANTITY, SIZE, AND CAPACITY OF PACKAGES OF BOTTLED
SWEETENED BEVERAGES, SWEETENED BEVERAGES, OR CONCENTRATE SOLD.
(E) THE AMOUNT OF EXCISE TAXES DUE TO THE COMMISSIONER FROM THE
DISTRIBUTOR ON THE SALE OF THE BOTTLED SWEETENED BEVERAGES OR CONCEN-
TRATE.
(F) ANY OTHER INFORMATION AS REQUIRED BY THE COMMISSIONER.
§ 333. EXEMPTION. THERE IS EXEMPT FROM THE TAXES IMPOSED BY THIS ARTI-
CLE THE DISTRIBUTION OF BOTTLED SWEETENED BEVERAGES OR CONCENTRATE
DISTRIBUTED BY A DISTRIBUTOR TO:
(A) A DISTRIBUTOR REGISTERED WITH THE COMMISSIONER UNDER THIS ARTICLE
WHEN SUPPORTED BY A PROPERLY COMPLETED EXEMPTION CERTIFICATE.
(B) TO A PERSON WHEN, PURSUANT TO THE CONTRACT OF SALE, THE BOTTLED
SWEETENED BEVERAGES OR CONCENTRATES ARE REQUIRED TO BE SHIPPED AND ARE
SHIPPED TO A POINT OUTSIDE OF THIS STATE BY THE DISTRIBUTOR BY MEANS OF
ANY OF THE FOLLOWING:
(1) FACILITIES OPERATED BY THE DISTRIBUTOR.
(2) DELIVERY BY THE DISTRIBUTOR TO A CARRIER, CUSTOMS BROKER, OR
FORWARDING AGENT, WHETHER HIRED BY THE PURCHASER OR NOT, FOR SHIPMENT TO
THE OUT-OF-STATE POINT.
(C) TO A PERSON WHERE THE STATE IS PROHIBITED FROM TAXING THAT SALE,
USE, OR CONSUMPTION UNDER THE CONSTITUTION OR LAWS OF THE UNITED STATES
OR UNDER THE CONSTITUTION OF THIS STATE.
§ 334. EXEMPTION CERTIFICATE. THE EXEMPTION CERTIFICATE TO BE PROVIDED
BY A DISTRIBUTOR TO ANOTHER DISTRIBUTOR AS REQUIRED BY SUBDIVISION (A)
OF SECTION THREE HUNDRED THIRTY-THREE OF THIS ARTICLE SHALL CONSIST OF A
STATEMENT THAT IS SIGNED UNDER PENALTY OF PERJURY BY A PERSON WITH
AUTHORITY TO BIND THE DISTRIBUTOR. THE CERTIFICATE SHALL BE DATED AND
INCLUDE THE DISTRIBUTOR'S NAME AND ACCOUNT NUMBER. A NEW CERTIFICATE
SHALL BE GIVEN IF ANY INFORMATION IN THE CURRENT CERTIFICATE CHANGES.
THE CERTIFICATE MAY BE INCLUDED AS PART OF ANY BUSINESS RECORDS NORMALLY
USED TO DOCUMENT A SALE OR DISTRIBUTION.
§ 335. CREDIT. A DISTRIBUTOR WHO HAS PAID A TAX, EITHER DIRECTLY TO
THE STATE OR TO ANOTHER DISTRIBUTOR REGISTERED UNDER THIS ARTICLE, AND
MAKES A SUBSEQUENT DISTRIBUTION OF BOTTLED SWEETENED BEVERAGES OR
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CONCENTRATE MAY CLAIM A CREDIT ON ITS RETURN FOR THE PERIOD IN WHICH THE
SUBSEQUENT SALE OR DISTRIBUTION OCCURS.
§ 336. COLLECTION OF TAX. THE COMMISSIONER SHALL ADMINISTER AND
COLLECT THE TAX IMPOSED BY THIS ARTICLE.
§ 337. RULES AND REGULATIONS. THE COMMISSIONER IS HEREBY AUTHORIZED TO
PROMULGATE RULES AND REGULATIONS RELATING TO THE ADMINISTRATION AND
ENFORCEMENT OF THIS ARTICLE, INCLUDING, BUT NOT LIMITED TO, COLLECTIONS,
REPORTING, REFUNDS, AND APPEALS.
§ 338. TAXES DUE. THE TAXES IMPOSED BY THIS ARTICLE ARE DUE AND PAYA-
BLE TO THE COMMISSIONER ON OR BEFORE THE LAST DAY OF THE MONTH FOLLOWING
EACH TAX QUARTER.
§ 339. ELECTRONIC FILING. (A) ON OR BEFORE THE LAST DAY OF THE MONTH
FOLLOWING EACH TAX QUARTER, A RETURN FOR THE PRECEDING TAX QUARTER SHALL
BE FILED USING ELECTRONIC MEDIA WITH THE COMMISSIONER.
(B) THE COMMISSIONER MAY PRESCRIBE THOSE FORMS AND REPORTING REQUIRE-
MENTS AS ARE NECESSARY TO IMPLEMENT THE TAX, INCLUDING, BUT NOT LIMITED
TO, INFORMATION REGARDING THE TOTAL AMOUNT OF BOTTLED SWEETENED BEVERAG-
ES AND CONCENTRATE SOLD AND THE AMOUNT OF TAX DUE.
(C) RETURNS SHALL BE AUTHENTICATED IN A FORM OR PURSUANT TO METHODS AS
MAY BE PRESCRIBED BY THE COMMISSIONER.
§ 340. REGISTRATION. EVERY PERSON REQUIRED TO PAY THE TAX IMPOSED
UNDER THIS ARTICLE SHALL REGISTER WITH THE COMMISSIONER. EVERY APPLICA-
TION FOR REGISTRATION SHALL BE MADE UPON A FORM PRESCRIBED BY THE
COMMISSIONER AND SHALL SET FORTH THE NAME UNDER WHICH THE APPLICANT
TRANSACTS OR INTENDS TO TRANSACT BUSINESS, THE LOCATION OF HIS OR HER
PLACE OR PLACES OF BUSINESS, AND SUCH OTHER INFORMATION AS THE COMMIS-
SIONER MAY REQUIRE. AN APPLICATION FOR AN ACCOUNT SHALL BE AUTHENTICATED
IN A FORM OR PURSUANT TO METHODS AS MAY BE PRESCRIBED BY THE COMMISSION-
ER.
§ 3. The state finance law is amended by adding a new section 99-aa to
read as follows:
§ 99-AA. CHILDREN'S HEALTH PROMOTION FUND. 1. THERE IS HEREBY ESTAB-
LISHED IN THE JOINT CUSTODY OF THE COMPTROLLER AND THE COMMISSIONER OF
TAXATION AND FINANCE A FUND TO BE KNOWN AS THE "CHILDREN'S HEALTH
PROMOTION FUND". THE CHILDREN'S HEALTH PROMOTION FUND SHALL CONSIST OF
ALL TAXES, INTEREST, PENALTIES, AND OTHER AMOUNTS COLLECTED PURSUANT TO
ARTICLE FIFTEEN OF THE TAX LAW.
2. ALL MONEYS IN THE CHILDREN'S HEALTH PROMOTION FUND SHALL, UPON
APPROPRIATION BY THE LEGISLATURE, BE ALLOCATED FOR THE PURPOSES OF
STATEWIDE CHILDHOOD OBESITY PREVENTION ACTIVITIES AND PROGRAMS AS
FOLLOWS:
(A) TWENTY PERCENT TO THE DEPARTMENT OF HEALTH TO COORDINATE STATEWIDE
CHILDHOOD OBESITY PREVENTION ACTIVITIES AND TO FUND STATE-LEVEL CHILD-
HOOD OBESITY PREVENTION AND CHILDREN'S DENTAL PROGRAMS. THIS FUNDING
SHALL SUPPORT PROGRAMS THAT USE EDUCATIONAL, ENVIRONMENTAL, POLICY, AND
OTHER PUBLIC HEALTH APPROACHES THAT ACHIEVE THE FOLLOWING GOALS: IMPROVE
ACCESS TO AND CONSUMPTION OF HEALTHY, SAFE, AND AFFORDABLE FOODS AND
BEVERAGES; REDUCE ACCESS TO AND CONSUMPTION OF CALORIE-DENSE, NUTRIENT-
POOR FOODS; ENCOURAGE PHYSICAL ACTIVITY; DECREASE SEDENTARY BEHAVIOR;
AND RAISE AWARENESS ABOUT THE IMPORTANCE OF NUTRITION AND PHYSICAL
ACTIVITY TO CHILDHOOD OBESITY PREVENTION.
(B) THIRTY-FIVE PERCENT FOR COMMUNITY-BASED CHILDHOOD OBESITY
PREVENTION PROGRAMS. THIS FUNDING SHALL SUPPORT PROGRAMS THAT USE EDUCA-
TIONAL, ENVIRONMENTAL, POLICY, AND OTHER PUBLIC HEALTH APPROACHES THAT
ACHIEVE THE FOLLOWING GOALS: IMPROVE ACCESS TO AND CONSUMPTION OF HEAL-
THY, SAFE, AND AFFORDABLE FOODS AND BEVERAGES; REDUCE ACCESS TO AND
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CONSUMPTION OF CALORIE-DENSE, NUTRIENT-POOR FOODS; ENCOURAGE PHYSICAL
ACTIVITY; DECREASE SEDENTARY BEHAVIOR; AND RAISE AWARENESS ABOUT THE
IMPORTANCE OF NUTRITION AND PHYSICAL ACTIVITY TO CHILDHOOD OBESITY
PREVENTION. THE COMMISSIONER OF HEALTH SHALL BE RESPONSIBLE FOR THE
DISTRIBUTION OF THESE FUNDS TO COMMUNITY-BASED ORGANIZATIONS AND TO
LOCAL HEALTH DEPARTMENTS, WITH PRIORITY GIVEN TO COUNTIES THAT HAVE THE
HIGHEST RATES OF CHILDHOOD OBESITY.
(C) TEN PERCENT TO EVIDENCE-BASED PREVENTION, EARLY RECOGNITION, MONI-
TORING, AND WEIGHT MANAGEMENT INTERVENTION ACTIVITIES IN THE MEDICAL
SETTING. THE COMMISSIONER OF HEALTH SHALL BE RESPONSIBLE FOR IDENTIFYING
ACTIVITIES AND ALLOCATING THESE FUNDS.
(D) THIRTY-FIVE PERCENT TO ELEMENTARY AND SECONDARY SCHOOLS FOR EDUCA-
TIONAL, ENVIRONMENTAL, POLICY AND OTHER PUBLIC HEALTH APPROACHES THAT
PROMOTE NUTRITION AND PHYSICAL ACTIVITY. THE APPROACHES FUNDED PURSUANT
TO THIS PARAGRAPH CAN INCLUDE IMPROVING OR BUILDING SCHOOL RECREATIONAL
FACILITIES THAT ARE USED FOR RECESS AND PHYSICAL EDUCATION; PROVIDING
CONTINUING EDUCATION TRAINING FOR PHYSICAL EDUCATION TEACHERS; HIRING
QUALIFIED PHYSICAL EDUCATION TEACHERS; IMPROVING THE QUALITY AND NUTRI-
TION OF SCHOOL BREAKFASTS, LUNCHES, AND SNACKS; ENSURING FREE, CLEAN
DRINKING WATER ACCESS THROUGHOUT THE SCHOOL DAY; AND INCORPORATING PRAC-
TICAL NUTRITION EDUCATION INTO THE CURRICULUM. THE COMMISSIONER OF
EDUCATION IS RESPONSIBLE FOR THE ALLOCATION AND DISTRIBUTION OF THESE
FUNDS.
3. ALL MONEYS IN THE CHILDREN'S HEALTH PROMOTION FUND SHALL BE
EXPENDED ONLY FOR THE PURPOSES EXPRESSED IN THIS SECTION, AND SHALL BE
USED ONLY TO SUPPLEMENT EXISTING LEVELS OF SERVICE AND NOT TO SUPPLANT
CURRENT FEDERAL, STATE, OR LOCAL FUNDING FOR EXISTING LEVELS OF SERVICE.
4. THE COMMISSIONER OF HEALTH AND THE COMMISSIONER OF EDUCATION ARE
HEREBY AUTHORIZED TO PROMULGATE SUCH RULES AND REGULATIONS, AND PROVIDE
SUCH PROCEDURAL MEASURES, AS SHALL BRING INTO EFFECT THE PURPOSES OF
THIS SECTION. THE RULES AND REGULATIONS MAY PROVIDE FOR SPECIFIC
PROGRAMS TO BE FUNDED CONSISTENT WITH THE ALLOCATION OF FUNDS SET FORTH
IN THIS SECTION.
§ 4. This act shall take effect July 1, 2018, provided, however, that
effective immediately, the addition, amendment and/or repeal of any rule
or regulation necessary for the implementation of this act on its effec-
tive date is authorized to be made and completed on or before such date.