HB2846

Report Title:

Nutrition Standards; Public Schools; DOE

Description:

Establishes nutrition standards for foods sold at elementary, middle, and high schools.

HOUSE OF REPRESENTATIVES	H.B. NO.	2846
TWENTY-FIRST LEGISLATURE, 2002
STATE OF HAWAII

A BILL FOR AN ACT

 

relating to education.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Chapter 302A, Hawaii Revised Statutes, is amended by adding a new subpart to part II to be appropriately designated and to read as follows:

" . Nutrition

§302A-    Definitions. As used in this subpart, the following terms have the following meanings:

"Added sweetener" means, with respect to a beverage, any additive that enhances the sweetness of the beverage, including added sugar, but not including the natural sugars that are contained within the fruit juices that are a component of the beverage.

"Elementary school" means a public school that maintains any grade from kindergarten to grade six, inclusive, but no grade higher than grade six.

"Full meal" means any combination of food items that meet a United States Department of Agriculture-approved meal pattern.

"High school" means any public school maintaining any of grades ten to twelve, inclusive.

"Middle school" means any public school that maintains grade seven or eight, but no grade higher than grade nine.

§302A-    Nutrition standards; elementary and middle schools. (a) At elementary and middle schools, the sale of all foods on school grounds shall be approved by the superintendent for compliance with the nutrition standards in this section.

(b) At elementary schools, the only food that may be sold to pupils during breakfast and lunch periods shall be food that is sold as a full meal; provided that this subsection shall not be construed to prohibit the sale of fruit, nonfried vegetables, legumes, beverages, dairy products, or grain products, as individual food items, if they meet the requirements of this section.

(c) An individual food item sold to a pupil during morning or afternoon breaks at elementary schools shall meet all of the following standards:

(1) Not more than thirty-five per cent of its total calories shall be from fat; provided that this paragraph shall not apply to the sale of nuts or seeds;

(2) Not more than ten per cent of its total calories shall be from saturated fat; and

(3) Not more than thirty-five per cent of its total weight shall be composed of sugar; provided that this paragraph shall not apply to the sale of fruits or vegetables.

(d) Regardless of the time of day, water, milk, one hundred per cent fruit juices, or fruit-based drinks that are composed of no less than fifty per cent fruit juice and that have no added sweeteners, are the only beverages that may be sold to pupils at an elementary school.

(e) In middle schools, from one-half hour before the start of the schoolday until after the end of the last lunch period, no carbonated beverage shall be sold to pupils.

(f) At middle schools, vending machines that contain beverage items that do not meet the requirements in this section shall remain locked or shall be rendered inoperable until after the end of the last lunch period.

(g) An elementary school may permit the sale of food items that do not comply with this section as part of a school fundraising event in any of the following circumstances:

(1) By pupils of the school if the sale of those items takes place off of school premises; and

(2) By pupils of the school if the sale of those items takes place at least one-half hour after the end of the school day.

§302A-    Nutrition standards; high schools. (a) At high schools, the sale of all foods on school grounds shall be approved by the superintendent for compliance with the nutrition standards in this section.

(b) No beverage other than any of the following shall be sold to pupils from one-half hour before the start of the schoolday until one-half hour after the end of the school day:

(1) Fruit-based drinks that are composed of no less than fifty per cent fruit juice and that have no added sweeteners;

(2) Drinking water;

(3) Milk, including chocolate milk, soy milk, rice milk, and other similar dairy or nondairy milk; and

(4) Electrolyte replacement beverages that do not contain more than forty-two grams of added sweetener per twenty-ounce serving.

(c) No carbonated beverage shall be sold to pupils from one-half hour before the start of the school day until one-half hour after the end of the school day.

(d) Except as provided in this subsection, no beverage that exceeds twelve ounces per serving shall be sold to pupils from one-half hour before the start of the school day until one-half hour after the end of the school day. The twelve-ounce maximum serving requirement shall not apply to any of the following:

(1) Drinking water;

(2) Milk, including chocolate milk, soy milk, rice milk, and other similar dairy or nondairy milk; and

(3) An electrolyte replacement beverage; provided that an electrolyte replacement beverage shall not exceed twenty ounces per serving.

(e) No food item shall be sold to pupils from one-half hour before the start of the school day until one-half hour after the end of the school day unless it does not exceed twelve ounces per serving and it meets all of the standards in section 302A-    (c).

(f) Entree items and side dish serving sizes shall be no larger than the portions of those foods served as part of the federal school meal program.

(g) Fruit and nonfried vegetables shall be offered for sale at any location where food is sold."

SECTION 2. This Act shall take effect on July 1, 2002.

INTRODUCED BY:	_____________________________