PRIOR PRINTER'S NO. 189 PRINTER'S NO. 1643
No. 185 Session of 2005
INTRODUCED BY STAIRS, CALTAGIRONE, CORNELL, CRAHALLA, CREIGHTON,
DALEY, J. EVANS, GEIST, GEORGE, HERSHEY, KENNEY, LEACH,
LEDERER, MANDERINO, McGILL, MELIO, PRESTON, REICHLEY, SEMMEL,
STERN, E. Z. TAYLOR, WILT, YOUNGBLOOD, CAUSER, SURRA AND
DENLINGER, FEBRUARY 1, 2005
AS REPORTED FROM COMMITTEE ON EDUCATION, HOUSE OF
REPRESENTATIVES, AS AMENDED, APRIL 13, 2005
AN ACT
1 Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
2 act relating to the public school system, including certain
3 provisions applicable as well to private and parochial
4 schools; amending, revising, consolidating and changing the
5 laws relating thereto," providing for contracts for sale of <--
6 carbonated beverages, non-nutritious beverages and non-
7 nutritious food. PROVIDING FOR CONTRACTS FOR COMPETITIVE <--
8 FOOD, BEVERAGE AND ADVERTISING CONTRACTS.
9 The General Assembly of the Commonwealth of Pennsylvania
10 hereby enacts as follows:
11 Section 1. The act of March 10, 1949 (P.L.30, No.14), known
12 as the Public School Code of 1949, is amended by adding a
13 section to read:
14 Section 504.1. Contracts for Sale of Carbonated Beverages, <--
15 Non-nutritious Beverages and Non-nutritious Food.--(a) (1)
16 State and Federal laws require all schools participating in meal
17 programs to provide nutritious food and beverages to pupils.
18 (2) State and Federal laws restrict the sale of food and
19 beverages in competition with meal programs to enhance the
1 nutritional goals for pupils, and to protect the fiscal and
2 nutritional integrity of the school food service programs.
3 (3) Parents, pupils and community members should have the
4 opportunity to ensure, through the review of food and beverage
5 contracts, that food and beverages sold on school campuses
6 provide nutritious sustenance to pupils, promote good health,
7 help pupils learn, provide energy and model fit living for life.
8 (b) The following words and phrases when used in this
9 section shall have the meanings given to them in this subsection
10 unless the context clearly indicates otherwise:
11 "Added sweetener" shall include any additive that enhances
12 the sweetness of the beverage, including, but not limited to,
13 added sugar, but does not include the natural sugar or sugars
14 that are contained within any fruit juice that is a component of
15 the beverage.
16 "Non-nutritious beverages" shall include any beverage that is
17 not any of the following:
18 (1) Drinking water.
19 (2) Milk, including, but not limited to, chocolate milk, soy
20 milk, rice milk and other similar dairy or non-dairy milk.
21 (3) An electrolyte replacement beverage that contains forty-
22 two (42) grams or less of added sweetener per twenty (20) ounce
23 serving.
24 (4) A one hundred per centum fruit juice, or fruit-based
25 drink that is composed of fifty per centum or more fruit juice
26 and that has no added sweeteners.
27 "Non-nutritious food" shall mean food that is not sold as
28 part of the school breakfast or lunch program as a full meal,
29 and that meets any of the following standards:
30 (1) More than thirty-five per centum of its total calories
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1 are from fat.
2 (2) More than ten per centum of its total calories are from
3 saturated fat.
4 (3) More than thirty-five per centum of its total weight is
5 composed of sugar.
6 (c) The governing board of a school district may not do any
7 of the following:
8 (1) Enter into or renew a contract or permit a school within
9 the district to enter into or renew a contract that grants
10 exclusive or non-exclusive advertising or grants the right to
11 the exclusive or non-exclusive sale of carbonated beverages or
12 non-nutritious beverages or non-nutritious food within the
13 district to a person, business or corporation unless the
14 governing board of the school district does all of the
15 following:
16 (i) Adopts a policy after a public hearing of the governing
17 board to ensure that the district has internal controls in place
18 to protect the integrity of the public funds and to ensure that
19 funds raised benefit public education, and that the contracts
20 are entered into on a competitive basis subject to 62 Pa.C.S.
21 (relating to procurement).
22 (ii) Provides to parents, guardians, pupils and members of
23 the public the opportunity to comment on the contract by holding
24 a public hearing on the contract during a regularly scheduled
25 board meeting. The governing board shall clearly, and in a
26 manner recognizable to the general public, identify in the
27 agenda the contract to be discussed at the meeting.
28 (2) Enter into a contract that prohibits a school district
29 employe from disparaging the goods or services of the party
30 contracting with the school board.
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1 (3) Enter into a contract or permit a school within the
2 district to enter into a contract for electronic products or
3 services that requires the dissemination of advertising to
4 pupils unless the governing board of the school district does
5 all of the following:
6 (i) Enters into the contract at a noticed public hearing of
7 the governing board.
8 (ii) Makes a finding that the electronic product or service
9 in question is or would be an integral component of the
10 education of pupils.
11 (iii) Makes a finding that the school district cannot afford
12 to provide the electronic product or service unless it contracts
13 to permit dissemination of advertising to pupils.
14 (iv) Provides written notice to the parents or guardians of
15 pupils that the advertising will be used in the classroom or
16 other learning centers. This notice shall be part of the
17 district's normal ongoing communication to parents or guardians.
18 (v) Offers the parents the opportunity to request in writing
19 that the pupil not be exposed to the program that contains the
20 advertising. Any request shall be honored for the school year in
21 which it is submitted or longer if specified but may be
22 withdrawn by the parents or guardians at any time.
23 (d) (1) An annual public hearing shall be held to review
24 and discuss potential contracts for the sale of food and
25 beverages on campuses, including food and beverages sold as full
26 meals, through competitive sales such as fundraisers and vending
27 machines.
28 (2) The public hearing shall include:
29 (i) The nutritional value of food and beverages sold within
30 the district.
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1 (ii) The availability of fresh fruit, vegetables and grains
2 in school meals and snacks including, but not limited to,
3 locally grown and organic produce.
4 (iii) The amount of fat, sugar and additives in food and
5 beverages discussed.
6 (iv) Barriers to pupil participation in school breakfast and
7 lunch programs.
8 (3) The annual public requirement of this subsection does
9 not release the governing board from the public hearing
10 requirements of subsection (c)(1) for a potential contract that
11 was not discussed at the annual meeting.
12 (e) The governing board of the school district shall make
13 accessible to the public any contract entered into pursuant to
14 this section and may not include in that contract a
15 confidentiality clause that would prevent a school or school
16 district from making any part of the contract public.
17 (f) The governing board of a school district may sell
18 advertising, products or services on a non-exclusive basis.
19 (g) The governing board of a school district may post public
20 signs indicating the district's appreciation for the support of
21 a person or business for the district's education program.
22 (h) Contracts entered into prior to the effective date of
23 this section may remain in effect but may not be renewed if in
24 conflict with this section.
25 SECTION 504.1. COMPETITIVE FOOD, BEVERAGE OR ADVERTISING <--
26 CONTRACTS.--(A) EXCLUSIVE AND NONEXCLUSIVE COMPETITIVE FOOD,
27 BEVERAGE OR ADVERTISING CONTRACTS MAY NOT BE ENTERED INTO OR
28 RENEWED BY THE DISTRICT OR A SCHOOL WITHIN THE DISTRICT UNLESS
29 THE BOARD OF THE SCHOOL DISTRICT DOES THE FOLLOWING:
30 (1) HOLDS A PUBLIC HEARING DURING OR PRIOR TO A REGULARLY
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1 SCHEDULED BOARD MEETING, AT WHICH TIME STUDENTS, PARENTS AND
2 OTHER MEMBERS OF THE COMMUNITY MAY COMMENT ON THE CONTRACT.
3 (2) ADOPTS A POLICY AFTER THE PUBLIC HEARING ENSURING THAT
4 SUCH CONTRACTS ARE ENTERED INTO OR RENEWED PURSUANT TO 62
5 PA.C.S. (RELATING TO PROCUREMENT) AND FUNDS RAISED FROM SUCH
6 CONTRACTS GO TO THE DISTRICT'S FOOD SERVICE DEPARTMENT,
7 EDUCATIONAL PROGRAMS OR STUDENT ORGANIZATIONS OR ACTIVITIES
8 APPROVED BY THE SCHOOL BOARD.
9 (B) CONTRACTS FOR ELECTRONIC PRODUCTS OR SERVICES REQUIRING
10 THE DISSEMINATION OF ADVERTISING TO PUPILS MAY NOT BE ENTERED
11 UNLESS THE SCHOOL BOARD DOES THE FOLLOWING:
12 (1) ENTERS INTO THE CONTRACT AT A PROPERLY ADVERTISED PUBLIC
13 HEARING OF THE SCHOOL BOARD.
14 (2) DETERMINES THAT THE ELECTRONIC PRODUCT OR SERVICE WOULD
15 BE AN INTEGRAL COMPONENT IN EDUCATING STUDENTS.
16 (3) FINDS THAT THE SCHOOL DISTRICT CANNOT AFFORD TO PROVIDE
17 THE ELECTRONIC PRODUCT OR SERVICE UNLESS IT CONTRACTS TO PERMIT
18 THE DISSEMINATION OF ADVERTISING TO PUPILS.
19 (4) PROVIDES WRITTEN NOTICE TO THE PARENTS OR GUARDIANS OF
20 STUDENTS THROUGH THE DISTRICT'S NORMAL ONGOING COMMUNICATION
21 THAT THE ADVERTISING WILL BE USED IN THE CLASSROOM OR OTHER
22 LEARNING CENTERS.
23 (5) OFFERS PARENTS AND GUARDIANS THE OPPORTUNITY TO REQUEST
24 IN WRITING THAT THE STUDENT NOT BE EXPOSED TO THE PROGRAM THAT
25 CONTAINS THE ADVERTISING.
26 ANY REQUEST SHALL BE HONORED FOR THE SCHOOL YEAR IN WHICH IT IS
27 SUBMITTED OR LONGER, IF SPECIFIED, BUT MAY BE WITHDRAWN BY THE
28 STUDENT'S PARENTS OR GUARDIANS AT ANY TIME.
29 (C) CONTRACTS PROHIBITING A SCHOOL DISTRICT EMPLOYE FROM
30 DISPARAGING THE GOODS OR SERVICES OF THE PARTY CONTRACTING WITH
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1 THE SCHOOL BOARD MAY NOT BE ENTERED INTO BY ANY SCHOOL BOARD.
2 (D) ANY CONTRACT ENTERED INTO UNDER THIS SECTION MAY NOT
3 INCLUDE A CONFIDENTIALITY CLAUSE PROHIBITING A SCHOOL OR SCHOOL
4 DISTRICT FROM MAKING ANY PART OF THE CONTRACT PUBLIC. CONTRACTS
5 ENTERED INTO OR RENEWED UNDER THIS SECTION SHALL BE MADE
6 ACCESSIBLE TO THE PUBLIC PURSUANT TO SECTION 2 OF THE ACT OF
7 JUNE 21, 1957 (P.L.390, NO.212), REFERRED TO AS THE RIGHT-TO-
8 KNOW LAW.
9 (E) THE SCHOOL BOARD SHALL REPORT TO THE PARENTS AND THE
10 COMMUNITY THE AMOUNTS AND SPECIFIC SOURCES OF FUNDS RECEIVED AND
11 THE NATURE OF EXPENDITURES MADE FROM FUNDS RECEIVED FROM
12 COMPETITIVE FOOD, BEVERAGE OR ADVERTISING CONTRACTS. AN ANNUAL
13 PUBLIC HEARING MAY BE HELD TO FULFILL THIS REQUIREMENT.
14 (F) ADVERTISING, PRODUCTS OR SERVICES ON A NONEXCLUSIVE
15 BASIS MAY BE SOLD ONLY WITH THE APPROVAL OF THE SCHOOL BOARD.
16 (G) THE SCHOOL BOARD MAY POST SIGNS PUBLICLY EXPRESSING THE
17 DISTRICT'S APPRECIATION OF A BUSINESS OR PERSON FOR THEIR
18 SUPPORT OF THE DISTRICT'S EDUCATIONAL PROGRAMS.
19 (H) AS USED IN THIS SECTION, THE TERM "COMPETITIVE FOOD"
20 MEANS ANY FOOD OR BEVERAGES OFFERED OR SOLD IN COMPETITION WITH
21 REIMBURSABLE MEALS SERVED UNDER THE NATIONAL SCHOOL LUNCH OR
22 SCHOOL BREAKFAST PROGRAM.
23 Section 2. This act shall take effect in 60 days.
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