THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY McILHINNEY, STACK, TARTAGLIONE, RAFFERTY, TOMLINSON, WASHINGTON, MELLOW, BRUBAKER, CORMAN, FARNESE AND FERLO, JUNE 23, 2010

REFERRED TO EDUCATION, JUNE 23, 2010  

AN ACT

Amending Title 24 (Education) of the Pennsylvania Consolidated

Statutes, further providing for school foods reform; and

imposing duties on schools relating to the sale of food and

beverages, and on the Department of Education and the

Department of Health.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Title 24 of the Pennsylvania Consolidated

Statutes is amended by adding a chapter to read:

CHAPTER 3

SCHOOL FOODS REFORM

§ 301.  Definitions.

The following words and phrases when used in this chapter

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"A la carte line."  The portion of the school selling

individual items, as opposed to a complete meal.

"A la carte entrée."  A main dish sold outside of the

reimbursable school meal program. The term includes, but is not

limited to, items such as sandwiches, wraps, pizzas and salads.

The term shall not include side dishes, snacks or other

individual items.

"Individual item."  Separately priced food or beverage sold

or served outside of reimbursable school meal programs in

schools.

"Nutritionally equivalent nondairy beverages."  A liquid

fortified with calcium, protein, vitamin A, vitamin D,

riboflavin, vitamin B12, magnesium, phosphorus and potassium to

ensure it has the same nutritional value as eight ounces of

milk.

"School day."  The period of time between the arrival of the

first student at the school building and the end of the last

instructional period. The term shall not include periods of time

before or after the school day which are commonly used for

extracurricular activities such as clubs, yearbook, band, choir,

student government, drama and sports.

"Snack items."  A food generally regarded as supplementing a

meal, including, but not limited to, fruits, vegetables,

yogurts, puddings, soups, cheeses, snack chips, pretzels,

crackers, popcorn, nuts, seeds, french fries, onion rings,

pastries, dried meat snacks, granola bars, energy bars,

breakfast bars, cookies, brownies, snack cakes, candy,

doughnuts, ice cream, frozen yogurt, frozen fruit bars and other

similar foods.

"USDA."  The United States Department of Agriculture.

§ 302.  Nutritional standards.

(a)  Sales on school grounds.--The sale of foods and

beverages on school grounds during the school day shall meet the

standards in sections 303 (relating to beverages) and 304

(relating to foods).

(b)  Foods sold outside of reimbursable school meals.--Food

or beverages served or sold through a la carte lines, vending

machines, fundraising activities and school stores at elementary

and secondary schools on school grounds during the school day

shall meet the standards in sections 303 and 304.

(c)  Elementary schools.--Food and beverages available to

students in elementary schools shall meet the standards in

sections 303 and 304.

(d)  Middle, junior high and high schools.--In middle, junior

high and high schools, individual items, including, but not

limited to, items sold through a la carte lines, vending

machines, fundraising activities or school stores, shall meet

the nutrition and portion size standards set forth in sections

303 and 304.

§ 303.  Beverages.

(a)  Elementary schools.--The following beverages shall be

permitted for sale in elementary schools:

(1)  Bottled water or bottled seltzer water without added

caloric sweeteners.

(2)  Fruit and vegetable juices and fruit-based drinks

which are eight ounces or less, containing 100% fruit juice

and no additional caloric sweeteners and up to 120 calories.

(3)  Unflavored or flavored lowfat or fat-free fluid milk

and nutritionally equivalent nondairy beverages, as defined

by the USDA, which are eight ounces or less.

(b)  Middle or junior high schools.--The following beverages

shall be permitted for sale in middle or junior high schools:

(1)  Bottled water or bottled seltzer water without added

caloric sweeteners.

(2)  Fruit and vegetable juices and fruit-based drinks

which are ten ounces or less, containing 100% fruit juice

with no added sweeteners and up to 120 calories.

(3)  Unflavored or flavored lowfat or fat-free fluid milk

and nutritionally equivalent nondairy beverages, as defined

by the USDA, which are ten ounces or less.

(c)  High schools.--The following beverages shall be

permitted for sale in high schools:

(1)  Bottled water or bottled seltzer water without added

caloric sweeteners.

(2)  Fruit and vegetable juices and fruit-based drinks

which are 12 ounces or less, containing 100% fruit juice with

no added sweeteners and up to 120 calories.

(3)  Unflavored or flavored lowfat or fat-free fluid milk

and nutritionally equivalent nondairy beverages, as defined

by the USDA, which are 12 ounces or less.

(4)  Noncarbonated beverages with no more than 66

calories per eight ounces.

(d)  Beverages not allowed.--The following beverages shall

not be for sale in schools:

(1)  Soft drinks containing caloric sweeteners.

(2)  Sports drinks that do not meet the guidelines

established in this section.

(3)  Iced teas that do not meet the guidelines

established in this section.

(4)  Fruit-based drinks that contain less than 100% fruit

juice or that contain additional caloric sweeteners.

(5)  Beverages containing caffeine, excluding lowfat or

fat-free chocolate milk.

§ 304.  Foods.

(a)  Prohibitions.--With the exception of a la carte entrées,

a food item sold individually during the school day shall meet

the following standards:

(1)  Contain less than or equal to 150 calories.

(2)  Contain less than or equal to 30% of its calories

from fat, excluding nuts, seeds, peanut butter and other nut

butters and 10% of its calories from saturated fats.

(3)  Contain less than or equal to 35% of its weight from

added sugars. If a food manufacturer fails to provide the

added sugar content of a food item, schools may use the

percentage of weight from total sugars and exempt fruits,

vegetables and dairy foods from the total sugar limit.

(4)  Contain less than or equal to 230 milligrams of

sodium per serving for chips, cereals, crackers, french

fries, baked goods and other snack items.

(5)  Contain zero grams of trans fats as labeled.

(b)  A la carte entrées.--Each a la carte entrée shall meet

the following criteria:

(1)  Contain less than or equal to 450 calories.

(2)  Contain less than or equal to 35% of its calories

from fat.

(3)  Contain less than or equal to 10% of its calories

from saturated fat.

(4)  Contain less than or equal to 600 milligrams of

sodium.

(5)  Contain less than or equal to 35% of its weight from

added sugars. If a food manufacturer fails to provide the

added sugar content of a food item, schools may use the

percentage of weight from total sugars and exempt fruits,

vegetables and dairy foods from the total sugar limit.

(6)    Contain zero grams of trans fat as labeled.

(c)  Requirements.--A choice of at least two fruits and

nonfried vegetables shall be offered for sale where foods are

sold at a school. The items may include, but not be limited to:

(1)  Fresh fruits and vegetables.

(2)  Fruit-based drinks that contain 100% fruit juice and

that do not contain additional caloric sweeteners.

(3)  Cooked, dried or canned fruit products whether or

not contained in fruit juice or light syrup that contain

fewer than 150 calories per serving.

(4)  Cooked, dried or canned vegetables that contain

fewer than 150 calories per serving and that meet the fat and

sodium guidelines.

(d)  Vending machines.--Schools with vending machines are

encouraged to include refrigerated snack vending machines which

accommodate fruits, vegetables, yogurts and other perishable

items.

Section 2.  This act shall take effect January 30, 2011.