THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY GERBER, TURZAI, McGEEHAN, ADOLPH, BEYER, BISHOP, BRENNAN, BRIGGS, CLYMER, CURRY, DePASQUALE, DiGIROLAMO, DONATUCCI, FRANKEL, FREEMAN, GEIST, GRUCELA, HARHAI, HESS, HORNAMAN, JOSEPHS, KORTZ, MAHONEY, MAJOR, MANDERINO, MANN, McILVAINE SMITH, MYERS, M. O'BRIEN, PALLONE, PAYTON, ROEBUCK, SANTARSIERO, SIPTROTH, M. SMITH, SWANGER, VULAKOVICH, WAGNER AND WHITE, JUNE 1, 2009

REFERRED TO COMMITTEE ON HEALTH AND HUMAN SERVICES, JUNE 1, 2009  

AN ACT

Amending Title 24 (Education) of the Pennsylvania Consolidated

Statutes, 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.  Findings and declarations.

The General Assembly finds and declares as follows:

(1)  Childhood obesity has reached epidemic levels in

this Commonwealth and throughout the nation. Studies show

approximately 16.5% of American children are obese, and the

rates have doubled in children and tripled in teens over the

past two decades.

(2)  Overweight and obese children are at a higher risk

for long-term health problems, including:

(i)  Heart disease.

(ii)  Stroke.

(iii)  Type 2 diabetes.

(iv)  Certain cancers.

(v)  High blood pressure.

(vi)  Gallbladder disease.

(3)  Childhood obesity significantly increases the risk

of obesity in adulthood. In addition, the lives of overweight

youth are also often affected by:

(i)  Discrimination.

(ii)  Psychological stress.

(iii)  Poor body image.

(iv)  Low self-esteem.

(4)  Two-thirds of deaths in this Commonwealth result

from four chronic diseases:

(i)  Heart disease.

(ii)  Cancer.

(iii)  Stroke.

(iv)  Diabetes.

(5)  Health experts agree one of the most effective ways

to prevent these four chronic diseases is to establish

policies and programs to help children and adolescents

develop healthy eating and physical activity habits they can

maintain throughout their lives.

(6)  A child who is physically healthy is more likely to

be academically motivated, alert and successful. Good

nutrition plays an important role in learning and cognitive

development. Inadequate diet and hunger have been found to

adversely influence the ability to learn and to decrease

motivation and attentiveness.

(7)  The school environment significantly influences the

foods children eat nearly every day. While the United States

Department of Agriculture (USDA) regulates the nutritional

quality of meals sold under its reimbursable school lunch and

breakfast programs, similar standards do not exist for foods

and beverages sold individually outside the USDA meal

programs. This includes foods sold through vending machines,

a la carte lines, fundraisers and school stores. These foods

are often high in added sugars, salt or saturated fats and

trans fats.

(8)  Only 2% of children two to 19 years of age meet the

five main recommendations for a healthy diet from the USDA.

Soft drink consumption has doubled over the last 30 years.

USDA surveys have found that children two to 18 years of age

consumed an average of 118 more calories per day in 1996 than

they did in 1978. According to the USDA, the increases are

largely driven by increased intake of foods and beverages

high in added sugars, especially sodas, fruit drinks, cookies

and other sweet baked goods. Only one-third of children eat

the recommended amount of fruit, and about three-quarters of

school-age children consume too much saturated fat and sodium

and not enough fiber.

(9)  Nutrition-poor foods in schools undermine parents'

efforts to feed their children well. Parents entrust schools

with the care of their children during the school day.

Without their parents' knowledge, some children spend their

lunch money on low-nutrition foods from vending machines and

a la carte lines, rather than on balanced school meals.

(10)  Schools are switching to the sale of healthier

foods without losing revenue. The USDA and the Centers for

Disease Control and Prevention (CDC) studied 17 schools and

school districts reporting income data after improving the

nutritional quality of school foods and beverages. After

improving their school foods, 12 schools and school districts

increased their revenue and four reported no change.

§ 302.  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.

"Individual item."  Separately priced, nonvending machine

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 a cup 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 also include the time

before or after the official school day, including, but not

limited to, clubs, yearbook, band and choir practice, student

government, drama, sports practices, letter and intramural

sports and child-care programs.

"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.

§ 303.  Nutritional standards for foods and beverages sold

individually on school grounds during the school day.

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

grounds shall meet the standards in sections 304 (relating to

beverages) and 305 (relating to foods).

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

or beverages served or sold through vending machines, cafeteria

a la carte lines, fundraisers and school stores at elementary

and secondary schools on campus throughout the school day shall

meet the standards in subsections (c) and (d) and sections 304

(relating to beverages) and 305 (relating to foods).

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

students in elementary schools shall meet the standards in

sections 304 (relating to beverages) and 305 (relating to

foods). Food in elementary schools should be provided as

balanced meals. If available, foods and beverages sold

individually should be limited to lowfat and nonfat milk, fruits

and nonfried vegetables.

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

high and high schools, individual items sold outside the

reimbursable school meal programs, including, but not limited

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

student stores or fundraising activities, during the school day

or through programs for students after the school day, will meet

the nutrition and portion size standards set forth in sections

304 and 305.

§ 304.  Beverages.

(a)  Beverages allowed.--The following beverages shall be for

sale in schools:

(1)  Water or 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.

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

and nutritionally equivalent nondairy beverages which are

eight ounces or less as defined by the USDA.

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

not be for sale in schools:

(1)  Soft drinks containing caloric sweeteners.

(2)  Sports drinks.

(3)  Iced teas.

(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.

§ 305.  Foods.

(a)  Prohibitions.--A food item sold individually shall have

no more than 100 calories:

(1)  Thirty percent of its calories from fat, excluding

nuts, seeds, peanut butter and other nut butters and 10% of

its calories from saturated fats.

(2)  Thirty-five percent 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 this total sugar limit.

(3)  Two hundred and thirty milligrams of sodium per

serving for chips, cereals, crackers, french fries, baked

goods and other snack items.

(4)  Four hundred and eighty milligrams of sodium per

serving for pastas, meats and soups.

(5)  Six hundred milligrams of sodium for pizza,

sandwiches and main dishes.

(6)  Zero grams of trans fats as labeled.

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

nonfried vegetables shall be offered for sale where foods are

sold at the school. The items may include, but not be limited

to:

(1)  Fresh fruits and vegetables.

(2)  Fruit-based drinks that are at least 100% fruit

juice and that do not contain additional caloric sweeteners.

(3)  Cooked, dried or canned fruits in fruit juice or

light syrup that contain fewer than 100 calories per serving.

(4) Cooked, dried or canned vegetables that contain fewer

than 100 calories per serving and that meet the fat and

sodium guidelines.

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 in 60 days.