Call in for Suzi Oppenheimer June 12th!

June 12, 2009

Please call Senator Suzi Oppenheimer today and urge her to adopt a Health Schools bill that puts child nutrition first! You can reach her district office at: 914-934-5250

Oppenheimer’s new bill is a watered down version of the original Spitzer bill and the existing (though weaker) Patterson bill.

Tell Oppenheimer that you want a bill that:

  • Strengthens the junk food ban in schools
  • Targets extra school meal dollars for buying local food
  • Sets higher nutritional standards for school meals
  • Expands the school breakfast mandate
  • Has nutritional standards which include all food served in the schools, especially meals and food served as part of the federal school meals program.

Below is the full text of the bill.

Would anyone be interested in scheduling a meeting with Oppenheimer to encourage her to strengthen the bill? If so please email me at: vmyers@hungeractionnys.org

STATE OF NEW YORK ________________________________________________________________________ 5785 2009-2010 Regular Sessions IN SENATE June 4, 2009 ___________ Introduced by Sens. OPPENHEIMER, MONTGOMERY — read twice and ordered printed, and when printed to be committed to the Committee on Educa- tion AN ACT to amend the education law, in relation to the development and implementation of statewide school nutrition standards for food and beverages that are sold to students and the review of school wellness policies The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Short title. This act shall be known and may be cited as 2 “the school nutrition act of 2009”. 3 § 2. The education law is amended by adding a new section 915-a to 4 read as follows: 5 § 915-a. Food and beverage nutrition standards. 1. a. The commission- 6 er, in consultation with the department of health, the department of 7 agriculture and markets, the office of general services and with input 8 from, including but not limited to, at least one representative each 9 from the school food service directors; school boards; school adminis- 10 trators; certified dieticians/nutritionists or registered dieticians; 11 the pediatric medical community; the public health community; comprehen- 12 sive care centers for eating disorders, established pursuant to article 13 twenty-seven-J of the public health law; and the agricultural community, 14 shall develop by December thirty-first, two thousand ten, statewide 15 school nutrition standards for food and beverages that are sold to 16 students exclusive of those provided through the federal school meal 17 programs. The commissioner shall seek to ensure that such input repres- 18 ents a balanced and comprehensive perspective. Such nutrition standards 19 shall be developed to promote a healthful diet taking into account a 20 preponderance of the nutritional, scientific and medical knowledge which 21 is current at the time recommendations are made. EXPLANATION–Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11903-06-9 S. 5785 2 1 b. No later than June thirtieth, two thousand eleven, the board of 2 regents shall promulgate regulations based on the nutritional standards 3 recommended by the commissioner. Such regulations shall apply to school 4 meals, exclusive of those provided through federal or school meal 5 programs, entrees, snacks and beverages sold, served or offered on 6 school grounds in each school district, non-public school, board of 7 cooperative education and charter school that participates in a program 8 authorized by the Richard B. Russell National School Lunch Act or the 9 Child Nutrition Act of 1966, collectively referred to in this section as 10 “school districts”, during the school day from any source including, but 11 not limited to, school cafeterias, a la carte lines, school stores, or 12 vending machines. Such regulations shall be applicable in the two thou- 13 sand eleven–two thousand twelve school year. 14 c. Notwithstanding any other paragraph of this subdivision, this 15 section and regulations promulgated hereunder shall not apply to: (i) 16 foods and beverages provided under the federal child and adult care food 17 program, which shall be subject to the requirements imposed under that 18 program; (ii) foods and beverages sold, served or offered at after 19 school activities attended by both adults and students, such as concerts 20 and sporting events; or (iii) foods and beverages sold: (A) by students, 21 their immediate family members or guardians or school employees, (B) 22 through sources other than school cafeterias, a la carte lines and vend- 23 ing machines, (C) after the end of the last scheduled meal period of the 24 school day, and (D) only for the purpose of raising funds to support 25 school activities. 26 d. Notwithstanding any other provision of law, this section and regu- 27 lations promulgated hereunder shall not prohibit nor restrict the acqui- 28 sition and utilization of any food item available through federally 29 funded programs such as the USDA commodities program and Department of 30 Defense food programs. 31 2. On or before July first, two thousand eleven, the commissioner, in 32 collaboration with the department of health and including but not limit- 33 ed to, at least one representative each from the school food service 34 directors; school boards; school administrators; certified 35 dieticians/nutritionists or registered dieticians; comprehensive care 36 centers for eating disorders, established pursuant to article twenty- 37 seven-J of the public health law; and the pediatric medical community 38 shall issue recommendations for methods and the practicality of provid- 39 ing students with age appropriate information regarding the nutritional 40 content of school menu items. 41 3. On or before July first, two thousand eleven, the commissioner, in 42 collaboration with the department of agriculture and markets, and 43 including but not limited to, at least one representative each from the 44 school food service directors; school boards; school administrators; and 45 the agricultural community, shall issue recommendations on increasing 46 opportunities for New York state farms and farmers to collaborate with= /PRE> 47 school districts. 48 4. Recommendations issued pursuant to subdivisions two and three of 49 this section shall be issued in a report to the legislature and the 50 governor on or before July first, two thousand eleven. Copies of such 51 report shall be made available to school districts. 52 5. Beginning with the two thousand eleven–two thousand twelve school 53 year, and each year thereafter, school districts shall receive an addi- 54 tional fifteen cents (above the amount provided for the two thousand 55 nine–two thousand ten school year), per the number of federally reim- 56 bursable breakfasts and lunches served in the prior fiscal year to S. 5785 3 1 students, in accordance with an act of Congress entitled the “National 2 School Lunch Act”, P.L. 79-396, as amended, or the provisions of the 3 “Child Nutrition Act of 1996”, P.L. 89-642, as amended. 4 6. If at the commencement of the two thousand eleven–two thousand 5 twelve school year, a school district has an existing contract with a 6 company to provide vending or other food and beverage services which 7 would be breached by compliance with the regulations established pursu- 8 ant to this section, such standards that affect such contract shall be 9 applicable to the school district on the day following the end of the 10 current term of such contract or on the date on which the contract is 11 terminated, whichever is earlier. Such standards shall apply to all 12 contracts that are issued, renewed, modified, altered or amended after 13 the start of the two thousand eleven–two thousand twelve school year. 14 § 3. The education law is amended by adding a new section 918-a to 15 read as follows: 16 § 918-a. Local school wellness policies. 1. On or before July first, 17 two thousand ten, each school district, non-public school, board of 18 cooperative educational services and charter school that participates in 19 any program authorized by the Richard B. Russell National School Lunch 20 Act or the Child Nutrition Act of 1966, collectively referred to in this 21 section as “school districts”, shall begin a review of their school 22 wellness policies to determine the effectiveness and adequacy of such 23 policy. In the course of such review, the governing body or officer of 24 the school districts shall: 25 a. involve, at a minimum, parents and guardians, students, represen- 26 tatives of the school food authority, school administrators, school 27 nurses or other health staff, certified dieticians/nutritionists or 28 registered dieticians if available, physical education staff, and teach- 29 ers; 30 b. consider any recommendations made by a school district nutrition 31 advisory committee established in section nine hundred eighteen of this 32 article, if such committee has been formed by the school district; 33 c. evaluate the implementation of the district’s wellness policy; 34 d. evaluate progress in achieving goals for nutrition education, and 35 other school based activities that are designed to promote student well- 36 ness; 37 e. consider recommendations for healthy fundraising activities, class- 38 room events and celebrations; 39 f. (i) evaluate the role of health education as part of the curriculum 40 to provide knowledge and teach skills to help students adopt and main- 41 tain lifelong, healthy eating patterns in balance with physical activ- 42 ity; and 43 (ii) evaluate the relationship between the relevant components of the 44 district curriculum and wellness policy, including but not limited to 45 health education and physical education; and 46 g. evaluate opportunities for increased physical activity during the 47 day. 48 2. The review of the district wellness policy shall include at least 49 one public meeting to allow for maximum participation by the public. 50 Such public meeting may take place as part of a regularly scheduled 51 board meeting. 52&nb= sp; 3. a. The initial review of district wellness policies shall be 53 completed by July first, two thousand eleven. Following such initial 54 review, each district shall commence a subsequent review of their well- 55 ness policy, at a minimum, once every five years, in accordance with the 56 provisions of subdivision one of this section. S. 5785 4 1 b. Changes to district wellness policies as a result of these regular 2 reviews shall be adopted by the board and made available to the public 3 in a manner to be determined by the local board. 4 4. Each school district shall make the current wellness policy of the 5 district available to the department upon request. 6 § 4. Subdivision 1 of section 2854 of the education law is amended by 7 adding a new paragraph (f) to read as follows: 8 (f) A charter school shall be subject to the provisions of sections 9 nine hundred fifteen-a and nine hundred eighteen-a of this chapter. 10 § 5. This act shall take effect immediately.

Advertisements

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: