HB 0169 2004
1	A bill to be entitled
2	An act relating to school food service programs; amending
3	s. 1006.06, F.S.; providing definitions; requiring
4	district school boards to prohibit the sale or serving of
5	certain foods and beverages on school grounds; providing a
6	list of beverages that may be permitted; providing
7	exceptions; reenacting s. 1006.06(2), F.S.; providing
8	rulemaking authority; providing applicability; providing
9	an effective date.
10
11	WHEREAS, childhood obesity has reached epidemic proportions
12	in Florida and throughout the nation and nearly one in four
13	Florida adolescents is overweight or at risk of being
14	overweight, and
15	WHEREAS, obese and overweight children are at increased
16	risk for developing Type 2 diabetes and current rates for
17	childhood onset of Type 2 diabetes are unprecedented, and
18	WHEREAS, the risk of developing diabetes, high blood
19	pressure, high cholesterol, coronary heart disease, certain
20	cancers, and other afflictions is significantly increased for
21	obese individuals, and
22	WHEREAS, numerous studies have established the critical
23	link between good nutrition and the ability of children to
24	develop and learn, and
25	WHEREAS, good nutrition plays an essential role in improved
26	academic performance as measured by test scores, attendance
27	rates, tardiness, and discipline, and
28	WHEREAS, since children spend a substantial portion of
29	their time at school, only nutritious foods should be available
30	at school in order to promote a healthy dietary lifestyle and to
31	teach children about healthy food choices, NOW, THEREFORE,
32
33	Be It Enacted by the Legislature of the State of Florida:
34
35	Section 1. Subsection (3) of section 1006.06, Florida
36	Statutes, is amended, and subsection (2) of said section is
37	reenacted, to read:
38	1006.06 School food service programs.--
39	(2) The State Board of Education shall adopt rules
40	covering the administration and operation of the school food
41	service programs.
42	(3)(a)Each district school board shall consider the
43	recommendations of the district school superintendent and adopt
44	policies to provide for an appropriate food and nutrition
45	program for students consistent with federal law and State Board
46	of Education rule.
47	(b) As used in this subsection, the term:
48	1. "Added sweetener" means any additive that enhances the
49	sweetness of the beverage, including, but not limited to, added
50	sugar, but does not include the natural sugar or sugars that are
51	contained in any fruit juice that is a component of the
52	beverage.
53	2. "Elementary school" means a school containing
54	prekindergarten through grade 5, unless the elementary school
55	includes grade 6 in which case such school is included.
56	3. "School day" means that portion of the day in which
57	school is actually in session.
58	4. "Secondary school" means a school containing grades 6
59	through 12.
60	(c) Each district school board shall prohibit the sale of
61	any food or beverage to elementary school students on school
62	grounds before and during the school day that is not permitted
63	by the approved school food service program. No beverages other
64	than the following may be sold or served to students at
65	elementary schools at any time before or during the school day:
66	1. Drinking water.
67	2. Milk, including flavored milk, fortified soy milk,
68	fortified rice milk, or other similar dairy or nondairy milk.
69	3. Fruit-based or vegetable-based drinks that contain no
70	less than 50 percent juice and no added sweeteners.
71	4. Electrolyte replacement beverages that contain no more
72	than 43 grams of added sweetener per 20-ounce serving.
73	(d) Each district school board shall prohibit the sale of
74	any food of minimal nutritional value, as listed in 7 C.F.R.
75	part 210 Appendix B, to secondary school students on school
76	grounds from 1 hour before the start of the school day until 1
77	hour after the close of the last lunch period. No beverages
78	other than the following may be sold or served to students at
79	secondary schools from 1 hour before the start of the school day
80	until 1 hour after the close of the last lunch period:
81	1. Drinking water.
82	2. Milk, including flavored milk, fortified soy milk,
83	fortified rice milk, or other similar dairy or nondairy milk.
84	3. Fruit-based or vegetable-based drinks that contain no
85	less than 50 percent juice and no added sweeteners.
86	4. Electrolyte replacement beverages that contain no more
87	than 43 grams of added sweetener per 20-ounce serving.
88	5. Tea that contains no more than 43 grams of added
89	sweetener or 43 milligrams of caffeine per 20-ounce serving.
90	(e) The requirements for the sale or serving of beverages
91	pursuant to this subsection do not affect the sale or serving of
92	beverages to teachers or other school staff.
93	(f) The sale of beverages that are not permitted pursuant
94	to this subsection may be allowed as part of a school fundraiser
95	if such sale occurs after the end of the school day.
96	Section 2. The amendment to s. 1006.06, Florida Statutes,
97	as provided in section 1 of this act shall apply to the 2004-
98	2005 school year and thereafter.
99	Section 3. This act shall take effect July 1, 2004.