Senate Bill sb0256
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Florida Senate - 2005 SB 256
By Senator Margolis
35-205B-05
1 A bill to be entitled
2 An act relating to nutrition in elementary and
3 secondary schools; providing a short title;
4 providing nutritional standards for food that
5 is available to school children on school
6 campuses and that is sold for fundraising
7 purposes; requiring each school's child
8 nutrition program to approve all food sold on
9 school campuses or sold for fundraising
10 purposes; authorizing the Department of
11 Education to impose a fine for violations of
12 the act; amending s. 500.121, F.S.; authorizing
13 the Department of Agriculture and Consumer
14 Services to impose a fine against a food
15 manufacturer, processor, packer, or distributor
16 that misrepresents nutritional information on
17 food labels; providing an effective date.
18
19 WHEREAS, in the United States approximately 300,000
20 deaths per year are currently associated with health
21 conditions that are caused or exacerbated by obesity, and the
22 total direct and indirect costs to taxpayers attributed to
23 this condition amounted to $117 billion in the year 2000, and
24 WHEREAS, obesity among this state's adults nearly
25 doubled from 1986 to 2000, while the number of overweight
26 adolescents has tripled, and
27 WHEREAS, during meal periods, federal regulations
28 prohibit the sale of certain foods in the food service area of
29 a school which are of minimal nutritional value, NOW,
30 THEREFORE,
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Florida Senate - 2005 SB 256
35-205B-05
1 Be It Enacted by the Legislature of the State of Florida:
2
3 Section 1. Short title.--This act may be cited as the
4 "Childhood Obesity Prevention Act."
5 Section 2. Regulation of food sold on school campuses
6 and for fundraising purposes; penalties.--
7 (1) Effective for the 2005-2006 school year, food that
8 is sold a la carte or in vending machines on any public school
9 campus must meet the following criteria:
10 (a) From one-half hour before school begins until
11 one-half hour after the end of the school day, only the
12 following beverages may be sold to students on campus:
13 1. Any vegetable juice, fruit juice, or
14 fruit-juice-based drink that contains at least 30 percent
15 fruit juice.
16 2. Drinking water.
17 3. Low-fat, reduced-fat, or fat-free milk, including,
18 but not limited to, chocolate milk, strawberry milk, fortified
19 soy milk, fortified nondairy milk, and fortified rice milk.
20 (b) From one-half hour before school begins until
21 one-half hour after the end of the school day, the following
22 snacks may not be sold to students on campus:
23 1. Any food that is of minimal nutritional value, as
24 defined in 7 C.F.R. s. 210.11(a)(2), or snacks that do not
25 contain whole grain, enriched or fortified grains, or grain
26 products.
27 2. Any food that derives 35 percent or more of its
28 total calories from added sugars, excluding those sugars that
29 are naturally occurring.
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Florida Senate - 2005 SB 256
35-205B-05
1 (c) Beverages or food that is sold as a fundraising
2 tool by a school club, organization, or association must meet
3 the requirements of paragraphs (a) and (b).
4 (2) Each school's child nutrition program shall
5 regulate the vending machines located on school campuses. The
6 child nutrition program must approve all food sold in vending
7 machines or a la carte on school campuses or sold as
8 fundraising tools to ensure that the food meets the
9 requirements under subsection (1).
10 (3) The Department of Education may impose a fine not
11 exceeding $500 per offense upon any person or entity that
12 violates the food requirements under subsection (1).
13 Section 3. Subsection (2) of section 500.121, Florida
14 Statutes, is amended to read:
15 500.121 Disciplinary procedures.--
16 (2)(a) Any manufacturer, processor, packer, or
17 distributor who misrepresents or mislabels the country of
18 origin of any food may, in addition to any penalty provided in
19 this chapter, be subject to an additional administrative fine
20 of up to $10,000 per violation.
21 (b) The Department of Agriculture and Consumer
22 Services may impose a fine not exceeding $10,000 against any
23 manufacturer, processor, packer, or distributor that
24 misrepresents nutritional information on food labels.
25 Section 4. This act shall take effect July 1, 2005.
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28 SENATE SUMMARY
29 Creates the Childhood Obesity Prevention Act. Provides
nutritional standards for food that is available to
30 school children on school campuses. Requires that each
school's child nutrition program approve all food sold on
31 public school campuses or sold for fundraising purposes.
Provides penalties.
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