Florida Senate - 2008 SB 1708
By Senator Margolis
35-03709-08 20081708__
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A bill to be entitled
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An act relating to child nutrition; providing a short
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definitions; providing requirements for foods served in
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child care facilities and school food service programs;
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providing for exceptions and substitutions in certain
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circumstances; amending s. 1003.453, F.S.; requiring a
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school district's health education curriculum to include
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nutrition education; requiring a study by the Department
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of Agriculture and Consumer Services and the Department of
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Education of the fiscal impact of establishing a statewide
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Farm-to-School Program; requiring a report and
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recommendations; providing an effective date.
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WHEREAS, good nutrition practices in child care facilities
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and schools help in the promotion of healthy eating habits for
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children, and
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WHEREAS, processed trans fats raise low-density lipoprotein
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(LDL) and lower high-density lipoprotein (HDL) cholesterol levels
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and provide no known benefit to the health of children, and
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WHEREAS, the majority of meals served in schools exceed fat
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content recommendations set by the United States Department of
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Agriculture, and
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WHEREAS, fat-free milk is recommended by the American
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Academy of Pediatrics and the American Heart Association for
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children 2 years of age and older, and
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WHEREAS, whole grains reduce the risk of heart disease and
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digestive disorders and are recommended by the American Academy
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of Pediatrics, the American Heart Association, and other health
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organizations, and
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WHEREAS, unrestricted fruit juice consumption can lead to
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excessive caloric intake, and limitation of the consumption of
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fruit juice is recommended by the American Academy of Pediatrics,
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and
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WHEREAS, the effects of high-fructose corn syrup in the
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diets of children are unknown, and
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WHEREAS, nutrition education in Florida's schools will
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motivate students to choose a healthy diet essential to normal
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growth and development and to establish healthy lifelong eating
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patterns, and
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WHEREAS, the regulation of foods served in child care
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facilities and schools and effective nutrition education in
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kindergarten through grade 12 will promote the health and well-
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being of children and are appropriate and beneficial, NOW,
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THEREFORE,
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. This act may be cited as the "Florida Healthier
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Child Care and School Nutrition Act."
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Section 2. Subsection (8) of section 402.305, Florida
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Statutes, is amended to read:
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402.305 Licensing standards; child care facilities.--
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(8) NUTRITIONAL PRACTICES.--
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(a) Minimum standards shall include requirements for the
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provision of meals or snacks of a quality and quantity to ensure
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assure that the nutritional needs of the child are met.
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(b) As used in this subsection:
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1. "High-fructose corn syrup" means a syrup consisting of a
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combination of fructose and dextrose.
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2. "Trans fats" means processed or artificially
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hydrogenated or partially hydrogenated fats but does not include
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the small amounts of these fats occurring naturally in milk and
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meat.
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3. "Whole grain" means grain that consists of the intact
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grain seed or that consists of the ground, cracked, or flaked
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grain seed the principal anatomical components of which are
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present in the same relative proportions as exist in the intact
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grain seed.
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(c) Beginning August 1, 2009, in addition to state
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requirements and requirements under the federal Child Care Food
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Program, child care facilities:
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1. Shall provide the following:
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a. Only foods that do not contain trans fats. Foods that do
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not contain trans fats are unprocessed natural foods and
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processed or packaged foods labeled as containing zero trans fat
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in accordance with United States Food and Drug Administration
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standards. Foods without trans fat labeling are exempt from this
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requirement until trans fat content information for such foods is
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made available.
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b. Whole wheat flour, white whole wheat flour, or whole
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grain breads, baked goods, and pasta products in place of white
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flour or processed grain breads, baked goods, and pastas.
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c. Milk with a fat content of no more than 1 percent for
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healthy children 2 years of age and older and whole milk for
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healthy children under 2 years of age.
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d. Fresh, frozen, unsweetened canned, or dried whole fruits
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instead of fruit juice for at least half of all fruit servings
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each week. No more than 6 ounces of fruit juice a day shall be
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served to children under 7 years of age, and no more than 8
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ounces of fruit juice a day shall be served to children 7 years
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of age and older.
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2. Shall not provide soft drinks, juices, or cereals
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containing high-fructose corn syrup and shall not use high-
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fructose corn syrup in sauces, jellies, or liquids.
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3. Shall permit medically necessary exceptions for children
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with appropriate documentation from a health professional.
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4. May make substitutions if specified foods cannot be
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reasonably obtained in instances of declared disaster or other
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community crisis.
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Section 3. Section 1003.453, Florida Statutes, is amended
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to read:
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1003.453 School wellness and physical education policies;
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nutrition guidelines and education.--
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(1) By September 1, 2006, each school district shall submit
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to the Department of Education a copy of its school wellness
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policy as required by the Child Nutrition and WIC Reauthorization
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Act of 2004 and a copy of its physical education policy required
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under s. 1003.455. Each school district shall annually review its
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school wellness policy and physical education policy and provide
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a procedure for public input and revisions. In addition, each
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school district shall send an updated copy of its wellness policy
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and physical education policy to the department when a change or
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revision is made.
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(2) By December 1, 2006, the department shall post links to
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each school district's school wellness policy and physical
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education policy on its website so that the policies can be
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accessed and reviewed by the public. Each school district shall
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provide the most current versions of its school wellness policy
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and physical education policy on the district's website.
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(3) By December 1, 2006, the department must provide on its
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website links to resources that include information regarding:
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(a) Classroom instruction on the benefits of exercise and
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healthful eating.
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(b) Classroom instruction on the health hazards of using
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tobacco and being exposed to tobacco smoke.
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(c) The eight components of a coordinated school health
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program, including health education, physical education, health
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services, and nutrition services.
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(d) The core measures for school health and wellness, such
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as the School Health Index.
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(e) Access for each student to the nutritional content of
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foods and beverages and to healthful food choices in accordance
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with the dietary guidelines of the United States Department of
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Agriculture.
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(f) Multiple examples of school wellness policies for
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school districts.
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(g) Examples of wellness classes that provide nutrition
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education for teachers and school support staff, including
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encouragement to provide classes that are taught by a licensed
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nutrition professional from the school nutrition department.
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(4) Each school district shall provide students in each
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grade level, kindergarten through grade 12, with a health
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education curriculum that includes nutrition education. Nutrition
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education shall focus on increasing a student's knowledge of what
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constitutes good nutrition with an emphasis on motivating the
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student to make healthful food choices.
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(5)(4) School districts are encouraged to provide basic
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training in first aid, including cardiopulmonary resuscitation,
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for all students, beginning in grade 6 and every 2 years
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thereafter. Private and public partnerships for providing
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training or necessary funding are encouraged.
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Section 4. Subsection (6) is added to section 1006.06,
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Florida Statutes, to read:
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1006.06 School food service programs.--
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(6)(a) As used in this subsection:
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1. "High-fructose corn syrup" means a syrup consisting of a
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combination of fructose and dextrose.
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2. "Trans fats" means processed or artificially
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hydrogenated or partially hydrogenated fats but does not include
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the small amounts of these fats occurring naturally in milk and
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meat.
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3. "Whole grain" means grain that consists of the intact
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grain seed or that consists of the ground, cracked, or flaked
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grain seed the principal anatomical components of which are
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present in the same relative proportions as exist in the intact
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grain seed.
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(b) Beginning with the 2009-2010 school year, in addition
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to state and federal requirements, school food service programs:
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1. Shall provide the following:
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a. Only foods that do not contain trans fats. Foods that do
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not contain trans fats are unprocessed natural foods and
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processed or packaged foods labeled as containing zero trans fat
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in accordance with United States Food and Drug Administration
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standards. Foods without trans fat labeling are exempt from this
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requirement until trans fat content information for such foods is
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made available.
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b. Whole wheat flour, white whole wheat flour, or whole
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grain breads, baked goods, and pasta products in place of white
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flour or processed grain breads, baked goods, and pastas.
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c. Milk with a fat content of no more than 1 percent for
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healthy students.
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d. Fresh, frozen, unsweetened canned, or dried whole fruits
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instead of fruit juice for at least half of all fruit servings
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each week. No more than 6 ounces of fruit juice a day shall be
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served to students under 7 years of age, and no more than 8
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ounces of fruit juice a day shall be served to students 7 years
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of age and older.
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2. Shall not provide soft drinks, juices, or cereals
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containing high-fructose corn syrup and shall not use high-
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fructose corn syrup in sauces, jellies, and liquids.
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3. Shall permit medically necessary exceptions for students
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with appropriate documentation from a health professional.
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4. May make substitutions if specified foods cannot be
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reasonably obtained in instances of declared disaster or other
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community crisis.
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Section 5. The Department of Agriculture and Consumer
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Services, in conjunction with the Department of Education, is
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directed to study the fiscal impact of establishing a statewide
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"Farm-to-School Program" to connect schools with farms for the
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purposes of serving healthy meals in schools, improving student
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nutrition, providing health and nutrition learning opportunities,
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and supporting local and state farmers. A report and
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recommendations shall be submitted to the Governor, the President
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of the Senate, and the Speaker of the House of Representatives by
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January 1, 2009.
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Section 6. This act shall take effect July 1, 2008.
CODING: Words stricken are deletions; words underlined are additions.