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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title; amending ss. 402.305 and 1006.06, F.S.; providing

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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.