First Regular Session Sixty-seventh General Assembly STATE OF COLORADO INTRODUCED LLS NO. 09-0344.01 Richard Sweetman SENATE BILL 09-046 SENATE SPONSORSHIP Sandoval, HOUSE SPONSORSHIP (None), Senate Committees House Committees Education A BILL FOR AN ACT Concerning healthy snack foods in schools. Bill Summary (Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments that may be subsequently adopted.) Requires each school district board of education and the state charter school institute to adopt and implement a policy that prohibits the sale of snack foods to students from any source. Creates exceptions to the policy for sales of snack foods that satisfy minimum nutritional requirements and sales of snack foods that occur off school campuses or at certain school-sponsored events. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. Article 32 of title 22, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read: 22-32-134.7. Healthy snack foods - definitions - policy required. (1) As used in this section, unless the context otherwise requires: (a) "Extended school day" shall have the same meaning as provided in section 22-32-134.5 (3) (b). (b) "Recommended daily intake" means the daily dietary intake amount of a nutrient that is considered by the United States department of agriculture to be sufficient to meet the requirements of nearly all healthy individuals. (c) "Snack food" means any food that is available for sale on a school campus, except: (I) Beverages; or (II) Food that is available to students as part of a regularly scheduled school meal program. (2) On or before July 1, 2010, each school district board of education shall adopt and implement a policy that prohibits the sale of snack foods to students during the extended school day, except as described in subsection (3) of this section. The prohibition shall include but need not be limited to the following sources: (a) School cafeterias; (b) Vending machines; (c) School stores; and (d) Fund-raising activities conducted on school campuses. (3) A school district policy adopted pursuant to subsection (2) of this section shall permit the sale of only those snack foods that satisfy one or more of the following descriptions: (a) Unpackaged fruit in any amount with no added sweeteners or fruit that is dried or packaged in its own juice and offered in serving sizes not exceeding the following amounts: (I) For sale in an elementary school, one hundred fifty calories per serving; (II) For sale in a middle school or junior high school, one hundred eighty calories per serving; and (III) For sale in a high school, two hundred calories per serving; (b) Nonfried, unpackaged vegetables in any amount or nonfried vegetables that are dried or packaged in their own juice and offered in serving sizes not exceeding the following amounts: (I) For sale in an elementary school, one hundred fifty calories per serving; (II) For sale in a middle school or junior high school, one hundred eighty calories per serving; and (III) For sale in a high school, two hundred calories per serving; (c) Reduced-fat, part-skim, or skim cheese offered in serving sizes not exceeding one and one-half ounces; (d) A single egg or egg equivalent with no added fat; (e) Nuts, seeds, and nut butters that contain no more than thirty-five percent of total calories from fat; (f) Low-fat or fat-free dairy products containing no more than four hundred eighty milligrams of sodium per serving; (g) Any food of which a single serving satisfies all of the following limitations: (I) No more than thirty-five percent of the total calories in the serving are from fat; (II) No more than ten percent of the total calories in the serving are from saturated fat and no more than one gram is saturated fat; (III) The serving contains zero grams of trans fats as labeled; (IV) The serving contains no more than thirty-five percent sugar, as measured by weight; (V) The serving contains no more than two hundred thirty milligrams of sodium; except that a serving of soup or a serving of vegetables with sauce may contain no more than four hundred eighty milligrams of sodium if the serving also contains at least: (A) Two grams of fiber; (B) Five grams of protein; (C) Ten percent of the recommended daily intake of vitamin A, vitamin C, vitamin E, folate, calcium, magnesium, potassium, or iron; or (D) One-quarter cup of fruit or vegetables; (VI) The serving contains no more than one hundred total calories; except that a serving of soup or a serving of vegetables with sauce may exceed the one-hundred-calorie limit if the serving includes at least two of the following: Two grams of fiber; five grams of protein; ten percent of the recommended daily intake of vitamin A, vitamin C, vitamin E, folate, calcium, magnesium, potassium, or iron; or at least one-quarter cup of fruit or vegetables, and if the serving meets the following calorie limits: (A) For sale in an elementary school, one hundred fifty calories per serving; (B) For sale in a middle school or junior high school, one hundred eighty calories per serving; and (C) For sale in a high school, two hundred calories per serving. (4) Notwithstanding any other provision of this section, the provisions of this section shall not apply to: (a) Sales of snack foods that occur off a school campus, but not while students are in transit to or from school, as part of fund-raising activities that are sponsored by a school or by a group of students that is associated with a school; or (b) Sales of snack foods by booster clubs or other parent groups at school-sponsored events where parents and other adults constitute a significant portion of the population that is present, including but not limited to interscholastic athletic events, school plays, and musical concerts. (5) The provisions of this section shall apply to contracts entered into or renewed by a school district or a charter school on or after July 1, 2010. SECTION 2. 22-32-136 (4) and (5) (b), Colorado Revised Statutes, are amended to read: 22-32-136. Children's nutrition - healthful alternatives - information - facilities - local wellness policy - competitive foods. (4) Each school district board of education is encouraged to establish rules specifying the time and place at which competitive foods may be sold on school property in order to encourage the selection of healthful food choices by students. Rules established pursuant to this subsection (4) shall conform to the policy adopted and implemented by the school district board of education pursuant to section 22-32-134.7. (5) On or before July 1, 2006, each school district board of education is encouraged to adopt a local wellness policy as provided for in the federal "Child Nutrition and WIC Reauthorization Act of 2004", Public Law 108-265, which provides, in part, that, not later than the first day of the school year beginning after June 30, 2006, each school district participating in a program authorized by the Richard B. Russell national school lunch act, 42 U.S.C. 1751 et seq., or the children's nutrition act of 1966, 42 U.S.C. 1771 et seq., shall establish a local school wellness policy for schools under the local educational agency that, at a minimum: (b) Includes nutrition guidelines selected by the local school district for all foods available on each school campus during the school day with objectives of promoting student health and reducing childhood obesity and overweight and the number of children who are overweight or who have type 2 diabetes. The nutrition guidelines shall comply with section 22-32-134.7. SECTION 3. 22-30.5-505, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read: 22-30.5-505. State charter school institute - institute board - appointment - powers and duties - rules. (14) Pursuant to section 22-30.5-518, the institute shall adopt and implement a policy that regulates the sale of snack foods to students at an institute charter school. SECTION 4. Part 5 of article 30.5 of title 22, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read: 22-30.5-518. Institute charter school healthy snack foods - definitions - policy. (1) As used in this section, unless the context otherwise requires: (a) "Extended school day" shall have the same meaning as provided in section 22-32-134.5 (3) (b). (b) "Recommended daily intake" means the daily dietary intake amount of a nutrient that is considered by the United States department of agriculture to be sufficient to meet the requirements of nearly all healthy individuals. (c) "Snack food" means any food that is available for sale on a school campus, except: (I) Beverages; or (II) Food that is available to students as part of a regularly scheduled school meal program. (2) On or before July 1, 2010, the state charter school institute shall adopt and implement a policy that prohibits the sale of snack foods to students during the extended school day, except as described in subsection (3) of this section. The prohibition shall include but need not be limited to the following sources: (a) School cafeterias; (b) Vending machines; (c) School stores; and (d) Fund-raising activities conducted on school campuses. (3) The policy adopted pursuant to subsection (2) of this section shall permit the sale of only those snack foods that satisfy one or more of the following descriptions: (a) Unpackaged fruit, in any amount, with no added sweeteners or fruit that is dried or packaged in its own juice and offered in serving sizes not exceeding the following amounts: (I) For sale in an elementary school, one hundred fifty calories per serving; (II) For sale in a middle school or junior high school, one hundred eighty calories per serving; and (III) For sale in a high school, two hundred calories per serving; (b) Nonfried, unpackaged vegetables in any amount or nonfried vegetables that are dried or packaged in their own juice and offered in serving sizes not exceeding the following amounts: (I) For sale in an elementary school, one hundred fifty calories per serving; (II) For sale in a middle school or junior high school, one hundred eighty calories per serving; and (III) For sale in a high school, two hundred calories per serving; (c) Reduced-fat, part-skim, or skim cheese offered in serving sizes not exceeding one and one-half ounces; (d) A single egg or egg equivalent with no added fat; (e) Nuts, seeds, and nut butters that contain no more than thirty-five percent of total calories from fat; (f) Low-fat or fat-free dairy products containing no more than four hundred eighty milligrams of sodium per serving; (g) Any food of which a single serving satisfies all of the following limitations: (I) No more than thirty-five percent of the total calories in the serving are from fat; (II) No more than ten percent of the total calories in the serving are from saturated fat and no more than one gram is saturated fat; (III) The serving contains zero grams of trans fats as labeled; (IV) The serving contains no more than thirty-five percent sugar, as measured by weight; (V) The serving contains no more than two hundred thirty milligrams of sodium; except that a serving of soup or a serving of vegetables with sauce may contain no more than four hundred eighty milligrams of sodium if the serving also contains at least: (A) Two grams of fiber; (B) Five grams of protein; (C) Ten percent of the recommended daily intake of vitamin A, vitamin C, vitamin E, folate, calcium, magnesium, potassium, or iron; or (D) At least one-quarter cup of fruit or vegetables; (VI) The serving contains no more than one hundred total calories; except that a serving of soup or a serving of vegetables with sauce may exceed the one hundred-calorie limit if the serving includes at least two of the following: Two grams of fiber; five grams of protein; ten percent of the recommended daily intake of vitamin A, vitamin C, vitamin E, folate, calcium, magnesium, potassium, or iron; or at least one-quarter cup of fruit or vegetables, and if the serving meets the following calorie limits: (A) For sale in an elementary school, one hundred fifty calories per serving; (B) For sale in a middle school or junior high school, one hundred eighty calories per serving; and (C) For sale in a high school, two hundred calories per serving. (4) Notwithstanding any other provision of this section, the provisions of this section shall not apply to: (a) Sales of snack foods that transpire off a school campus, but not while students are in transit to or from school, as part of fund-raising activities that are sponsored by a school or by a group of students that is associated with a school; or (b) Sales of snack foods by booster clubs or other parent groups at school-sponsored events where parents and other adults constitute a significant portion of the population that is present, including but not limited to interscholastic athletic events, school plays, and musical concerts. (5) The provisions of this section shall apply to contracts entered into or renewed by the state charter school institute or by an institute charter school on or after July 1, 2010. SECTION 5. Act subject to petition - effective date. This act shall take effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section 1 (3) of the state constitution, (August 4, 2009, if adjournment sine die is on May 6, 2009); except that, if a referendum petition is filed against this act or an item, section, or part of this act within such period, then the act, item, section, or part, if approved by the people, shall take effect on the date of the official declaration of the vote thereon by proclamation of the governor.