BILL REQ. #:  H-3766.1 

Read first time 01/20/2004.   Referred to Committee on Health Care.

     AN ACT Relating to the sale of foods and beverages sold outside the federally funded school meal programs on public school campuses; adding a new section to chapter 28A.235 RCW; and creating a new section.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   (1) The legislature finds:
     (a) Childhood obesity has reached epidemic levels. Nearly fifteen percent of youth are overweight;
     (b) Overweight and obese children are at higher risk for developing severe and costly long-term health problems, including but not limited to, type 2 diabetes, cardiovascular disease, high blood pressure, and asthma. Seventy percent of overweight adolescents become overweight adults;
     (c) Overweight youth also are often affected by discrimination, psychological stress, low self-esteem, and depression;
     (d) Poor diet negatively affects the ability to learn and decreases motivation and attentiveness. In addition, poor diet contributes to poor oral health which also negatively affects school performance;
     (e) Obesity-related illness costs our United States health care system close to seventy-five billion dollars a year;
     (f) There are many factors that contribute to childhood obesity, including increased access to high-calorie, high-fat foods and sugar-sweetened beverages; increased portion sizes; decreased opportunities for physical activity; and aggressive marketing by the food industry;
     (g) Schools play a highly influential role in the formation of children's eating and physical activity habits;
     (h) Schools providing nonnutritious food and beverages in vending machines, school stores, a la carte lines, and as fundraisers are contributing to the problem of childhood obesity and are sending a message to youth that good nutrition is not important to their health or education.
     (2) While the United States department of agriculture requires that meals sold in schools as part of the national school lunch and school breakfast programs be consistent with the dietary guidelines for Americans, limited effective standards are in place to regulate competitive foods, which are often high in calories, fat, sodium, and added sugars. However, the United States department of agriculture does call for states and local entities to add restrictions on competitive foods, as necessary. Schools are encouraged to develop policies to encourage children to purchase and consume healthful food and beverages.

NEW SECTION.  Sec. 2   A new section is added to chapter 28A.235 RCW to read as follows:
     (1) In elementary and middle/junior high schools:
     (a) Any food sold in competition with the federally funded school meal programs, must meet the following standards:
     (i) No more than thirty percent of its total calories are from fat, unless the food is nuts or seeds;
     (ii) No more than ten percent of its total calories are from saturated fat;
     (iii) No more than thirty-five percent of its total weight is composed of sugar, unless the food is unsweetened fruit and/or vegetables;
     (b) During regular school hours, and during federally funded school meal programs, water, nonfat or low-fat plain or flavored milk, nonfat or low-fat plain or flavored soy milk or rice milk, and one hundred percent fruit juices that have no added sweeteners are the only beverages that may be sold to pupils. Beverages that contain more than ten milligrams of caffeine per serving are prohibited. Serving sizes may not exceed twelve ounces.
     (c) No foods defined by the United States department of agriculture as foods of minimal nutrition value may be served on school campuses during regular school hours.
     (2) This section does not apply to holiday events, special celebrations, or class parties for which food and beverages are brought into the school.
     (3) Teachers are encouraged not to use food as a reward or incentive for student behavior or academic performance.
     (4) Beginning September 1, 2004, the office of superintendent of public instruction shall review and test compliance with this section as required by federal law. If a district is found not in compliance, it must submit a corrective plan to the office of superintendent of public instruction and implement the plan within six months from the finding of noncompliance.