PROPOSED
HOUSE OF REPRESENTATIVES AMENDMENTS TO H.B. 2557
(Reference to printed bill)
Strike everything after the enacting clause and insert:
"Section 1. Section 15-242, Arizona Revised Statutes, is amended to read:
15-242. Nutritional standards
A. By July 1, 2006, the department shall develop minimum nutrition standards that meet at least federal guidelines and regulations for foods and beverages sold or served on the school grounds of elementary schools, middle schools and junior high schools during the normal school day. These nutrition standards may include portion sizes, minimum nutrient values and a listing of contents. This subsection does not prohibit the department from developing minimum nutrition standards that are more stringent than the federal guidelines and regulations for foods and beverages sold or served on school grounds during the normal school day.
B. All elementary schools, middle schools and junior high schools shall participate in the national school lunch program as defined in Public Law 108‑265 except that a school district with fewer than one hundred pupils that is not currently participating in the national school lunch program may be exempt from this subsection if the school district governing board determines at a public meeting to not participate in the requirements of this subsection.
C. Food and beverages sold or served on the school grounds of elementary schools, middle schools and junior high schools or at school‑sponsored events of elementary schools, middle schools and junior high schools during the normal school day shall meet the nutrition standards developed by the department, including foods and beverages offered as any of the following:
1. A la carte items in the food service program.
2. Food and beverages sold in vending machines, snack bars and meal‑period kiosks and at school stores.
D. Foods of minimal nutritional value as defined by 7 Code of Federal Regulations section 210.11(2) shall not be served or sold during the normal school day on any elementary school, middle school or junior high school campus.
E. Beginning on July 15, 2006, new contracts and renewal contracts for food or beverages, or both, shall expressly prohibit the sale of sugared, carbonated beverages and all other foods of minimal nutritional value as defined by 7 Code of Federal Regulations section 210.11(2) on elementary school, middle school and junior high school campuses. The department may approve, on or after the effective date of this section August 12, 2005, a carbonated drink that is determined by the department to meet or exceed the department’s minimum nutrition standards.
F. Parents, pupils and community members may review food and beverage contracts to ensure that food and beverages sold on elementary school, middle school and junior high school campuses provide nutritious sustenance to pupils, promote good health, help students learn, provide energy and model fit living for life.
G. School districts that offer instruction in grades nine through twelve may adopt nutrition standards for high school campuses.
H. School districts that offer instruction in grades nine through twelve may adopt nutrition standards for high school campuses.
H. By July 1, 2008, the department of education shall develop minimum nutrition standards for foods and beverages sold or served on the school grounds of high schools. If sufficient monies are available, before July 1, 2008, the department of education may develop and implement incentive programs to encourage high schools to meet the nutrition standards adopted pursuant to subsection A of this section.
I. Nothing in this section shall be construed to:
1. Prohibit a school district from developing and adopting nutrition standards that are more stringent than those developed pursuant to this section.
2. Prohibit or limit the sale or distribution of any food or beverage item through fund‑raising activities of students, teachers or educational groups when the items are intended for sale off the school grounds.
3. Prohibit or limit the sale or distribution of any food or beverage items to teachers, administrators or other adults in a faculty lounge or under other circumstances where the sale or distribution is limited to teachers, administrators or other adults.
Sec. 2. Nutritional standards incentives program for high schools
A. The department of education shall develop a four-year nutritional standards incentives program for high schools. The department of education shall develop application procedures and application forms and shall publish information about the incentives program on the department's web site.
B. The department of education shall select the following high schools to participate in the program:
1. The first twenty high schools in this state that submit to the department of education a valid and complete application for participation in the incentives program and that are located in a county with a population of at least two million persons.
2. The first ten high schools in this state that submit to the department of education a valid and complete application for participation in the incentives program and that are located in a county with a population of at least eight hundred thousand persons but less than two million persons.
3. The first twenty high schools in this state that submit to the department of education a valid and complete application for participation in the incentives program and that are located in a county with a population of less than eight hundred thousand persons.
C. The department of education shall distribute a one-time grant in the amount of $50,000 to each high school that is selected to participate in the incentives program. The monies distributed pursuant to this subsection shall only be used for classroom activities for students and extracurricular activities for students and shall not be used for employee salaries, employee stipends or for any other purposes.
D. Each high school that is selected to participate in the incentives program shall comply with section 15-242, Arizona Revised Statutes, as amended by this act, until at least June 30, 2010.
E. If a high school that is selected to participate in the incentives program does not comply with the requirements of subsection D of this section, that high school shall reimburse the department of education for the full amount of the monies distributed to the high school pursuant to subsection C of this section and the department of education shall distribute a grant in the amount of $50,000 to another high school that submitted an application to participate in the incentives program.
F. The department of education shall submit a report that provides a detailed summary of the results of the nutritional standards incentives program for high schools on or before December 15, 2010 to the governor, the speaker of the house of representatives and the president of the senate. The department of education shall provide a copy of this report to the secretary of state and the director of the Arizona state library, archives and public records.
Sec. 3. Delayed repeal
Section 2 of this act, relating to the nutritional standards incentives program for high schools, is repealed from and after September 30, 2011.
Sec. 4. Intent
The legislature intends by this act to promote a healthier Arizona beginning with the schools in this state by providing a one-time incentive to fifty high schools in this state if those high schools agree to follow the nutritional standards prescribed in section 15-242, Arizona Revised Statutes, as amended by this act, for at least four years.
Sec. 5. Appropriation; nutritional standards incentives program; exemption
A. The sum of $2,500,000 is appropriated from the state general fund in fiscal year 2006-2007 to the department of education for distribution of grants to high schools that are selected to participate in the nutritional standards incentives program established by this act.
B. The appropriation made in subsection A of this section is exempt from the provisions of section 35-190, Arizona Revised Statutes, relating to lapsing of appropriations."
Amend title to conform
MARK ANDERSON |