Senate Bill 170 History
Senate Bill No. 170
(By Senators Chafin and Foster)
[Introduced February 14, 2005; referred to the Committee
A BILL to amend and reenact §18-2-6a of the Code of West Virginia,
1931, as amended, relating to specifying beverages allowed to
be sold or furnished in schools.
Be it enacted by the Legislature of West Virginia:
That §18-2-6a of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 2. STATE BOARD OF EDUCATION.
§18-2-6a. Limitations on beverages in schools.
(a) As used in this section:
(1) "Nutritious beverages" include water, one-hundred percent
fruit juice and low-fat milk. "Nutritious beverages" do not
include beverages that contain caffeine, beverages that contain
more than ten grams of sugar per twelve ounce serving and beverages
that are carbonated; and
(2) "School day" means the period beginning thirty minutes before the arrival of the first student at the school building and
ending one hour after the last instructional period.
(b) During a school day an elementary school, a middle school
or a junior high school may not sell, whether through vending
machines, school stores or fundraisers by students, teachers or any
other persons, or through any other means, beverages other than
nutritious beverages, as specified in this section.
(c) During a school day in high school, at least seventy-five
percent of the beverages offered for sale through vending machines,
school stores, or fundraisers by students, teachers or other
persons, or through any other means, shall be nutritious beverages.
Except, only nutritious beverages may be sold during the breakfast
and lunch serving periods in competition with the school breakfast
program or the national school lunch program. If a high school
sells beverages, nutritious beverages shall be sold at a price at
least twenty-five percent less than prices of any other beverages.
(d) Contracts between schools and beverage companies or other
entities selling beverages for the sale of beverages on school
property during a school day or at a school sponsored function on
school property shall be competitively bid.
(e) In the event that students are given beverages free of
charge during the school day at a school related event on school
property, only nutritious beverages may be provided.
(f) (1) Any public school that violates any provision of this section is subject to an assessment to be imposed by the state
superintendent of schools as follows:
(A) The first violation shall result in an assessment of no
less than one week's revenue from the sale of the beverage;
(B) Subsequent violations shall result in a fine of no less
than one month's revenue from the sale of the beverage; and
(C) "Habitual violations," which means five or more violations
within a six-month period, shall result in a six-month ban on
nonnutritious beverage sales for the violating school.
(2) Revenue collected as a result of the assessments collected
under this subsection shall be transferred to the West Virginia
state department of education to be deposited into the nutrition
education training fund.
(g) All sales of beverages on school property shall comply
with the rules of the national school lunch program and the school
breakfast program of the state board and the nutrition service of
the United States Department of Agriculture.
NOTE: The purpose of this bill is to specify beverages that
are allowed to be sold or furnished in schools.
This section has been completely rewritten; therefore,
strike-throughs and underscoring have been omitted.