Senate Bill No. 37
(By Senators Foster, White and Hunter)
____________
[Introduced January 9, 2008; referred to the Committee on Health
and Human Resources; and then to the Committee on Education.]
____________
A BILL to amend and reenact §18-2-6a of the Code of West Virginia,
1931, as amended, relating to the sale of healthy beverages
and soft drinks in schools generally; prohibiting the serving
of soft drinks in elementary, middle or junior high schools
during the school day; requiring high schools selling or
serving soft drinks during the school day to sell and make
equally accessible to students healthy beverages; prohibiting
the sale or serving of soft drinks in high schools during
breakfast and lunch periods; requiring that the sale of soft
drinks and healthy beverages be administered by the West
Virginia Department of Education; requiring profits from the
sale of healthy beverages accrue to the benefit of the
nutrition program; and prohibiting competitive sales of foods
and beverages of minimal nutritional value in the food service
areas during meal service periods.
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. Sale of healthy beverages and soft drinks in schools.
(a) In order to generate funding for necessary programs and
supplies, county boards may permit the sale of healthy beverages
and soft drinks in county schools
except during breakfast and lunch
periods as follows:
(1) During
a the school day, soft drinks may not be sold
or
served in areas accessible to students in an elementary school,
middle school or junior high school through vending machines,
on
the premises, in school stores,
or in school canteens,
or through
fund raisers by students, teachers, groups or
by any other means.
In elementary, middle school or junior high school, only healthy
beverages may be sold
or served during the school day in through
vending machines,
on the premises, in school canteens,
or through
fund raisers by students, teachers, groups or
by any other means.
Nothing in this section shall be construed to prohibit or limit
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.
(2)
High schools may permit the sale or the serving of soft
drinks during the school day except during breakfast and lunch periods. Those high schools which permit the sale
or serving of
soft drinks
during the school day through vending machines also
shall offer for sale shall sell and make equally accessible to
students healthy beverages. Of the total beverages offered for
sale
or offered to be served, at least fifty percent shall be
healthy beverages. Vending machines containing healthy beverages
shall be in the same location or substantially similar location as
vending machines containing soft drinks.
(3) The sale of healthy beverages and soft drinks shall be in
compliance with the rules of the National School Lunch Program and
the School Breakfast Program
of administered by the
State Board
West Virginia Department of Education and the
Food and Nutrition
Service of the United States Department of Agriculture, which
became effective on the seventeenth day of June, one thousand nine
hundred eighty-five. Seventy-five percent of the profits from the
sale of healthy beverages and soft drinks shall be allocated by a
majority vote of the faculty Senate of each school and twenty-five
percent of the profits from the sale of healthy beverages and soft
drinks shall be allocated to the purchase of necessary supplies by
the principal of the school,
except that profits from the sale of
healthy beverages offered through school nutrition programs shall
accrue to the benefit of the nutrition program. In accordance with
7 CFR §210.11(2006), all sales of competitive foods and beverages
of minimal nutritional value are prohibited in the food service areas during the meal service periods.
(b) For the purposes of this section:
(1) "School day" means the period of time between the arrival
of the first student at the school building and the end of the last
instructional period; and
(2) "Healthy beverage" means water, one hundred percent fruit
and vegetable juice,
and reduced or low-fat milk.
and other juice
beverages with a minimum of twenty percent real juice
NOTE: The purpose of this bill is to prohibit the serving of
soft drinks in elementary, middle or junior high schools during the
school day; to require high schools selling or serving soft drinks
during the school day to sell and make equally accessible to
students healthy beverages; to prohibit the sale or serving of soft
drinks in high schools during breakfast and lunch periods; to
require that the sale of soft drinks and healthy beverages be
administered by the West Virginia Department of Education;
requiring profits from the sale of healthy beverages to the benefit
of the nutrition program; and prohibiting competitive sales of
foods and beverages of minimal nutritional value in the food
service areas during meal service periods, pursuant to 7 CFR
§210.11(2006)
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.