H. B. 2842


(By Delegate M. Poling, (By Request))
[Introduced February 5, 2007; referred to the
Committee on Education then the Judiciary.]




A BILL to amend and reenact §18-2-6a of the Code of West Virginia, 1931, as amended, relating to sale and serving of beverages in schools; limiting such sale and serving under certain circumstances; authorizing sale and serving of healthy beverages during meal service periods; modifying profit allocation provisions regarding certain sale of healthy beverages; and modifying certain provisions regarding beverages that qualify as healthy beverages.

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 as provided in this section.
(1) This section applies to beverages sold or served by any means during the school day in any area accessible to students. This includes, but is not limited to, selling or serving:
(A) In a school cafeteria, canteen or store;
(B) On school premises;
(C) In a vending machine; and
(D) Through any fund raising activity conducted by students, teachers or groups.

(1) During a school day
(2) In an elementary, middle or junior high school:
(A) Soft drinks may not be sold or served; and 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
(B) Only healthy beverages may be sold or served. in 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) Those high schools which permit the sale of soft drinks through vending machines also shall offer for sale
(3) High schools may permit soft drinks to be sold and served during the school day except during breakfast and lunch periods. A high school that permits soft drinks to be sold or served during the school day shall sell and make equally accessible to students healthy beverages. At least fifty percent of the total beverages offered for sale or 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) (4) 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 the State Board administered by the West Virginia Department of Education and the Food and the Nutrition Service of the United States Department of Agriculture. which became effective on the seventeenth day of June, one thousand nine hundred eighty-five
(5) This section does not prohibit or limit the sale or distribution of any food or beverage item through a fund-raising activity conducted by students, teachers or educational groups when the items are intended for sale off the school grounds.
(6) In accordance with 7 C.F.R. §210.11, all competitive food and beverage sales are prohibited in any food service area during any meal service period.
(b) All profits from the sale of healthy beverages offered through a school nutrition program accrue to the benefit of the nutrition program.
Seventy-five percent of the profits from the sale other sales of healthy beverages and soft drinks in a county school shall be allocated by a majority vote of the faculty senate of each school. and The remaining twenty-five percent of the those 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.
(b) (c) 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 or 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 correct contrary provisions that prohibit the sale of healthy beverages such as water, 100% juice and low-fat milk, during breakfast and lunch periods. Provisions for profit allocation that conflict with the National School Lunch Program are modified. Juice beverages with a minimum of 20% real juice are removed from the "healthy beverage" definition.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.