COMMITTEE SUBSTITUTE
FOR
H. B. 2842
(By Delegate M. Poling, By Request)
(Originating in the Committee on Education)
[February 20, 2007]
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, reduced or low-fat milk, and other juice
beverages with a minimum of twenty percent real juice.".
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.