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Introduced Version Senate Bill 222 History

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Senate Bill No. 222

(By Senators Prezioso, Stollings, Foster, Jenkins, Caruth, Sprouse, Hunter, Wells, McCabe, Love and Deem)

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[Introduced January 16, 2008; referred to the Committee on Health and Human Resources; and then to the Committee on Education.]

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A BILL to amend and reenact §18-2-6a of the Code of West Virginia, 1931, as amended, relating to providing only healthy beverages and healthy and nutritional snacks in the county school system.

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 and health snacks, as those terms are defined in this section in county schools. except during breakfast and lunch periods as follows:
(1) During a school day, soft drinks may not be sold 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 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 healthy beverages. Of the total beverages offered for sale, 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 healthy or nutritional snacks shall be in compliance 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, 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 healthy or nutritional snacks 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 healthy or nutritional snacks shall be allocated to the purchase of necessary supplies by the principal of the school.
(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) (1) "Healthy beverage" means water, one hundred percent fruit and vegetable juice with no added sugars flavored or unflavored nonfat, low-fat milk. and other juice beverages with a minimum of twenty percent real juice Fruit and vegetable juice portion sizes should be limited to no more than four ounces for elementary students and no more than eight ounces for middle or high school students per product or package
. Coffee, coffee-based products and caffeine containing beverages, with the exception of those containing trace amounts of naturally occurring caffeine substances, are prohibited; and
(2) "Healthy or nutritional snacks" means fruits, vegetables, cheese, yogurt, grain foods containing whole grain as the first listed ingredient, nuts and/or seeds. Nutritional elements on healthy snacks should:
(A) Limit total calories to no more than two hundred per product or package;
(B) Limit total fat to no more than thirty-five percent of calories per product or package excluding nuts, seeds or cheese;
(C) Limit saturated fat to less than 10% of the total calories;
(D)Limit trans fat to less than or equal to 0.5 grams per product or package;
(E) Reduce sugar content of food items to no more than thirty-five percent of calories per product excluding fruits;
(F) Limit sodium to no more than two hundred milligrams per product or package.




NOTE: The purpose of this bill is to provide that only healthy beverages and healthy or nutritional snacks may be sold in the county school system.

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

This bill was recommended for passage during the 2008 legislative session by Select Committee D-Health.

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