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Introduced Version Senate Bill 37 History

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Key: Green = existing Code. Red = new code to be enacted
Senate Bill No. 37

(By Senators Foster, White and Hunter)

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[Introduced January 9, 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 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.
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