S3224

An Act prohibiting certain food and beverage items sold and distributed in schools and amending P.L.2007, c.45.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. Section 2 of P.L.2007, c.45 (C.18A:33-16) is amended to read as follows:

2. a. As of September 2007, the following items shall not be served, sold or given away as a free promotion anywhere on school property at any time before the end of the school day, including items served in the reimbursable After School Snack Program:

(1) Foods of minimal nutritional value, as defined by the United States Department of Agriculture;

(2) All food and beverage items listing sugar, in any form, as the first ingredient; and

(3) All forms of candy as defined by the New Jersey Department of Agriculture.

b. Schools shall reduce the purchase of any products containing trans fats beginning September 1, 2007.

c. As of September 2007, all snack and beverage items, sold or served anywhere on school property during the school day, including items sold in a la carte lines, vending machines, snack bars, school stores and fundraisers, or served in the reimbursable After School Snack Program, shall meet the following standards:

(1) Based on manufacturers' nutritional data or nutrient facts labels, no more than eight grams of total fat per serving, with the exception of nuts and seeds, and no more than two grams of saturated fat per serving;

(2) All beverages, other than milk containing two percent or less fat, or water, shall not exceed a 12-ounce portion size; and whole milk may not exceed an eight-ounce portion;

(3) In elementary schools, beverages shall be limited to milk, water or 100 percent fruit or vegetable juices;

(4) In middle and high schools, at least 60 percent of all beverages offered, other than milk or water, must be 100 percent fruit or vegetable juice; and

(5) In middle and high schools, no more than 40 percent of all ice cream and frozen desserts shall be allowed to exceed the above standards for sugar, fat and saturated fat.

d. Food and beverages served during special school celebrations or during curriculum-related activities shall be exempt from the provisions of this section, with the exception of foods of minimal nutritional value as defined by the United States Department of Agriculture and food and beverages containing non-nutritive sweeteners, as defined in 21 C.F.R. s.170.3.

e. The provisions of this section shall not apply to:

(1) Medically authorized special needs diets as defined by the United States Department of Agriculture;

(2) School nurses using foods of minimal nutritional value during the course of providing health care to individual students; or

(3) Special needs students whose Individual Education Plan indicates a particular diet.

f. Beginning on the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), no public or nonpublic school shall serve, sell, permit a third party to sell, or give away as a free promotion anywhere on school property, food or beverages containing non-nutritive sweeteners, as defined in 21 C.F.R. s.170.3.

(cf: P.L.2007, c.45, s.2)

2. This act shall take effect immediately.

STATEMENT

This bill would prohibit all schools in the State from selling or distributing food and beverage items containing non-nutritive sweeteners. A non-nutritive sweetener, commonly referred to as a sugar substitute or artificial sweetener, is defined under 21 C.F.R. s.170.3 as a substance having less than two percent of the caloric value of sucrose per equivalent unit of sweetening capacity.