SB2841 93RD GENERAL ASSEMBLY

LRB093 20747 NHT 46638 b

93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
SB2841

Introduced 2/6/2004, by Mattie Hunter

SYNOPSIS AS INTRODUCED:

105 ILCS 5/10-20.39 new
105 ILCS 5/34-18.30 new

Amends the School Code. Provides that for public elementary schools, any food sold to students in competition with federally funded school meal programs must meet certain healthy food standards. Provides that during regular school hours and during federally funded school meal programs, water, nonfat and low-fat plain and flavored milk, soy milk, and rice milk, and 100% fruit juices that have no added sweeteners are the only beverages that may be sold to elementary school students, and provides that the serving size for a beverage may not exceed 12 ounces unless the beverage being sold is water. Provides that no foods of minimal nutritional value may be served on elementary school campuses during regular school hours. Requires school boards to encourage elementary school teachers not to use food as a reward or incentive for student behavior or academic performance. Requires the State Superintendent of Education to review and test compliance. Effective July 1, 2004.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning schools.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The School Code is amended by adding Sections 10-20.39 and 34-18.30 as follows:

(105 ILCS 5/10-20.39 new)

Sec. 10-20.39. Healthy food standards.

(a) The General Assembly finds and declares all of the following:

(1) Childhood obesity has reached epidemic levels. Nearly 15% of youths are overweight.

(2) Overweight and obese children are at higher risk for developing severe and costly long-term health problems, including without limitation type 2 diabetes, cardiovascular disease, high blood pressure, and asthma. Seventy percent of overweight adolescents become overweight adults.

(3) Overweight youths are often affected by discrimination, psychological stress, low self-esteem, and depression.

(4) Poor diet negatively affects the ability to learn and decreases motivation and attentiveness. In addition, poor diet contributes to poor oral health, which also negatively affects school performance.

(5) Obesity-related illnesses cost the United States health care system close to 75 billion dollars per year.

(6) There are many factors that contribute to childhood obesity, including increased access to high-calorie, high-fat foods and sugar-sweetened beverages; increased portion sizes; decreased opportunities for physical activity; and aggressive marketing by the food industry.

(7) Schools play a highly influential role in the formation of children's eating and physical activity habits.

(8) Schools that provide non-nutritious food and beverages in vending machines, school stores, and a la carte lines and as fundraisers are contributing to the problem of childhood obesity and are sending a message to youths that good nutrition is not important to their health or education.

(9) While the United States Department of Agriculture requires that meals sold in schools as part of the national school lunch and school breakfast programs be consistent with dietary guidelines for all Americans, limited effective standards are in place to regulate competitive foods, which are often high in calories, fat, sodium, and added sugars. The United States Department of Agriculture, however, does call for states and local entities to add restrictions on competitive foods, as necessary. Schools are encouraged to develop policies to encourage children to purchase and consume healthful food and beverages.

(b) This Section applies only to elementary schools, not high schools. This Section does not apply to holiday events, special celebrations, or class parties for which food and beverages are brought into the school.

(c) Any food sold to students in competition with federally funded school meal programs must meet the following standards:

(1) No more than 35% of its total calories may be from fat, unless the food is nuts or seeds.

(2) No more than 10% of its total calories may be from saturated fat.

(3) No more than 35% of its total weight may be composed of sugar, unless the food is unsweetened fruit or vegetables or both.

(d) During regular school hours and during federally funded school meal programs, water, nonfat and low-fat plain and flavored milk, soy milk, and rice milk, and 100% fruit juices that have no added sweeteners are the only beverages that may be sold to students. Beverages that contain more than 10 milligrams of caffeine per serving are prohibited. The serving size for a beverage may not exceed 12 ounces, unless the beverage being sold is water.

(e) No foods defined by the United States Department of Agriculture as foods of minimal nutritional value may be served on school campuses during regular school hours.

(f) The school board shall encourage teachers not to use food as a reward or incentive for student behavior or academic performance.

(g) Beginning September 1, 2004, the State Superintendent of Education shall review and test compliance with this Section as required by federal law. If a school district is found not to be in compliance, it must submit a corrective plan to the State Superintendent and implement the plan within 6 months after the finding of noncompliance.

(105 ILCS 5/34-18.30 new)

Sec. 34-18.30. Healthy food standards.

(a) The General Assembly finds and declares all of the following:

(1) Childhood obesity has reached epidemic levels. Nearly 15% of youths are overweight.

(2) Overweight and obese children are at higher risk for developing severe and costly long-term health problems, including without limitation type 2 diabetes, cardiovascular disease, high blood pressure, and asthma. Seventy percent of overweight adolescents become overweight adults.

(3) Overweight youths are often affected by discrimination, psychological stress, low self-esteem, and depression.

(4) Poor diet negatively affects the ability to learn and decreases motivation and attentiveness. In addition, poor diet contributes to poor oral health, which also negatively affects school performance.

(5) Obesity-related illnesses cost the United States health care system close to 75 billion dollars per year.

(6) There are many factors that contribute to childhood obesity, including increased access to high-calorie, high-fat foods and sugar-sweetened beverages; increased portion sizes; decreased opportunities for physical activity; and aggressive marketing by the food industry.

(7) Schools play a highly influential role in the formation of children's eating and physical activity habits.

(8) Schools that provide non-nutritious food and beverages in vending machines, school stores, and a la carte lines and as fundraisers are contributing to the problem of childhood obesity and are sending a message to youths that good nutrition is not important to their health or education.

(9) While the United States Department of Agriculture requires that meals sold in schools as part of the national school lunch and school breakfast programs be consistent with dietary guidelines for all Americans, limited effective standards are in place to regulate competitive foods, which are often high in calories, fat, sodium, and added sugars. The United States Department of Agriculture, however, does call for states and local entities to add restrictions on competitive foods, as necessary. Schools are encouraged to develop policies to encourage children to purchase and consume healthful food and beverages.

(b) This Section applies only to elementary schools, not high schools. This Section does not apply to holiday events, special celebrations, or class parties for which food and beverages are brought into the school.

(c) Any food sold to students in competition with federally funded school meal programs must meet the following standards:

(1) No more than 35% of its total calories may be from fat, unless the food is nuts or seeds.

(2) No more than 10% of its total calories may be from saturated fat.

(3) No more than 35% of its total weight may be composed of sugar, unless the food is unsweetened fruit or vegetables or both.

(d) During regular school hours and during federally funded school meal programs, water, nonfat and low-fat plain and flavored milk, soy milk, and rice milk, and 100% fruit juices that have no added sweeteners are the only beverages that may be sold to students. Beverages that contain more than 10 milligrams of caffeine per serving are prohibited. The serving size for a beverage may not exceed 12 ounces, unless the beverage being sold is water.

(e) No foods defined by the United States Department of Agriculture as foods of minimal nutritional value may be served on school campuses during regular school hours.

(f) The board shall encourage teachers not to use food as a reward or incentive for student behavior or academic performance.

(g) Beginning September 1, 2004, the State Superintendent of Education shall review and test compliance with this Section as required by federal law. If the school district is found not to be in compliance, it must submit a corrective plan to the State Superintendent and implement the plan within 6 months after the finding of noncompliance.

Section 99. Effective date. This Act takes effect July 1, 2004.