HF 2756

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to health; enhancing markets for dairy and 
  1.3             other nutritional products; regulating the 
  1.4             availability and sale of certain beverages in public 
  1.5             schools; prohibiting certain provisions in contracts 
  1.6             between beverage vendors and schools or school 
  1.7             districts; amending Minnesota Statutes 2002, section 
  1.8             123B.02, by adding a subdivision. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  Minnesota Statutes 2002, section 123B.02, is 
  1.11  amended by adding a subdivision to read: 
  1.12     Subd. 21.  [NUTRITIONAL BEVERAGE SALES; RESTRICTIONS; 
  1.13  CONTRACTS WITH DISTRIBUTORS.] (a) The definitions in this 
  1.14  paragraph apply to this subdivision: 
  1.15     (1) "nutritional beverage" means one of the following 
  1.16  noncarbonated packaged products: 
  1.17     (i) skim milk or lowfat milk as defined in section 32.391, 
  1.18  subdivision 1a, 1b, or 1c, or a product that contains 100 
  1.19  percent fluid milk, including flavored milk; 
  1.20     (ii) fruit drinks that contain at least 50 percent fruit 
  1.21  juice and no added sweeteners; and 
  1.22     (iii) bottled water; and 
  1.23     (2) "school" means a public school building or the portion 
  1.24  of a building that includes classrooms and educational 
  1.25  facilities for students in kindergarten through grade 12.  
  1.26  "School" also means the management and administrative function 
  1.27  of a public school building. 
  2.1      (b) A school or school district must: 
  2.2      (1) not allow nonnutritional beverages to be sold as part 
  2.3   of or in competition with the school lunch program; 
  2.4      (2) not allow beverage vending machines containing 
  2.5   nonnutritional beverages to be placed in the cafeteria space 
  2.6   where lunch is sold; 
  2.7      (3) turn off vending machines with foods of minimal 
  2.8   nutritional value, including nonnutritional beverages, during 
  2.9   lunch hours; 
  2.10     (4) not allow consumption or advertising of nonnutritional 
  2.11  beverages within the classroom; 
  2.12     (5) not allow nutritional beverages to be sold or offered 
  2.13  for sale at a price per unit volume that is greater than the 
  2.14  unit volume price of packaged products that are not nutritional 
  2.15  beverages; 
  2.16     (6) create a school nutrition advisory council comprised of 
  2.17  parents, community and school officials, food service 
  2.18  representatives, physicians, school nurses, dietitians, 
  2.19  dentists, and other health professionals; and 
  2.20     (7) implement policies that encourage students to drink 
  2.21  milk and other nutritional beverages. 
  2.22     (c) An elementary school must not allow the sale, 
  2.23  advertising, or consumption of sweetened beverages within the 
  2.24  school or on school property during school hours. 
  2.25     (d) A school or school district must not enter into a 
  2.26  contract with a beverage vending service or beverage distributor 
  2.27  that: 
  2.28     (1) provides for the exclusive sale of a beverage brand; 
  2.29     (2) prohibits the sale, service, or dispensing of 
  2.30  competitive beverage products; 
  2.31     (3) includes sale incentives based on the quantity of 
  2.32  nonnutritional beverages sold per student; or 
  2.33     (4) limits the ability of the school or the school district 
  2.34  to control the number and location of vending machines in the 
  2.35  school or on school property. 
  2.36     [EFFECTIVE DATE.] (a) This section is effective July 1, 
  3.1   2004, except as provided in paragraphs (b) and (c). 
  3.2      (b) For a school or school district that is not under 
  3.3   contract with a beverage vending service or beverage distributor 
  3.4   on July 1, 2004, paragraph (d) is effective July 1, 2004. 
  3.5      (c) For a school or school district that is under contract 
  3.6   with a beverage vending service or beverage distributor on July 
  3.7   1, 2004, paragraph (d) is effective upon expiration of that 
  3.8   contract.