HF 2869

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

  1.1                          A bill for an act 
  1.2             relating to education; regulating the availability and 
  1.3             sale of certain beverages in public schools; amending 
  1.4             Minnesota Statutes 2002, section 123B.02, by adding a 
  1.5             subdivision. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 2002, section 123B.02, is 
  1.8   amended by adding a subdivision to read: 
  1.9      Subd. 21.  [SALE OF MILK IN SCHOOLS; RESTRICTIONS ON OTHER 
  1.10  BEVERAGES.] (a) The definitions in this paragraph apply to this 
  1.11  subdivision: 
  1.12     (1) "milk" means whole milk, skim milk, or lowfat milk as 
  1.13  defined in section 32.391, subdivision 1a, 1b, or 1c, or a 
  1.14  product that contains 100 percent fluid milk, including flavored 
  1.15  milk; 
  1.16     (2) "nonmilk nutritional beverage" includes fruit drinks 
  1.17  that contain at least 50 percent fruit juice and no added 
  1.18  sweeteners and bottled water; 
  1.19     (3) "elementary school" means a public school building or 
  1.20  that portion of a building that includes classrooms and 
  1.21  educational facilities for students in kindergarten through 
  1.22  grade 6; 
  1.23     (4) "middle school" means a public school building or that 
  1.24  portion of a building that includes classrooms and educational 
  1.25  facilities for students in grades 7, 8, and 9; 
  2.1      (5) "high school" means a public school building or that 
  2.2   portion of a building that includes classrooms and educational 
  2.3   facilities for students in grades 10, 11, and 12; 
  2.4      (6) "on-line beverage sales" means sales of beverages in 
  2.5   the same general area as where food is either distributed or 
  2.6   eaten and where the sales, whether in individual sealed 
  2.7   containers or by bulk, are generally designed to be consumed 
  2.8   with food; and 
  2.9      (7) "slot" means a location in a vending machine which 
  2.10  offers beverages for sale. 
  2.11     (b) Elementary schools may not allow the sale or 
  2.12  distribution to students of beverages that are not milk or 
  2.13  nonmilk nutritional beverages. 
  2.14     (c) Middle schools may not allow the on-line sale of 
  2.15  beverages that are not milk or nonmilk nutritional beverages.  
  2.16  At least 50 percent of the slots in middle school vending 
  2.17  machines must contain milk and the slots containing milk must be 
  2.18  as attractively displayed and located as those which do not 
  2.19  contain milk. 
  2.20     (d) High schools may not allow the on-line sale of 
  2.21  beverages that are not milk or nonmilk nutritional beverages.  
  2.22  At least 20 percent of the slots in high school vending machines 
  2.23  must contain milk and the slots containing milk must be as 
  2.24  attractively displayed and located as those which do not contain 
  2.25  milk. 
  2.26     [EFFECTIVE DATE.] This section is effective July 1, 2005.