MEMORANDUM

February 16, 2016

To:

Jean Ragalie-Carr
Camellia Patey
Jill Nicholls
Karen Kafer

From:

Molly Weaver
Randy Green

Subject:

Update State Activity on School Nutrition Issues

This memorandum updates recent activities at the state level addressing the
nutrition and physical activity environment in public schools. This report is for
informational purposes so that Dairy Council staff is aware of developments in the
states that could affect these environments and the demand for dairy foods. No
advocacy positions or views are expressed or intended with respect to these
developments. Let us know if you have questions.

School Nutrition Standards

In Hawaii, HB 1674 passed the House Health Committee with amendments on
February 3 and was referred to the House Consumer Protection and Commerce
Committee on February 10. The bill would establish restrictions on sugar-sweetened
beverages and other beverages served in child care facilities. It would prohibit child
care facilities from serving sugar-sweetened beverages to children in their care. Milk
with added caloric sweetener would not be permitted. Identical bill SB 2385 passed
the Senate Human Services Committee with amendments on February 3 and was
referred to the Senate Commerce, Consumer Protection and Health Committee on
February 10.
In Maryland, HB 109 was considered at a February 4 hearing in the House Ways
and Means Committee. No additional information has been made available at this
time. The bill would require local school systems to include the brand, product name
and, when applicable, flavor of items that are sold a la carte on monthly dining
menus.
New Hampshire SB 304 was amended and passed by the Senate Commerce
Committee on February 10. The bill would prohibit corporate advertising and
marketing of certain foods and beverages on school property that may not be sold
during the school day. The recent amendments specify that the bills provisions
would not apply to Trademarks on items or literature when such materials are used
as part of a school authorized educational event, activity, or presentation among
other exemptions.

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In New Jersey, AR 81 was introduced on February 4. This nonbinding resolution

urges school districts to use the USDA MyPlate program and information technology
to promote and monitor student nutrition as part of Core Curriculum Standards in
Comprehensive Health and Physical Education. The MyPlate program includes a
portion dedicated to milk and dairy products. AR 81 is pending in the Assembly
Education Committee.
In New Mexico, SB 144 passed the Senate on February 13 and has been scheduled
for a February 16 hearing in the House Education Committee. The bill would rename
the Breakfast After the Bell Program and would allow schools the option of
providing breakfast before or after the beginning of the instructional day.
New York AB 4540 was referred to the Assembly Education Committee on February
3. The bill would establish nutrition standards for competitive foods sold in schools.
It would require that snacks contain no more than 35% of total calories from fat;
less than 10% of total calories from saturated fats, with an exemption for dairy
items; and, no more than 35% of total calories from sugars. Beverages would be
limited to 100% fruit and vegetable juice with no added sugars, milk, milk
substitutes and water.
New York AB 5914 was referred to the Assembly Education Committee on February
3. The bill relates to the sale of certain foods and beverages in vending machines in
schools. It would require that non-fat and low-fat dairy be limited to 200 calories per
portion as packaged and contain: no more than 35% of calories from fat; less than
10% of calories from saturated fats; zero trans fats; 35% or less of calories from
total sugars per 8 ounces; and no more than 200 mg. of sodium per portion.
Permitted beverages would include 1% and non-fat milk in 8 ounce portions and
flavored milk with no more than 22 grams of total sugars per 8 ounces.

Obesity & Wellness

In Hawaii, SB 1270 was referred to the Senate Commerce, Consumer Protection,
and Health Committee on January 21. The bill would require beverages containing
any added caloric sweetener, including flavored milk, to bear a safety warning label.
Hawaii SB 1256 was referred to the Senate Committee on Water, Land, and
Agriculture on January 21. The bill would impose a fee on sugar-sweetened
beverages sold in the state and would designate that the fees to be used for the
coordination of obesity prevention programs administered by the department of
health. The bills definition of sugar-sweetened beverages would include flavored
milk.
In Illinois, HB 5822 was introduced on February 11. This bill would require the State
Board of Education, in conjunction with the Department of Public Health, to
establish a calorie transparency program for public schools. The purpose of the
program would be to reduce obesity by educating students on healthy eating habits
and the importance of being aware of the contents of the food they eat. It would
require schools to display the nutritional information, including calorie, fat, sugar,
and sodium content, for all food items offered for sale to students on school
property.
Kansas HB 2595 has been scheduled for a February 17 hearing in the House
Commerce, Labor and Economic Development Committee. The bill would reserve
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regulation of consumer incentive items and nutrition labeling for food menu items in
restaurants and vending machines to the legislature.
Maryland SB 602 has been scheduled for a March 10 hearing in the Senate Finance
Committee. The bill would require 75% of packaged food and beverage options
offered in a vending machine located on property owned or managed by the state to
be healthy food and beverage options. Fat free milk and 1 percent low fat dairy milk
would be considered a healthy beverage option.
In Mississippi, HB 1036 was introduced on February 8. The bill would require the
state Board of Education to adopt a regulation that would require school districts to
provide low-fat snacks and meals to children diagnosed by a physician as
overweight and to children whose parents request only low-fat snacks and meals for
their children.
In New York, AB 6145 was considered at a February 2 hearing in the Assembly
Health Committee. The bill would require regulations be adopted to establish
nutrition standards for restaurants distributing incentive items aimed at children.
Its identical to SB 779, which has been scheduled for a February 10 hearing in the
Senate Health Committee.
New York AB 2320 passed the Assembly Consumer Affairs and Protection
Committee and was referred to the Assembly Codes Committee on February 2. The
bill would require sugar-sweetened beverages to be labeled with a safety warning.
The bill would exempt any beverage whose principal ingredient by weight is milk.
Its identical to SB 6435, which is pending in the Senate Agriculture Committee.
In Washington, HB 2798 was introduced on January 20. The bill would prohibit a
person from distributing or selling sugar-sweetened beverages unless the container
or packaging bears a specific safety warning label. Vending machines that dispense
sugar-sweetened beverages would also be required to bear the warning. The bill
defines sugar-sweetened beverage as any nonalcoholic beverage, carbonated or
noncarbonated, intended for human consumption that has added caloric sweeteners
and contains 75 calories or more per 12 fluid ounces. The bill mentions flavored milk
amongst beverages that offer little or no nutritional value. HB 2798 is pending in
the House Health Care and Wellness Committee.
In Vermont, HB 734 was considered at a February 2 hearing in the House Human
Services Committee. The bill would require the Department of Health to adopt and
implement rules governing nutrition procurement standards for all foods and
beverages purchased, sold, served or otherwise provided by the state. The
standards would be required to be consistent with the U.S. General Services
Administrations Health and Sustainability Guidelines for Federal Concessions and
Vending Operations, the American Heart Associations Healthy Workplace Food
and Beverage Toolkit, and the National Alliance for Nutrition and Activitys Model
Beverage and Food Vending Machine Standards.
Vermont HB 759 was considered at a February 2 hearing in the House Human
Services Committee. It would require restaurants licensed by the Department of
Health to serve only childrens meals that meet certain nutritional standards.
Standards would include limiting beverages served as a part of a childrens meal to
nonfat or one percent milk containing no more than 130 calories per container or
serving as offered for sale.
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Physical Fitness in Schools

Hawaii HB 2705 was amended and passed by the House Education Committee on
February 5. The amendments have not been made available yet. This bill would
establish a working group to assess physical education in kindergarten and
elementary grades in public schools and to report to the legislature on their
findings.
Maryland HB 474 has been scheduled for a February 18 hearing in the House Ways
and Means Committee. This bill would require elementary school students be
provided a daily program of physical activity totaling in at least 150 minutes a
week; 90 of those minutes would be required to be dedicated to physical education.
In Tennessee, SB 1967 has been scheduled for a February 17 hearing in the Senate
Education Committee. This bill would require the Department of Education to
evaluate physical education curriculum in the state and make a yearly report of the
evaluation to the general assembly by July 1.
Tennessee SB 1983 passed on second consideration and was referred to the
Senate Education Committee on January 25. The bill would set physical activity
requirements for students in grades K-12. Its identical companion bill, HB 2148, was
introduced on January 21.
In Virginia, SB 211 passed the Senate January 28 and is pending in the House
Committee on Education. The bill would require at least 20 minutes of physical
activity per day or an average of 100 minutes per week during the regular school
year for students in grades K-5. This requirement would take effect beginning with
the 2018-2019 school year. Its identical companion bill, HB 357, passed the House
on February 4 and is pending in the Senate Committee on Education and Health.

Raw Milk
Maryland HB 79 was considered at a February 2 hearing in the House Health and
Government Operations Committee. The bill would allow for the distribution of raw
milk from milk producers directly to the consumer if the consumer has acquired an
ownership interest in the animal or herd from which the raw milk is produced. Its
identical to HB 3, a bill from the 2014 session that died when it failed to pass the
House Health and Government Operations Committee. Maryland currently does not
allow any form of raw milk sales.
In Mississippi, HB 1132 was introduced on February 8. The bill would expand raw
milk sales to be allowed at farmers markets and specify that there is no restriction
on the number of cows allowed on the premises of where raw milk is produced for
incidental on-farm sales. Current law only allows for direct incidental sales of raw
milk on the premises where the raw milk is produced. HB 1132 is pending in the
House Agriculture Committee.
In Oklahoma, HB 3099 passed the House Agriculture and Rural Development
Committee on February 10. The bill would allow for incidental sales of raw milk to
consumers at farmers markets and when the raw milk is delivered directly to the
consumers residence from the farm where it is produced.
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Utah HB 194 passed the House on February 5 and was passed by the Senate
Natural Resources, Agriculture and Environmental Committee after a February 11
hearing. The bill would allow a producer who sells raw milk at a self-owned retail
store to also offer pasteurized milk for sale at the same location.
Virginia HB 357 passed the House on February 4. It would require at least 20
minutes of physical activity per day or an average of 100 minutes per week during
the regular school year for students in grades K-5. This requirement would take
effect beginning with the 2018-2019 school year.
Virginia HB 62 was introduced on January 13. The bill would allow for direct sales of
raw cow or goat milk, so long as the farmer has three or fewer milking cows or
goats. The raw milk would be required to have a label stating that the product has
not been inspected by the state and the consumers are purchasing the product at
their own risk. Current state law does not allow for any form of raw milk sales. HB
62 is pending in the House Agriculture, Chesapeake and Natural Resources
Committee.
West Virginia SB 387 is scheduled for a February 16 hearing in the House Health
and Human Resources Committee. It would permit for herd-share agreements to
allow for consumption of raw milk. The agreements would be required to include a
written document acknowledging the inherent dangers of consuming raw milk and
would provide immunity to herd sellers. It would also prohibit the resale of raw milk
acquired through the herd-shares.
In Wisconsin, SB 721 was introduced on February 11. The bill would allow for direct
sales of raw milk to the consumer at the dairy farm where the milk is produced, and
would exempt dairy farmers from milk producer and grade A licensing requirements
if the farmers do not send any milk to a dairy plant. Current Wisconsin law requires
all milk producers to obtain a milk producer license or grade A permit and prohibits
retail sales of raw milk but allows for incidental sales of raw milk directly to
consumers at the dairy farm where the milk is produced. The bill is identical to AB
697, which has been pending in the Assembly Agriculture Committee since being
introduced on January 13. SB 721 is pending in the Senate Agriculture, Small
Business and Tourism Committee.

Sweetened Beverage Taxes

In Connecticut, HB 5114 was introduced on February 9. The bill would impose a tax
on sugary soft drinks to raise revenue for childhood obesity prevention measures.
The bill doesnt specify the rate of the tax nor does it define sugary soft drinks. HB
5114 is pending in the House Finance, Revenue and Bonding Committee.
Connecticut HB 5124 was introduced on February 9. The bill would impose a penny
per ounce excise tax on sugar sweetened beverages to help offset state costs
associated with treating obesity. The bill doesnt define sugar sweetened beverages.
HB 5124 is pending in the House Finance, Revenue and Bonding Committee.