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SB 199: "An Act relating to public school funding for a prohibition on the sale of food and beverages of minimal nutritional value in schools and for placing restrictions on the use of vending machines in public schools."

00 SENATE BILL NO. 199 01 "An Act relating to public school funding for a prohibition on the sale of food and 02 beverages of minimal nutritional value in schools and for placing restrictions on the use 03 of vending machines in public schools." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 14.17 is amended by adding a new section to read: 06 Sec. 14.17.485. Public school nutrition support funding. (a) As a 07 component of public school funding, a district is eligible to receive a nutrition support 08 grant in the amount of $4 added to the base student allocation under AS 14.17.470 for 09 the district adjusted ADM. 10 (b) In order to qualify for a nutrition support grant, the governing body of a 11 district must adopt and enforce a policy that 12 (1) prohibits the sale on all school premises of a beverage of minimal 13 nutritional value and food of minimal nutritional value during the school day and at 14 least one hour before and after the school day;

01 (2) prohibits the use of vending machines in elementary schools; and 02 (3) restricts the use of vending machines in schools to machines that 03 (A) sell only foods and beverages that are not a food of 04 minimal nutritional value or a beverage of minimal nutritional value; 05 (B) depict only physical activity or foods and beverages that 06 are not a food or beverage of minimal nutritional value; and 07 (C) display a health promotion message. 08 (c) If a district that qualified for a nutrition support grant under this section 09 subsequently rescinds or otherwise fails to enforce a policy adopted under (b) of this 10 section, the department shall withhold the amount of the nutrition support grant 11 awarded to the district from state funding for the district for the following school year. 12 (d) Notwithstanding the minimum instructional expenditure required under 13 AS 14.17.520, a district that receives a nutrition support grant shall distribute the grant 14 proceeds to support student activities. 15 (e) The department shall establish standards for minimal nutritional value, in 16 consultation with the commissioner of health and social services, and adopt other 17 regulations necessary to implement this section. 18 (f) For purposes of the reduction required under AS 14.17.400(b), funding 19 authorized under this section is treated the same as the state share of public school 20 funding under AS 14.17.410. 21 (g) In this section, 22 (1) "beverage of minimal nutritional value" means a drink, other than 23 water and milk, that contains 24 (A) less than 50 percent vegetable or fruit juice unless the drink 25 has no calories without added sweeteners; 26 (B) added sweeteners; 27 (C) caffeine; or 28 (D) additional ingredients identified by the department in 29 regulation; 30 (2) "food of minimal nutritional value" means a food intended for 31 human consumption that

01 (A) derives more than 30 percent of the food's calories from 02 fat, except legumes, nuts, or seeds; 03 (B) contains a combined saturated and trans fat caloric content 04 of more than 10 percent; 05 (C) has a sugar content of more than 35 percent of total weight, 06 except for sugars that occur naturally in a dairy product, fruit, or vegetable; or 07 (D) meets additional standards established by the department in 08 regulation. 09 * Sec. 2. This Act takes effect July 1, 2006.