Chapter 06-234

2006 -- S 2696 SUBSTITUTE B

Enacted 06/28/06

A N A C T

RELATING TO EDUCATION

Introduced By: Senators Sosnowski, Roberts, Perry, Gibbs, and Pichardo

Date Introduced: February 14, 2006

It is enacted by the General Assembly as follows:

     SECTION 1. Chapter 16-21 of the General Laws entitled "Health and Safety of Pupils" is

hereby amended by adding thereto the following section:

16-21-29. Definitions. – As used in this chapter:

(1) "Healthier beverages" shall be defined as:

(a) Water, including carbonated water, flavored or sweetened with one hundred percent

(100%) fruit juice and containing no added sweetener.

(b) Two percent (2%) fat milk, one percent (1%) fat milk, nonfat milk, and dairy

alternatives, such as fortified soy beverages; plain or flavored, with a sugar content of not more

than four (4) grams per ounce.

(c) One hundred percent (100%) fruit juice or fruit based drinks that are composed of no

less than fifty percent (50%) fruit juice and have no added sweetener.

(d) Vegetable-based drinks that are composed of no less than fifty percent (50%)

vegetable juice and have no added sweetener.

(2) "Healthier snacks" shall be defined as:

(a) Individually sold portions of nuts, nut butters, seeds, eggs, and cheese packaged for

individual sale, fruit, vegetables that have not been deep fried, and legumes.

(b) Individually sold portions of low fat yogurt with not more than four (4) grams of total

carbohydrates (including both naturally occurring and added sugars) per ounce and reduced fat or

low fat cheese packaged for individual sale.

(c) Individually sold enriched or fortified grain or grain product; or whole grain food

items that meet all of the following standards based on manufacturers' nutritional data or nutrient

facts labels:

(i) Not more than thirty percent (30%) of its total calories shall be from fat.

(ii) Not more than ten percent (10%) of its total calories shall be from saturated fat.

(iii) Not more than seven (7) grams of total sugar (includes both naturally occurring and

added sugars) per ounce.

(3) "Added sweetener" shall mean any additive, including natural or artificial additives

that enhances the sweetness of the beverage, including, added sugar, but does not include, the

naturally occurring sugar or sugars that are contained within milk or fruit juice.

(4) "Snack" means a food that is generally regarded as supplementing a meal, including,

but not limited to: chips, crackers, onion rings, nachos, French fries, donuts, cookies, pastries,

cinnamon rolls, and candy.

     SECTION 2. Section 16-21-7 of the General Laws in Chapter 16-21 entitled "Health and

Safety of Pupils" is hereby amended to read as follows:

16-21-7. School health program. School health. – (a) All schools that are approved for

the purpose of sections 16-19-1 and 16-19-2 shall have a school health program which shall be

approved by the state director of the department of health and the commissioner of elementary

and secondary education or the commissioner of higher education, as appropriate. The program

shall provide for the organized direction and supervision of a healthful school environment,

health education, and services. The program shall include and provide, within and consistent with

existing school facilities, for the administration of nursing care by certified nurse teachers, as

defined in section 16-21-8, as shall be requested, in writing, by the attending physician of any

student and authorized, in writing, by the parent or legal guardian of the student. No instruction in

the characteristics, symptoms, and the treatment of disease shall be given to any child whose

parent or guardian shall present a written statement signed by them stating that the instructions

should not be given the child because of religious beliefs.

(b) All Rhode Island elementary, middle and junior high schools that sell or distribute

beverages and snacks on their premises, including those sold through vending machines, shall be

required to offer healthier beverages effective January 1, 2007, and healthier snacks effective

January 1, 2008 as defined in chapter 16-21.

(c) Schools may permit the sale of beverages and snacks that do not comply with the

above paragraph as part of school fundraising in any of the following circumstances:

(1) The items are sold by pupils of the school and the sale of those items takes place off

and away from the premises of the school.

(2) The items are sold by pupils of the school and the sale of those items takes place one

hour or more after the end of the school day.

(3) The items sold during a school sponsored pupil activity after the end of the school

day.

     SECTION 3. This act shall take effect upon passage.

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LC01918/SUB B

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