Model State Legislation: Food Marketing in Schools

Model State Legislation: Food Marketing in Schools
Introduced by (legislator's name)
The people of the State of (name of state) do enact as follows:
The Legislature finds and declares as follows:
(a) The growing epidemic of childhood obesity has brought renewed attention to the role that
food and beverage marketing play in negatively influencing the eating habits of youth. A review
by the National Academies’ Institute of Medicine found that food marketing influences
children’s attitudes, preferences, food purchase requests, diets, and health. Additional studies
show that labeling and signage on school campuses affect students’ food selections at school.
(b) The majority of the foods and beverages marketed in schools are of poor nutritional quality.
Candy and snack food manufacturers, soft drink bottlers, and fast-food restaurants are among
the companies that market most heavily in schools and promote consumption of such foods to
children who are in a captive environment.
(c) The marketing in schools of foods of poor nutritional quality undermines nutrition education
programs and efforts by parents to feed their children a healthy diet.
(d) Schools can sell and promote healthy foods and beverages without losing money. A Centers
for Disease Control and Prevention/U.S. Department of Agriculture (CDC/USDA) study found
that, out of 17 schools that changed to selling healthier foods and beverages, 12 schools
increased revenue and four schools had no change in revenue.
(a) “Marketing” includes, but is not limited, to:
(1) Food and beverage sales to students through a la carte in cafeterias, vending, school
stores, snack bars, fundraisers, and other venues or mechanisms outside the U.S.
Department of Agriculture (USDA) reimbursable meal programs;
(2) Food and beverage advertising and marketing, such as the name of a food manufacturer
or restaurant, or the depiction of product, brand names, logos, trade marks, or use of
spokespersons, live or animated, on or in conjunction with:
(i) curricula, educational materials, textbook covers, and computers;
(ii) school property such as buildings, transportation vehicles, vending machine
exteriors, scoreboards, signs, or posters;
(iii) books, pencils, notebooks, sports equipment or uniforms, food or beverage cups or
containers, and other school supplies or equipment;
(3) advertisements in school publications, and/or on school radio stations, in-school
television, computer screen savers and/or school-sponsored sites, or announcements on
the public announcement (PA) system;
(4) indirect promotions, public relations, and sponsorship activities, such as:
(i) educational incentive programs utilizing coupons, contests, and other means that
provide food as a reward, and/or that provide schools with supplies and/or funds
when families purchase specific food products;
(ii) scholarships and sports team sponsorships;
(iii) school fundraising nights at restaurants;
(iv) market research activities; and
(v) free samples, taste-tests, or coupons.
(a) Only the following beverages are allowed to be sold in schools outside the USDA
reimbursable meal programs or are allowed to be marketed in:
(1) Elementary and Middle Schools:
(i) Carbonated or noncarbonated water with no artificial flavoring or added
caloric or noncaloric sweeteners;
(ii) Flavored or unflavored fat-free milk or unflavored low-fat (1%) milk in
serving sizes no larger than 8 oz;
(iii) USDA-approved milk alternatives in servings no larger than 8 oz; and
(iv) 100% juice or juice with added water or carbonated water with no added
sweeteners in servings no larger than 8 oz.
(2) High Schools:
(i) water, which may contain flavoring, non-caloric sweeteners or
(ii) Flavored or unflavored fat-free milk and unflavored low-fat (1%) milk in
serving sizes no larger than 12 oz;
(iii) USDA-approved milk alternatives in servings no larger than 12 oz;
(iv) 100% juice or juice with added water or carbonated water with no added
caloric sweeteners in servings no larger than 12 oz.
(b) All foods sold outside the USDA reimbursable meal programs or marketed in schools must
meet the following nutrition standards:
(1) no more than 160 calories in elementary and middle schools and no more than 200
calories in high schools per serving as offered for sale or per package for snack
foods, and no more than 300 calories for elementary and middle schools and no
more than 400 calories for high schools for entrée-type items;
(2) no more than 35% of calories from total fat;
(i) no more than 7% of calories from saturated fat;
(ii) less than 0.5g per serving from trans fat (zero grams on food labels);
(3) no more than 35% of its weight from sugars; excluding sugars from whole fruit and
dairy ingredients;
(4) no more than 230 mg of sodium per serving for chips, crackers, French fries,
cereal, vegetables, baked goods, and other side dishes or snack items, and no
more than 480 mg of sodium per serving for pastas, meats, soups, and entréetype items; and
(5) shall contain one or more of the following: 10% of the DRI of (naturally
occurring/without fortification) vitamins A, C, or E, calcium, magnesium,
potassium, or fiber; a quarter cup of fruits or vegetables; or 51% or more (by
weight) whole grain ingredients or have whole grain as the first ingredient.
(c) Line, Brand, and Company Marketing. For food marketing that promotes a line of products,
one brand within a company, or a whole company, including restaurants, half of the products
within the brand must meet the standards in this section. The determination of which lines,
brands, and companies may be marketed on campus shall be based on all foods and beverages in
that specific line, brand or company.
(d) Nothing in this section shall be construed to prohibit or limit the sale of any food or beverage
item to teachers, administrators, or other adult school employees in a separate area that is
inaccessible to students.
(e) Five years after enactment of this act and every five years subsequently, the (State)
Department of Education, in consultation with the (State) Department of Health, shall review
and, if necessary, revise and update the definition of school-based marketing in Section 2 and
the nutrition standards set forth in Section 3 to reflect advancements in nutrition science, dietary
trend data, new product availability, and new marketing approaches.
The Superintendent of Public Education shall supervise the implementation of this Act and shall
address acts of noncompliance. Any public school that fails to comply with this Act shall be
subject to a penalty to be assessed as follows:
(a) A violation shall result in a fine equal to that of the revenue gained from the disallowed
marketing activity, such as sale of ineligible foods or the amount obtained from a contract with a
corporation. If there is no specifiable amount, the fine shall be equal to $100 per violation.
(b) "Habitual violations," which means five or more infractions within a six-month period, shall
result in a fine of $500 per violation.
(c) Revenue collected as a result of this subsection shall be transferred to the food service
account of the violating school.