Senate Bill 2152

AN ACT TO REQUIRE THAT IN KINDERGARTEN THROUGH GRADE 12 SCHOOLS WITH VENDING MACHINES, ONLY MILK, WATER, 100% NATURAL JUICES, FRESH OR DRIED FRUITS AND VEGETABLES AND WHOLE-GRAIN SNACKS MAY BE SOLD IN THOSE MACHINES; TO DIRECT THE STATE BOARD OF EDUCATION TO PROMULGATE RULES THAT DELINEATE A NUTRITION INTEGRITY POLICY FOR PUBLIC SCHOOLS; TO DIRECT THE STATE DEPARTMENT OF EDUCATION TO MONITOR SCHOOL COMPLIANCE AND SUBMIT REPORTS TO THE LEGISLATURE; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. (1) On or before July 1, 2006, the State Board of Education shall promulgate rules that delineate a nutrition integrity policy for public schools in the state. The rules shall be consistent with applicable federal law, but may set forth nutritional standards that are higher than the federal standards and may be more restrictive than the federal standards concerning the availability of competitive foods in a school.

(2) (a) The nutrition integrity policy described in subsection (1) of this section shall state, at a minimum, that, on and after the beginning of the 2006 school year: In all Kindergarten through Grade 12 schools of this state that have vending machines on school property, only milk, water, one hundred percent (100%) natural juices, fresh or dried fruits and vegetables and whole-grain snacks may be sold in those machines. However, vending machines located in faculty or teachers' lounges or located where only adults have access to the machines, and vending machines operated only during athletic events, are exempt from the requirements of this section.

(b) The State Department of Education, through its regular audits of school districts, shall monitor compliance by a school with the nutrition integrity policy.

(3) On or before December 1, 2006, the State Department of Education shall submit a written report to the House and Senate Education Committees that summarizes the fiscal and nutritional impact of competitive foods sold in high schools in the state. The report may contain recommendations for changes in state law as a result of the department's findings.

(4) Upon request, the department shall provide model policy language to school districts that reflects current research supporting best practices that provide a positive influence on children's health and nutrition in the school environment.

SECTION 2. This act shall take effect and be in force from and after July 1, 2006.