House Bill 1079

AN ACT TO AMEND SECTION 37-13-137, MISSISSIPPI CODE OF 1972, TO REQUIRE THE OFFICE OF HEALTHY SCHOOLS OF THE STATE DEPARTMENT OF EDUCATION TO PROVIDE COMPREHENSIVE TRAINING ON CERTAIN FOOD SERVICE PRACTICES PROVIDED BY LOCAL SCHOOL DISTRICTS; TO AUTHORIZE THE DEPARTMENT TO DETERMINE THE TIME, LOCATION AND FREQUENCY WITH WHICH THE TRAININGS ARE HELD; TO REQUIRE CERTAIN DISTRICT PERSONNEL TO ATTEND THE TRAININGS; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 37-13-137, Mississippi Code of 1972, is amended as follows:

37-13-137. (1) The State Board of Education shall adopt regulations as provided in this section not later than March 1, 2008, which shall be effective for compliance by school districts beginning with the 2008-2009 school year, for the Child Nutrition School Breakfast and Lunch Programs that are not in conflict with the regulations of the United States Department of Agriculture (USDA). The regulations shall take into account the most recent and advanced scientific principles regarding good human health and fitness, and the effect of the regulations must be that the good health, well-being and fitness of Mississippi school children shall be advanced. The regulations shall include, but not be limited to, the following areas:

(a) Healthy food and beverage choices;

(b) Healthy food preparation;

(d) Food preparation ingredients and products;

(e) Minimum and maximum time allotment for students and staff lunch and breakfast periods;

(f) The availability of food items during the lunch and breakfast periods of the Child Nutrition School Breakfast and Lunch Programs; and

(g) Methods to increase participation in the Child Nutrition School Breakfast and Lunch Programs.

(2) The Office of Healthy Schools of the State Department of Education shall provide comprehensive training for superintendents, business managers, food service directors, food service managers, and other staff of a local school district as required by the department on marketing healthy foods, creating a healthy cafeteria environment, effective and efficient food service operations, the standards and expectations of food service staff, and other topics as identified by the department. The department may determine the time and location of the trainings and the frequency with which they are held.

(3) To assist the State Board of Education in developing the regulations required by this section, the State Superintendent of Public Education shall appoint an advisory committee comprised of the following members: one (1) representative of the Office of Child Nutrition in the State Department of Education; one (1) member of the State Board of Education; one (1) licensed dietitian; one (1) licensed physician; one (1) local public school superintendent; one (1) school food service director from each of the four (4) congressional districts; one (1) principal of a local public elementary or middle school; one (1) principal of a local public high school; the president of the Mississippi School Nutrition Association or his designee; one (1) member of the Senate, who shall serve in an advisory capacity only; and one (1) member of the House of Representatives, who shall serve in an advisory capacity only. All members of the advisory committee must be residents of the state and active practitioners in their respective fields. The State Superintendent shall appoint the members of the advisory committee not later than April 30, 2007, and shall designate the member who will be the chairman of the committee. The advisory committee shall hold its first meeting not later than June 1, 2007, and shall meet at such other times as necessary. The advisory committee shall make its recommendations to the State Board of Education on the regulations required by this section not later than October 15, 2007.

To effectuate the purposes of this section, upon the request of the chairman of the advisory committee, any department, division, board, bureau, commission or agency of the state or of any political subdivision of the state shall provide to the committee such facilities, assistance and data that will enable the committee to properly carry out its functions under this section.

Members of the advisory committee who are not public employees who live in the Jackson, Mississippi, metropolitan area or a member of the Legislature shall receive per diem at the rate authorized by Section 25-3-69 for attending meetings of the committee, and shall be reimbursed in accordance with Section 25-3-41 for mileage and actual expenses incurred in the performance of their duties. The legislative members of the committee shall be paid from the contingent expense fund of the house of which he or she is a member in the same manner as provided for committee meetings when the Legislature is not in session; however, no per diem or expense for attending meetings of the committee may be paid while the Legislature is in session. A committee member may not incur per diem, travel or other expenses unless previously authorized by vote, at a meeting of the committee, which action must be recorded in the official minutes of the meeting. Nonlegislative members will be paid from funds available to the State Department of Education or from any other funds made available to the committee for that purpose.

(4) Local school districts may adopt rules and regulations that may be more stringent but not in conflict with those adopted by the State Board of Education under this section.

SECTION 2. This act shall take effect and be in force from and after July 1, 2010.