House Bill 302

AN ACT TO AMEND SECTION 37-13-137, MISSISSIPPI CODE OF 1972, TO REQUIRE THE STATE BOARD OF EDUCATION TO ADOPT A REGULATION REQUIRING LOCAL SCHOOL DISTRICTS TO PROVIDE LOW-FAT SNACKS AND MEALS TO CHILDREN DIAGNOSED BY A PHYSICIAN AS OVERWEIGHT AND TO CHILDREN WHOSE PARENTS REQUEST ONLY LOW-FAT SNACKS AND MEALS FOR THEIR CHILDREN; TO REQUIRE THE STATE BOARD OF EDUCATION TO ADOPT A REGULATION ADDRESSING FOOD SALES OUTSIDE OF THE CHILD NUTRITION SCHOOL BREAKFAST AND LUNCH PROGRAMS WHICH ARE MADE AVAILABLE AT THE DISCRETION OF THE LOCAL SCHOOL DISTRICT; 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 * * * for the Child Nutrition School Breakfast and Lunch Programs * * *~~that~~ which 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 * * *.;

(h) Preparation of low-fat snacks and meals for the lunch and breakfast periods, which low-fat snacks and meals must be provided to those children who have been diagnosed as overweight by a physician duly licensed to practice medicine in the United States and to any child whose parent or guardian submits a written request to the child's school requesting that the child be provided only low-fat snacks and meals; and

(i) Food sales outside of the Child Nutrition School Breakfast and Lunch Programs which are made available at the discretion of local school districts.

(2) The Office of Healthy Schools of the State Department of Education shall provide comprehensive training for superintendents, business managers, food service directors and food service managers of a local school district, or the designees appointed by those individuals for training purposes, 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. Persons employed by a local school district having the certification as a Food Service Administrator III or IV shall be exempt from the training requirements of this subsection.

(3) Local school districts may adopt rules and regulations that * * *~~may be~~ are 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, 2014.