February 9, 2007 Issue (95k ) of Legislative Highlights

A group of legislators and activists introduced a bill this week that creates minimum standards for food and beverages sold in schools. House Bill 2650 was introduced Wednesday by legislators on behalf of the Oregon Nutrition Policy Alliance. The bill creates proscriptive requirements for fat, caloric and sugar content of foods sold in schools. It also defines the types of beverages that may be sold in schools. The bill is currently awaiting referral to a House committee.

"This is another example of the Legislature acting as a 90-member school board," said David Williams, OSBA Legislative & Public Affairs specialist. "Decisions about the operations of a local school district are best left to the publicly elected school board members who are accountable to the voters and taxpayers in their local communities."

One of the sponsors of the bill, Senator Bill Morrisette (D-Springfield), said that a state mandate would "do the right thing for our children, because our schools have a duty to not only teach but also model healthy behavior."

Sponsors of the bill include Senators Morrisette and Joanne Verger (D-Coos Bay) and Representatives Scott Bruun (R-West Linn), Tina Kotek (D-Portland) and Andy Olson (R-Albany). The alliance supporting the legislation includes Stand for Children, the Oregon Nurses Association and the Oregon Medical Association.

HB 2650 would require that all snack foods, with some exceptions such as nuts, contain no more than 35 percent of total calories from fat, no more than 10 percent of total calories from saturated fats, no more than 35 percent sugar by weight, no trans fats and no more than 150 calories in grades K-5, no more than 180 calories in grades 6-8 and no more than 200 calories in grades 9-12. Any entree sold in schools may not contain more than four grams of fat per 100 calories and must be no more than 450 total calories.

The bill places additional restrictions on beverages sold. In elementary schools, beverages may be water, eight ounces of 100 percent fruit juice (with restrictions) and eight ounces of milk (with restrictions). In middle or junior high schools, the juice and milk capacities are 10 ounces and in high schools, 12 ounces. Additionally, high schools may sell no- or low-calorie beverages if they contain no more than 10 calories per eight ounces.

The restrictions outlined in the bill apply to all foods sold before and during school and at after school activities. They do not apply to times when the school is being used primarily for non-school-related events or for events at which parents and other adults are a significant part of the audience, such as sports, plays or concerts.

The restrictions don't apply to foods and beverages sold as part of the National School Lunch and the School Breakfast programs.