H. B. 4505
(By Delegates Foster, Perdue and Palumbo)
[Introduced February 17, 2004; referred to the
Committee on Education then Finance.]
A BILL to amend and reenact §18-2-6a of the code of West Virginia,
1931, as amended, relating to the sale of healthy beverages
and soft drinks in schools; limiting the sale of soft drinks;
requiring that schools offer healthy beverages at a lower
price than the price of soft drinks and defining certain
terms; and, requiring competitive bidding for contracts for
the sale of healthy beverages and soft drinks.
Be it enacted by the Legislature of West Virginia:
That §18-2-6a of the code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 2. STATE BOARD OF EDUCATION.
§18-2-6a. Sale of healthy beverages and soft drinks in schools.
In order to generate funding for necessary programs and
supplies, county boards may permit the sale of healthy beverages and soft drinks in county high schools as follows: except during
breakfast and lunch periods.
(a) During a school day, soft drinks may not be sold in an
elementary school, middle school or junior high school through
vending machines on the premises, in school stores or in school
canteens or through fund raisers by students, teachers, groups or
by any other means.
(b) During a school day, at least seventy-five percent of the
beverages offered for sale through vending machines on the
premises, in school stores or in school canteens or through fund
raisers by students, teachers, groups or by any other means in high
schools shall consist of healthy beverages, except that no
beverages may be sold during the breakfast and lunch serving
periods in competition with the school breakfast program or the
national school program.
(c) Healthy beverages may not be sold for more than
seventy-five percent of the price of soft drinks.
(d) The sale of such healthy beverages and soft drinks shall
be in compliance with the rules of the national school lunch
program and the school breakfast program of the state board and the
nutrition service of the United States department of agriculture,
which became effective on the seventeenth day of June, one thousand
nine hundred eighty-five: Provided, That, if under such rules, the
sale of soft drinks shall become prohibited, such rules shall not prohibit the sale of soft drinks in high schools in the state of
West Virginia. Seventy-five percent of the profits from the sale
of healthy beverages and soft drinks shall be allocated by a
majority vote of the faculty senate of each school and twenty-five
percent of the profits from the sale of healthy beverages and soft
drinks shall be allocated to the purchase of necessary supplies by
the principal of the school.
(e) For the purposes of this section:
(1) "School day" means the period of time between the arrival
of the first student at the school building and the end of the last
instructional period; and
(2) "Healthy beverage" means water, one hundred percent fruit
juice, low-fat milk, and any beverage that contains no more than
ten grams of sugar per serving.
(f) A school may not enter into a contract for the sale of
healthy beverages or soft drinks unless the contract is pursuant to
a competitive bid process.
NOTE: The purpose of this bill is to require the sale of
healthy beverages in high schools at 75% of the cost of soft drinks
sold. The bill prohibits the sale of soft drinks in elementary,
middle and junior high schools during the school day. The bill
also requires that contracts for the sale of healthy beverages and
soft drinks in high schools be made by a competitive bid process.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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