HR 4870 IHCommentsClose CommentsPermalink

To provide plant-based commodities under the school lunch program under the Richard B. Russell National School Lunch Act and the school breakfast program under the Child Nutrition Act of 1966, and for other purposes.CommentsClose CommentsPermalink

March 17, 2010CommentsClose CommentsPermalink

Mr. POLIS of Colorado (for himself, Mr. ANDREWS, Ms. EDDIE BERNICE JOHNSON of Texas, Mr. CARNAHAN, Mrs. CHRISTENSEN, Ms. CLARKE, Mr. CLEAVER, Mr. CONYERS, Mr. CUMMINGS, Mr. DAVIS of Illinois, Mr. DELAHUNT, Mr. ELLISON, Mr. FILNER, Ms. FUDGE, Mr. AL GREEN of Texas, Mr. GRIJALVA, Mr. HASTINGS of Florida, Mr. HINCHEY, Ms. HIRONO, Ms. JACKSON LEE of Texas, Ms. KILPATRICK of Michigan, Ms. LEE of California, Mr. MEEKS of New York, Mr. MORAN of Virginia, Ms. NORTON, Mr. PAYNE, Ms. RICHARDSON, Mr. ROTHMAN of New Jersey, Ms. ROYBAL-ALLARD, Ms. LINDA T. SANCHEZ of California, Ms. SCHAKOWSKY, Mr. SIRES, Mr. THOMPSON of Mississippi, Mr. TOWNS, Ms. WASSERMAN SCHULTZ, Ms. WATSON, and Mr. KUCINICH) introduced the following bill; which was referred to the Committee on Education and LaborCommentsClose CommentsPermalink

To provide plant-based commodities under the school lunch program under the Richard B. Russell National School Lunch Act and the school breakfast program under the Child Nutrition Act of 1966, and for other purposes.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Healthy School Meals Act of 2010’.CommentsClose CommentsPermalink

SEC. 2. FINDINGS AND PURPOSE.

(a) Findings- Congress finds the following:CommentsClose CommentsPermalink





(1) National Health and Nutrition Examination Surveys (1976-1980 and 2003-2006) conducted for the Centers for Disease Control and Prevention show that obesity prevalence increased from 5.0 percent to 12.4 percent in children aged 2 to 5 years, from 6.5 percent to 17.0 percent in those aged 6-11 years and from 5.0 percent to 17.6 percent in those aged 12 to 19 years.CommentsClose CommentsPermalink





(2) A 2007 Department of Agriculture School Nutrition Dietary study found that an estimated 70 percent of schools serve meals that exceed recommended levels of saturated fat, which is linked to heart disease and other obesity-related chronic diseases, such as diabetes and some cancers.CommentsClose CommentsPermalink





(3) The Centers for Disease Control and Prevention predicts one in three children born in the year 2000 will develop diabetes in his or her life.CommentsClose CommentsPermalink





(4) A Yale University study of overweight and obese children found higher than normal blood sugar. Twenty-five percent of children age 4 to 10 had impaired glucose tolerance, suggesting diabetes may soon occur.CommentsClose CommentsPermalink





(5) Healthy school meals are essential for protecting children from weight problems and other diet-related conditions; meals too high in fat and calories are found to contribute to weight and health problems.CommentsClose CommentsPermalink





(6) The Department of Agriculture’s National Nutrient Database lists vegetables, fruits, whole grains, and legumes as being extremely low in saturated fat and containing no cholesterol.CommentsClose CommentsPermalink





(7) The American Medical Association and the American Public Health Association have passed resolutions calling for plant-based foods including vegetables, fruits, legumes, grains, and healthful dairy alternative beverages to be included in school meals.CommentsClose CommentsPermalink





(8) A rapidly increasing number of families in the United States opt for plant-based meals for health, ethical, or religious reasons.CommentsClose CommentsPermalink





(9) The July 2009 Journal of the American Dietetic Association published an official position paper of the American Dietetic Association which concluded that plant-based diets are nutritionally adequate for everyone, including children, and provide health benefits when compared to other eating patterns.CommentsClose CommentsPermalink





(10) Studies have shown that the bioavailability of calcium from soymilk fortified with calcium carbonate is equivalent to cow’s milk.CommentsClose CommentsPermalink





(11) The Department of Agriculture includes fruits, vegetables, whole grains, and legumes in its commodities program, but these essential ingredients to healthy meals are often underutilized or unavailable to many schools.CommentsClose CommentsPermalink





(12) Access to healthful plant-based school lunch options is essential to improving the health of America’s children.CommentsClose CommentsPermalink





(b) Purpose- The purpose of this Act is to improve the health of America’s schoolchildren by raising the nutritional quality of food through the promotion of plant-based meals and healthful dairy alternative beverages in schools.CommentsClose CommentsPermalink

SEC. 3. DEFINITIONS.

In this Act:CommentsClose CommentsPermalink





(1) PLANT-BASED ALTERNATE PROTEIN PRODUCT- The term ‘plant-based alternate protein product’ means an alternate protein product that--CommentsClose CommentsPermalink





(A) meets the nutritional requirements described in appendix A to part 210 of title 7 of the Code of Federal Regulations (as in effect on the date of the enactment of this Act); andCommentsClose CommentsPermalink





(B) contains no animal-based foods, products, or byproducts.CommentsClose CommentsPermalink





(2) PLANT-BASED MEAT ALTERNATE- The term ‘plant-based meat alternate’ means a meat alternate that--CommentsClose CommentsPermalink





(A) meets the nutritional requirements described in paragraph (k)(1) of part 210.10 of title 7 of the Code of Federal Regulations (as in effect on the date of the enactment of this Act); andCommentsClose CommentsPermalink





(B) contains no animal-based foods, products, or byproducts.CommentsClose CommentsPermalink





(3) PLANT-BASED ENTREE- The term ‘plant-based entree’ means a combination of foods or a single food item offered as a main course that--CommentsClose CommentsPermalink





(A) meets the nutritional requirements described in part 210.10 of title 7 of the Code of Federal Regulations (as in effect on the date of the enactment of this Act) as a meat alternate for food-based menu planning or protein requirement for nutrient-based menu planning for lunches that are reimbursable under the Richard B. Russell National School Lunch Act (20 U.S.C. 1751 et seq.); andCommentsClose CommentsPermalink





(B) contains no animal-based foods, products, or byproducts.CommentsClose CommentsPermalink





(4) SECRETARY- The term ‘Secretary’ means the Secretary of Agriculture.CommentsClose CommentsPermalink





(5) SUBSTITUTE FOR FLUID MILK- The term ‘substitute for fluid milk’ means a nondairy fluid milk that is nutritionally equivalent to fluid dairy milk and meets the nutritional standards established by the Secretary, which shall include fortification of calcium, 6 or more grams of protein per 8-ounce serving, vitamin A, vitamin D, magnesium, phosphorus, potassium, riboflavin, and vitamin B12 to levels found in fluid dairy milk.CommentsClose CommentsPermalink

SEC. 4. HEALTHY SCHOOL MEALS PILOT PROGRAM.

(a) In General- Not later than 6 months after the date of the enactment of this Act, the Secretary shall select school food authorities to participate in a pilot program that evaluates the use of plant-based alternate protein products and substitute for fluid milk products under the school meal programs under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.) and section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773).CommentsClose CommentsPermalink





(b) Selection and Program Requirements-CommentsClose CommentsPermalink





(1) SELECTION REQUIREMENTS- The Secretary shall select school food authorities to participate in the pilot program under this section that are nationally representative of school food authorities in terms of size, geographic location, and socioeconomic levels of students served.CommentsClose CommentsPermalink





(2) PROGRAM REQUIREMENTS- In addition to the commodities delivered under section 6(b) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1755(b)), the Secretary shall deliver to the school food authorities selected to participate in the pilot program under this section, at no cost to the school food authorities, plant-based alternate protein products and substitute for fluid milk products for schools under the jurisdiction of such school food authorities for the preparation of daily meals under--CommentsClose CommentsPermalink





(A) the school lunch program under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.); andCommentsClose CommentsPermalink





(B) the school breakfast program under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773).CommentsClose CommentsPermalink





(c) Evaluation- Not later than 24 months after the date of the enactment of this Act the Secretary shall evaluate the pilot program conducted under this section to assess--CommentsClose CommentsPermalink





(1) which plant-based alternate protein products and substitute for fluid milk products are superior with regard to--CommentsClose CommentsPermalink





(A) cost-effectiveness;CommentsClose CommentsPermalink





(B) marketability to school food authorities;CommentsClose CommentsPermalink





(C) ease of preparation and use; andCommentsClose CommentsPermalink





(D) acceptance by children participating in the school meal programs under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.) and section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773).CommentsClose CommentsPermalink





(2) any other factors and outcomes associated with increasing the availability of plant-based alternate protein products and substitute for fluid milk products in schools, as determined by the Secretary.CommentsClose CommentsPermalink





(d) Funds- Not later than October 15, 2011, out of the funds in the Treasury not otherwise appropriated, the Secretary of Treasury shall transfer to the Secretary of Agriculture $4,000,000 to carry out this section. The Secretary of Agriculture shall be entitled to receive the funds and shall accept the funds, without further appropriation.CommentsClose CommentsPermalink

SEC. 5. PURCHASE OF PLANT-BASED COMMODITIES.

(a) Purchase of Plant-Based Commodities- Not later than 24 months after the date of the enactment of this Act, in addition to the commodities delivered under section 6(b) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1755(b)), the Secretary shall deliver plant-based alternate protein products and substitute for fluid milk products that are determined to be superior according to the findings of the evaluation conducted under section 4(c) for use in--CommentsClose CommentsPermalink





(1) the school lunch program under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.); andCommentsClose CommentsPermalink





(2) the school breakfast program under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773).CommentsClose CommentsPermalink





(b) Training- The Secretary shall provide training materials to schools and school food authorities on the nutritional benefits and preparation of plant-based meat alternates and alternate protein product commodities for schoolchildren.CommentsClose CommentsPermalink

SEC. 6. COMMODITY ASSISTANCE FOR PLANT-BASED OPTIONS.

(a) Rules- Not later than 24 months after the date of the enactment of this Act, the Secretary shall promulgate rules that--CommentsClose CommentsPermalink





(1) based on the most recent Dietary Guidelines published under section 301 of the National Nutrition Monitoring and Related Research Act of 1990 (7 U.S.C. 5341), reflect specific recommendations, expressed in serving recommendations, for increased consumption of plant-based foods, including plant-based meat alternates and plant-based entrees, in school nutrition programs under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.) and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.); andCommentsClose CommentsPermalink





(2) provide for the distribution--CommentsClose CommentsPermalink





(A) to any school food authority in which at least two-thirds of the students served by the authority are offered a plant-based entree as a menu item on each daily school lunch menu, supplemental commodity assistance or cash in lieu thereof under section 14 of the Richard B. Russell National School Lunch Act 42 U.S.C. 1762a) that--CommentsClose CommentsPermalink





(i) is not less than 25 percent of the total commodity assistance or cash in lieu thereof provided to the school food authority during the preceding school year; andCommentsClose CommentsPermalink





(ii) shall be used by the authority to purchase entirely plant-based commodity food products or substitute for fluid milk products;CommentsClose CommentsPermalink





(B) to each State educational agency in which a school food authority receives supplemental commodity assistance or cash in lieu thereof pursuant to paragraph (1), not more than 5 percent of such assistance or cash; andCommentsClose CommentsPermalink





(C) of increased levels of supplemental commodity assistance or cash in lieu thereof to school food authorities pursuant to paragraph (1) as school food authorities increase the number of students who are offered a plant-based entree as a menu item on each daily school lunch menu.CommentsClose CommentsPermalink





(b) Authorization of Appropriations- There are authorized to be appropriated such sums as may be necessary to carry out this section.CommentsClose CommentsPermalink

SEC. 7. SUBSTITUTE FOR FLUID MILK.

(a) Amendments- Section 9(a)(2) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1958(a)(2)(A)) is amended to read as follows:CommentsClose CommentsPermalink





‘(2) FLUID MILK-CommentsClose CommentsPermalink





‘(A) IN GENERAL- Lunches served by schools participating in the school lunch program under this Act--CommentsClose CommentsPermalink





‘(i) shall offer students fluid milk in a variety of fat contents; andCommentsClose CommentsPermalink





‘(ii) may offer students flavored and unflavored fluid milk, lactose-free fluid milk, and a nondairy substitute for fluid milk.CommentsClose CommentsPermalink





‘(B) SUBSTITUTES-CommentsClose CommentsPermalink





‘(i) STANDARDS FOR SUBSTITUTION- A school shall substitute for the fluid milk provided under subparagraph (A)(i), a nondairy beverage that is nutritionally equivalent to fluid milk and meets nutritional standards established by the Secretary (which shall, among other requirements to be determined by the Secretary, include fortification of calcium, vitamin A, vitamin D, magnesium, phosphorus, potassium, riboflavin, and vitamin B12 to levels found in fluid dairy milk, and not less than 6 grams of protein per 8-ounce serving) for students who cannot consume fluid milk because of a disability or medical or other special dietary need.CommentsClose CommentsPermalink





‘(ii) EXCESS EXPENSES BORNE BY SCHOOL FOOD AUTHORITY- Expenses incurred in providing substitutions under this subparagraph that are in excess of expenses covered by reimbursements under this chapter shall be paid by the school food authority.’.CommentsClose CommentsPermalink





(b) Effective Date- The amendment made by subsection (a) shall take effect not later than 24 months after the date of the enactment of this Act.CommentsClose CommentsPermalink