Sec. 1. 20-A MRSA §6403-B is enacted to read:

§6403-B.__Healthy eating in schools

By September 1, 2003, the department shall adopt rules providing for healthy eating in schools.__Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.__Rules adopted pursuant to this section must meet the requirements of this section.

1.__All schools.__In all schools, sales of the following foods and drinks are prohibited whether by school nutrition program, vending machine or competitive food sales: chewing gum, candy bars, food or drinks that are 35% or more sugar or other sweeteners, juices that are less than 100% real fruit juice and foods with greater than 8 grams of fat per serving.

2.__Elementary and middle schools.__In elementary and middle schools sales of soft drinks are prohibited.

3.__High schools.__In high schools sales of soft drinks containing sugar or caffeine are prohibited.

4.__Exemption.__Contractual agreements for the sale of food or drinks in all schools that were in effect on January 1, 2003 and sales of food and drinks under those contracts are exempt from the application of the rules adopted pursuant to this section.

SUMMARY

This bill directs the Department of Education to adopt rules to prohibit the sale in schools of certain foods and drinks.