I

108TH CONGRESS

1ST SESSION H. R. 2225

To authorize the Director of the Centers for Disease Control and Prevention

to make grants to local educational agencies to support the purchase

or lease and use of vending machines that offer for sale healthy foods

and beverages in schools.

IN THE HOUSE OF REPRESENTATIVES

MAY 22, 2003

Mrs. CAPPS (for herself, Mr. WAXMAN, Mr. TURNER of Ohio, Ms. WOOLSEY,

Mr. RYAN of Ohio, Ms. DELAURO, Mr. SCHIFF, Ms. LOFGREN, Mr.

WYNN, Mr. ISRAEL, Mr. MCNULTY, Mr. GONZALEZ, Ms. EDDIE BERNICE JOHNSON of Texas, Mr. SANDERS, Mr. HINCHEY, Ms. NORTON,

Mr. ABERCROMBIE, and Mr. KUCINICH) introduced the following bill;

which was referred to the Committee on Education and the Workforce,

and in addition to the Committee on Energy and Commerce, for a period

to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee

concerned

A BILL

To authorize the Director of the Centers for Disease Control

and Prevention to make grants to local educational agencies to support the purchase or lease and use of vending

machines that offer for sale healthy foods and beverages

in schools.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. GRANTS FOR PROCUREMENT AND USE OF

2 QUALIFIED VENDING MACHINES IN SCHOOLS.

3 (a) GRANTS AUTHORIZED.—The Director of the Cen4 ters for Disease Control and Prevention may make grants

5 to local educational agencies for the purpose of assisting

6 such agencies—

7 (1) to purchase or lease qualified vending ma8 chines for placement in elementary and secondary

9 schools for the use of students of such schools; and

10 (2) to offset any loss of revenue incurred by the

11 local educational agency as a result of offering for

12 sale healthy foods and beverages in qualified vending

13 machines.

14 (b) REMOVAL OF OTHER VENDING MACHINES AND

15 USE OF QUALIFIED VENDING MACHINES.—As a condition

16 for receiving a grant under subsection (a), the local edu17 cational agency shall agree—

18 (1) to remove any vending machines that offer

19 for sale foods and beverages of minimal nutritional

20 value from each elementary or secondary school

21 under its jurisdiction in which qualified vending ma22 chines will be placed using the grant funds; and

23 (2) to use only qualified vending machines in

24 such school for such period as the Director may pre25 scribe.
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1 (c) MAXIMUM PORTION SIZES.—As a further condi2 tion for receiving a grant under subsection (a), the local

3 educational agency shall ensure that foods and beverages

4 offered for sale in qualified vending machines will be lim5 ited to the following maximum portion sizes:

6 (1) One and one–quarter ounces for crackers,

7 popcorn, cereal, trail mix, nuts, seeds, dried fruit, or

8 jerky.

9 (2) Two ounces for cereal bars.

10 (3) Three ounces for bakery items, including

11 muffins.

12 (4) Three fluid ounces for frozen desserts.

13 (5) Eight ounces for non–frozen yogurt.

14 (6) Twelve ounces for beverages, excluding

15 water.

16 (7) Entree items and side dishes shall be no

17 larger than the portions of those foods served as

18 part of the Federal school meal program.

19 (d) APPLICATIONS.—To apply for a grant under this

20 section, a local educational agency shall submit an applica21 tion to the Director at such time, in such manner, and

22 containing such information as the Director may require.

23 A local educational agency may submit a new application

24 for the purpose of applying to receive continuing grants

25 for the purpose described in subsection (a)(2).
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1 (e) DEFINITIONS.—In this Act:

2 (1) FOODS AND BEVERAGES OF MINIMAL NU3 TRITIONAL VALUE.—The term ‘‘foods and beverages

4 of minimal nutritional value’’ means a food or bev5 erage item which provides less than five percent of

6 the Reference Daily Intake (RDI) for protein, vita7 min A, vitamin C, niacin, riboflavin, thiamin, cal8 cium, or iron per serving.

9 (2) HEALTHY FOODS AND BEVERAGES.—

10 (A) The term ‘‘healthy foods and bev11 erages’’ means any food or beverage item that

12 derives—

13 (i) 30 percent or less of its total cal14 ories from fat;

15 (ii) 10 percent or less of its total cal16 ories from saturated fat and trans fat; and

17 (iii) 35 percent or less of its total cal18 ories from sugars, excluding those sugars

19 occurring naturally in fruits, vegetables,

20 and dairy products.

21 (B) The term ‘‘healthy foods and bev22 erages’’ includes nuts, seeds, and flavored fluid

23 milk.

24 (3) LOCAL EDUCATIONAL AGENCY.—The term

25 ‘‘local educational agency’’ has the meaning given
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1 such term in section 9101 of the Elementary and

2 Secondary Education Act of 1965 (20 U.S.C. 7801).

3 (4) QUALIFIED VENDING MACHINE.—The term

4 ‘‘qualified vending machine’’ means a vending ma5 chine that offers for sale only healthy foods or bev6 erages.

7 (5) SCHOOL.—The term ‘‘school’’ means any el8 ementary school (as defined by section 9101 of the

9 Elementary and Secondary Education Act of 1965

10 (20 U.S.C. 7801)) and any secondary school (as de11 fined by such section).

12 (f) AUTHORIZATION OF APPROPRIATIONS.—There

13 are authorized to be appropriated to the Director

14 $100,000,000 for each of the fiscal years 2004 through

15 2008 to carry out this section. Amounts so appropriated

16 shall remain available until expended.

Æ