I 

109TH CONGRESS 

1ST SESSION H. R. 2763 

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 

JUNE 7, 2005 

Mrs. CAPPS 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, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited at the the ‘‘Student Nutrition 

5 and Health Act’’. 
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1 SEC. 2. GRANTS FOR PROCUREMENT AND USE OF QUALI2 FIED 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 
5 

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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 2006 through 

15 2010 to carry out this section. Amounts so appropriated 

16 shall remain available until expended. 

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