I 
111TH CONGRESS 
1ST SESSION H. R. 1324 
To amend the Child Nutrition Act of 1966 to improve the nutrition and 
health of schoolchildren and protect the Federal investment in the na-
tional school lunch and breakfast programs by updating the national 
school nutrition standards for foods and beverages sold outside of school 
meals to conform to current nutrition science. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 5, 2009 
Ms. WOOLSEY (for herself, Mr. ELLISON, Mr. STARK, Mr. HINCHEY, Mr. 
RUSH, Mr. MCGOVERN, Mr. GRIJALVA, Mr. SIRES, Mr. PAYNE, Ms. 
HIRONO, Mr. LOEBSACK, Mr. BISHOP of Georgia, Mr. VAN HOLLEN, Ms. 
BERKLEY, Mr. FILNER, Mr. CHANDLER, Mr. CONNOLLY of Virginia, 
Mrs. CAPPS, Mr. COHEN, Ms. BALDWIN, Ms. ESHOO, Mr. DOYLE, Mr. 
ISRAEL, Ms. WASSERMAN SCHULTZ, Mr. GUTIERREZ, Mr. BISHOP of 
New York, Ms. MOORE of Wisconsin, Mr. MCDERMOTT, Ms. SLAUGH-
TER, Mr. BACA, Mrs. MALONEY, Mr. SARBANES, Mr. KENNEDY, Ms. 
MCCOLLUM, Mr. CUMMINGS, Mr. CARSON of Indiana, Mr. TIERNEY, Ms. 
JACKSON-LEE of Texas, Mr. ROTHMAN of New Jersey, Ms. BORDALLO, 
Mr. RYAN of Ohio, Mr. PALLONE, Mr. WU, Mr. WAXMAN, Mr. KAGEN, 
Mr. SESTAK, Mr. POLIS of Colorado, Ms. LEE of California, Ms. EDDIE 
BERNICE JOHNSON of Texas, Mr. COURTNEY, Mrs. LOWEY, Mr. HARE, 
Mr. BOSWELL, Mr. CONYERS, Mr. JOHNSON of Georgia, Mr. MOORE of 
Kansas, Mr. BRADY of Pennsylvania, Ms. SUTTON, Mr. HONDA, Ms. 
SHEA-PORTER, Mr. SMITH of Washington, Mr. FARR, Mr. KUCINICH, 
Mr. ANDREWS, Ms. CLARKE, Mrs. DAVIS of California, Mr. DAVIS of Illi-
nois, Mr. HINOJOSA, Mr. HOLT, Mr. JACKSON of Illinois, Ms. KAPTUR, 
Mr. KILDEE, Mr. LEWIS of Georgia, Mr. MORAN of Virginia, Mr. NAD-
LER of New York, Mr. OLVER, Ms. ROYBAL-ALLARD, Ms. SCHAKOWSKY, 
Mrs. TAUSCHER, Ms. WATSON, Mr. SCOTT of Virginia, Ms. WATERS, Mr. 
BLUMENAUER, Ms. KILPATRICK
of Michigan, Mr. DEFAZIO, Mr. 
WEXLER, Mr. CARNEY, Mr. GORDON of Tennessee, Mr. YOUNG of Alas-
ka, and Ms. DEGETTE) introduced the following bill; which was referred 
to the Committee on Education and Labor 
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A BILL 
To amend the Child Nutrition Act of 1966 to improve the 
nutrition and health of schoolchildren and protect the 
Federal investment in the national school lunch and 
breakfast programs by updating the national school nu-
trition standards for foods and beverages sold outside 
of school meals to conform to current nutrition science. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Child Nutrition Pro-
motion and School Lunch Protection Act of 2009’’. 
SEC. 2. FINDINGS. 
Congress finds that— 
(1) for a school food service program to receive 
Federal reimbursements under the Child Nutrition 
Act of 1966 (42 U.S.C. 1771 et seq.) or the Richard 
B. Russell National School Lunch Act (42 U.S.C. 
1751 et seq.), school meals served by the program 
must meet science-based nutrition standards estab-
lished by Congress and the Secretary of Agriculture; 
(2) foods sold outside the reimbursable school 
meal programs (including food and beverages sold in 
vending machines, a la carte in cafeterias, school 
stores, and snack bars) are not required to meet 
comparable nutritional standards; 
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(3) in order to promote child nutrition and 
health, Congress— 
(A) has authorized the Secretary to estab-
lish nutrition standards in the school lunchroom 
during meal time; and 
(B) since 1979, has prohibited the sale of 
food of minimal nutritional value, as defined by 
the Secretary, in areas where school meals are 
sold or eaten; 
(4) federally reimbursed school meals and child 
nutrition and health are undermined by the uneven 
authority of the Secretary to apply nutrition stand-
ards throughout the school campus and over the 
course of the school day; 
(5) as of the date of enactment of this Act, the 
definition of the term ‘‘food of minimal nutritional 
value’’ is the national nutrition standard for foods 
sold outside of school meals; 
(6) since 1979, when the Secretary defined the 
term ‘‘food of minimal nutritional value’’ and pro-
mulgated regulations for the sale of those foods dur-
ing meal times, nutrition science has evolved and ex-
panded; 
(7) because some children purchase foods other 
than balanced meals provided through the school 
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lunch program established under the Richard B. 
Russell National School Lunch Act (42 U.S.C. 1751 
et seq.) and the school breakfast program estab-
lished by section 4 of the Child Nutrition Act of 
1966 (42 U.S.C. 1773), the efforts of parents to en-
sure that their children consume healthful diets are 
undermined; 
(8) experts in nutrition science have found 
that— 
(A) since the 1970s, obesity rates have tri-
pled among children ages 6 to 19; 
(B) children’s sodium intake is 214 per-
cent above recommended levels; 
(C) 85 percent of children consume more 
saturated fat than is recommended in the most 
recent Dietary Guidelines for Americans pub-
lished under section 301 of the National Nutri-
tion Monitoring and Related Research Act of 
1990 (7 U.S.C. 5341); 
(D) over 2⁄3 of all foods consumed by 
schoolchildren are foods that are recommended 
for occasional intake; 
(E) overweight and obesity are leading 
modifiable risk factors that have led to the 
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growing number of children with type 2 diabe-
tes; and 
(F) 1⁄4 of children ages 5 to 10 show early 
warning signs of heart disease, such as elevated 
blood cholesterol or high blood pressure; 
(9) in 1996, children aged 2 to 18 years con-
sumed an average of 118 more calories per day than 
children did in 1978, which is the equivalent of 12 
pounds of weight gain annually, if not compensated 
for through increased physical activity; and 
(10) the national estimated cost of obesity is 
$123,000,000,000 a year, 1⁄2 of which is paid 
through the Medicare program under title XVIII of 
the Social Security Act (42 U.S.C. 1395 et seq.) and 
the Medicaid program under title XIX of that Act 
(42 U.S.C. 1396 et seq.). 
SEC. 3. NATIONAL SCHOOL NUTRITION STANDARDS. 
Section 10 of the Child Nutrition Act of 1966 (42 
U.S.C. 1779) is amended— 
(1) by striking the section heading and all that 
follows through ‘‘(a) The Secretary’’ and inserting 
the following: 
‘‘SEC. 10. REGULATIONS. 
‘‘(a) IN GENERAL.—The Secretary’’; and 
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