I 
109TH CONGRESS 
2D SESSION 
H. R. 5167 
To amend the Child Nutrition Act of 1966 to improve the nutrition and 
health of schoolchildren by updating the definition of ‘‘food of minimal 
nutritional value’’ to conform to current nutrition science and to protect 
the Federal investment in the national school lunch and breakfast pro-
grams. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 6, 2006 
Ms. WOOLSEY (for herself, Mr. SHAYS, Mr. CONYERS, Mrs. JOHNSON of Con-
necticut, Mr. GRIJALVA, Mr. FILNER, Mr. EVANS, Ms. WASSERMAN 
SCHULTZ, Mr. FARR, Mrs. CAPPS, Mr. POMEROY, and Ms. HERSETH) in-
troduced the following bill; which was referred to the Committee on Edu-
cation and the Workforce 
A BILL 
To amend the Child Nutrition Act of 1966 to improve the 
nutrition and health of schoolchildren by updating the 
definition of ‘‘food of minimal nutritional value’’ to con-
form to current nutrition science and to protect the 
Federal investment in the national school lunch and 
breakfast programs. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Child Nutrition Pro-
motion and School Lunch Protection Act of 2006’’. 
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 that program 
must meet science-based nutritional standards estab-
lished by Congress and the Secretary of Agriculture; 
(2) foods sold individually outside the school 
meal programs (including foods sold in vending ma-
chines, a la carte or snack lines, school stores, and 
snack bars) are not required to meet comparable nu-
tritional standards; 
(3) in order to promote child nutrition and 
health, Congress— 
(A) has authorized the Secretary to estab-
lish nutritional standards in the school lunch-
room 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; 
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(4) Federally-reimbursed school meals and child 
nutrition and health are undermined by the uneven 
authority of the Secretary to set nutritional stand-
ards throughout the school campus and over the 
course of the school day; 
(5) 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; 
(6) the current definition of ‘‘food of minimal 
nutritional value’’ is inconsistent with current knowl-
edge about nutrition and health; 
(7) because some children purchase foods other 
than balanced meals provided through the school 
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— 
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(A) since 1980, rates of obesity have dou-
bled in children and tripled in adolescents; 
(B) only 2 percent of children eat a 
healthy diet that is consistent with Federal nu-
trition recommendations; 
(C) 3 out of 4 high school students do not 
eat the minimum recommended number of 
servings of fruits and vegetables each day; and 
(D) type 2 diabetes, which is primarily due 
to poor diet and physical inactivity, is rising 
rapidly in children; 
(9) in 1996, children aged 2 to 18 years con-
sumed an average of 118 more calories per day than 
similar children did in 1978, which is the equivalent 
of 12 pounds of weight gain annually, if not com-
pensated for through increased physical activity; and 
(10) according to the Surgeon General, the di-
rect and indirect costs of obesity in the United 
States are $117,000,000,000 per year. 
SEC. 3. FOOD OF MINIMAL NUTRITIONAL VALUE. 
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: 
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‘‘SEC. 10. REGULATIONS. 
‘‘(a) IN GENERAL.—The Secretary’’; and 
(2) by striking subsections (b) and (c) and in-
serting the following: 
‘‘(b) FOOD OF MINIMAL NUTRITIONAL VALUE.— 
‘‘(1) PROPOSED REGULATIONS.— 
‘‘(A) IN
GENERAL.—Not later than 180 
days after the date of enactment of this para-
graph, the Secretary shall promulgate proposed 
regulations to revise the definition of ‘food of 
minimal nutritional value’ that is used to carry 
out this Act and the Richard B. Russell Na-
tional School Lunch Act (42 U.S.C. 1751 et 
seq.). 
‘‘(B) APPLICATION.—The revised defini-
tion of ‘food of minimal nutritional value’ shall 
apply to all foods sold— 
‘‘(i) outside the school meal programs; 
‘‘(ii) on the school campus; and 
‘‘(iii) at any time during the school 
day. 
‘‘(C) REQUIREMENTS.—In revising the 
definition, the Secretary shall consider— 
‘‘(i) both the positive and negative 
contributions of nutrients, ingredients, and 
foods (including calories, portion size, satu-
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rated fat, trans fat, sodium, and added 
sugars) to the diets of children; 
‘‘(ii) evidence concerning the relation-
ship between consumption of certain nutri-
ents, ingredients, and foods to both pre-
venting and promoting the development of 
overweight, obesity, and other chronic ill-
nesses; 
‘‘(iii) recommendations made by au-
thoritative scientific organizations con-
cerning appropriate nutritional standards 
for foods sold outside of the reimbursable 
meal programs in schools; and 
‘‘(iv) special exemptions for school- 
sponsored fundraisers (other than fund-
raising through vending machines, school 
stores, snack bars, a la carte sales, and 
any other exclusions determined by the 
Secretary), if the fundraisers are approved 
by the school and are infrequent within the 
school. 
‘‘(2) IMPLEMENTATION.— 
‘‘(A) EFFECTIVE DATE.— 
‘‘(i) IN
GENERAL.—Except as pro-
vided in clause (ii), the proposed regula-
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tions shall take effect at the beginning of 
the school year following the date on which 
the regulations are finalized. 
‘‘(ii) EXCEPTION.—If the regulations 
are finalized on a date that is not more 
than 60 days before the beginning of the 
school year, the proposed regulations shall 
take effect at the beginning of the fol-
lowing school year. 
‘‘(B) FAILURE TO PROMULGATE.—If, on 
the date that is 1 year after the date of enact-
ment of this paragraph, the Secretary has not 
promulgated final regulations, the proposed reg-
ulations shall be considered to be final regula-
tions.’’. 
Æ 
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