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 agen-
cies to support the purchase or lease and use of vending 
machines that offer for sale healthy foods and beverages 
in schools. 
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 at the the ‘‘Student Nutrition 
and Health Act’’.
SEC. 2. GRANTS FOR PROCUREMENT AND USE OF QUALI-
FIED VENDING MACHINES IN SCHOOLS. 
(a) GRANTS AUTHORIZED.—The Director of the Cen-
ters for Disease Control and Prevention may make grants 
to local educational agencies for the purpose of assisting 
such agencies— 
(1) to purchase or lease qualified vending ma-
chines for placement in elementary and secondary 
schools for the use of students of such schools; and 
(2) to offset any loss of revenue incurred by the 
local educational agency as a result of offering for 
sale healthy foods and beverages in qualified vending 
machines. 
(b) REMOVAL OF OTHER VENDING MACHINES AND 
USE OF QUALIFIED VENDING MACHINES.—As a condition 
for receiving a grant under subsection (a), the local edu-
cational agency shall agree— 
(1) to remove any vending machines that offer 
for sale foods and beverages of minimal nutritional 
value from each elementary or secondary school 
under its jurisdiction in which qualified vending ma-
chines will be placed using the grant funds; and 
(2) to use only qualified vending machines in 
such school for such period as the Director may pre-
scribe.
(c) MAXIMUM PORTION SIZES.—As a further condi-
tion for receiving a grant under subsection (a), the local 
educational agency shall ensure that foods and beverages 
offered for sale in qualified vending machines will be lim-
ited to the following maximum portion sizes: 
(1) One and one-quarter ounces for crackers, 
popcorn, cereal, trail mix, nuts, seeds, dried fruit, or 
jerky. 
(2) Two ounces for cereal bars. 
(3) Three ounces for bakery items, including 
muffins. 
(4) Three fluid ounces for frozen desserts. 
(5) Eight ounces for non-frozen yogurt. 
(6) Twelve ounces for beverages, excluding 
water. 
(7) Entree items and side dishes shall be no 
larger than the portions of those foods served as 
part of the Federal school meal program. 
(d) APPLICATIONS.—To apply for a grant under this 
section, a local educational agency shall submit an applica-
tion to the Director at such time, in such manner, and 
containing such information as the Director may require. 
A local educational agency may submit a new application 
for the purpose of applying to receive continuing grants 
for the purpose described in subsection (a)(2).
(e) DEFINITIONS.—In this Act: 
(1) FOODS AND BEVERAGES OF MINIMAL NU-
TRITIONAL VALUE.—The term ‘‘foods and beverages 
of minimal nutritional value’’ means a food or bev-
erage item which provides less than five percent of 
the Reference Daily Intake (RDI) for protein, vita-
min A, vitamin C, niacin, riboflavin, thiamin, cal-
cium, or iron per serving. 
(2) HEALTHY FOODS AND BEVERAGES.— 
(A) The term ‘‘healthy foods and bev-
erages’’ means any food or beverage item that 
derives— 
(i) 30 percent or less of its total cal-
ories from fat; 
(ii) 10 percent or less of its total cal-
ories from saturated fat and trans fat; and 
(iii) 35 percent or less of its total cal-
ories from sugars, excluding those sugars 
occurring naturally in fruits, vegetables, 
and dairy products. 
(B) The term ‘‘healthy foods and bev-
erages’’ includes nuts, seeds, and flavored fluid 
milk. 
(3) LOCAL EDUCATIONAL AGENCY.—The term 
‘‘local educational agency’’ has the meaning given
such term in section 9101 of the Elementary and 
Secondary Education Act of 1965 (20 U.S.C. 7801). 
(4) QUALIFIED VENDING MACHINE.—The term 
‘‘qualified vending machine’’ means a vending ma-
chine that offers for sale only healthy foods or bev-
erages. 
(5) SCHOOL.—The term ‘‘school’’ means any el-
ementary school (as defined by section 9101 of the 
Elementary and Secondary Education Act of 1965 
(20 U.S.C. 7801)) and any secondary school (as de-
fined by such section). 
(f) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Director 
$100,000,000 for each of the fiscal years 2006 through 
2010 to carry out this section. Amounts so appropriated 
shall remain available until expended. 
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