II 113th CONGRESS 1st Session S. 274 IN THE SENATE OF THE UNITED STATES February 11, 2013 Mrs. Gillibrand introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry A BILL To strengthen nutrition education for elementary school and secondary school students to promote healthy eating choices through developmentally appropriate lessons and activities integrated into the school day.

1. Short title This Act may be cited as the Children Eating Well Act or the CHEW Act . 2. Definitions In this Act: (1) ESEA terms The terms elementary school , local educational agency , secondary school , and State educational agency have the meanings given the terms in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (2) Programs to promote healthy eating and nutrition education The term programs to promote healthy eating and nutrition education — (A) means programs that— (i) increase a student's ability to recognize, choose, and consume healthy foods; (ii) comprehensively reflect the number of influences on healthy eating that impact a student; (iii) provide the education a student will need to make healthy eating decisions as an adult; and (iv) use— (I) nutritional materials and methods that are scientifically sound and developmentally appropriate; and (II) nutritional materials that are supported by the most recent Dietary Guidelines for Americans published under section 301 of the National Nutrition Monitoring and Related Research Act of 1990 ( 7 U.S.C. 5341 ); and (B) includes professional development programs for teachers, school staff, and food service workers to allow them to teach healthy eating and nutrition effectively and to promote a healthy school culture. 3. Programs to promote healthy eating and nutrition education (a) Local educational agency requirements (1) In general Each local educational agency that receives assistance under part A of title I of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311 et seq. ) shall, as a condition of receiving such assistance— (A) develop and implement programs to promote healthy eating and nutrition education for all schools served by the local educational agency, which may include— (i) integrating programs to promote healthy eating and nutrition education into various times of the school day and locations within schools; (ii) the use and distribution of educational materials, lessons, programs, and other activities that emphasize— (I) knowledge and appreciation of a variety of healthy foods, particularly fresh fruits and vegetables; (II) a balanced approach to a healthy diet and lifestyle; (III) the integration of healthy eating with physical activity to maximize health; and (iii) a variety of healthy eating and wellness activities that improve student knowledge and skills related to healthy eating and nutrition and do not emphasize child weight or weight loss; and (B) periodically monitor schools’ efforts in improving nutrition understanding and healthy eating among students. (2) Development A local educational agency subject to paragraph (1) shall consult multiple viewpoints in developing and implementing programs to promote healthy eating and nutrition education, which may include— (A) consulting with families, students, school officials, and other interested community members in order to develop programs to promote healthy eating and nutrition education; (B) working with organizations with nutrition education expertise, such as institutions of higher education, hospitals, cooperative extension offices, State and local health departments, the Society for Nutrition Education and Behavior, community organizations, farm groups, and others, for guidance in developing the programs to promote healthy eating and nutrition education and for assistance in implementing and evaluating such programs; (C) working with applicable government authorities, including Team Nutrition of the Food and Nutrition Service of the Department of Agriculture and State agencies delivering services under the nutrition education and obesity prevention grant program established under section 28 of the Food and Nutrition Act of 2008 (7 U.S.C. 2036a), for technical assistance in designing programs to promote healthy eating and nutrition education for the schools; (D) working with district and school wellness councils or other school health advisory groups in developing, implementing, and evaluating programs to promote healthy eating and nutrition education; (E) integrating programs to promote healthy eating and nutrition education with the local school wellness policy required under section 9A of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1758b ); and (F) providing professional development that includes nutrition education to staff members of the local educational agency. (b) State requirements Each State educational agency receiving assistance under part A of title I of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311 et seq. ) shall submit to the Secretary of Education a periodic report regarding programs to promote healthy eating and nutrition education in the State that includes a summary of the nutrition education monitoring data collected from each local educational agency under subsection (a)(1)(B). (c) Task force The Secretary of Education, Secretary of Agriculture, and the Secretary of Health and Human Services shall establish an inter-agency task force to review nutrition education curricula and recommend effective nutrition education programs for elementary schools and secondary schools. (d) Authorization of appropriations There is authorized to be appropriated to carry out this section such sums as may be necessary for each of fiscal years 2014 through 2019.