An Act To Implement the Recommendations of the Commission To Study Public Health That Concern Schools, Children and Nutrition
Maine Legislature, Session 122, LD 0796
Committee: Education and Cultural Affairs
Sponsors: MARTIN, CRA YEN
Amends: 20-A MRSA §6209, 20-A MRSA §13803

Legislative Document 
No. 796 
S.P.263 
In Senate, February 15, 2005 
An Act To Implement the Recommendations of the Commission To 
Study Public Health That Concern Schools, Children and Nutrition 
Reference to the Committee on Education and Cultural Affairs suggested and ordered 
printed. 
Presented by Senator MARTIN of Aroostook. 
Cosponsored by Representative: CRA YEN of Lewiston. 
Printed on recycled paper 
JOY J. O'BRIEN 
Secretary of the Senate 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 20-A MRSA §6209, first 1[, as amended by PL 2001, c. 
454, §31, is further amended to read: 
The department in consultation with the state board shall 
establish and 
implement 
a 
comprehensive, 
statewide 
system of 
learning results, referred to in this section as the "system," no 
later than the 2002-03 school year. 
The system, based broadly 
upon guiding principles set forth in this section, must establish 
high academic standards at all grade levels in the areas of math; 
English; 
science 
and 
technology; 
social 
studies, 
including 
history, 
economics 
and civics; career preparation; visual and 
performing arts; health, nutrition and physical education; and 
foreign languages. 
Only students in a public school or a private 
school approved for tuition that enrolls at least 60"'0 publicly 
funded students, 
as determined by the previous school year's 
October and April average enrollment, are required to participate 
in the 
system 
of 
learning results. 
The 
commissioner 
shall 
develop 
accommodation 
provisions 
for 
instances 
where 
course 
content conflicts with 
sincerely held 
religious beliefs 
and 
practices of a student's parent or guardian. 
The system must be 
adopted to accommodate exceptional students as defined in section 
7001, subsection 2. 
Sec. 2. 20-A MRS A §6209. sub-§2, 1[D, as enac ted by PL 1995, c. 
649, §1, is amended to read: 
D. 
Health, nutrition and physical education; 
See.3. 20-A MRS A c. 223, sub-ceo 9 and 10 are enacted to read: 
SUBCHAPTER 9 
NUTRITION EDUCATION AND 
HEALTHFUL PHYSICAL ACTIVITY 
§6661. 
Nutrition education 
Public 
schools 
shall 
provide 
nutrition 
education 
for 
students, teachers and staff as part of coordinated school health 
programs < 
total school food service programs and in accordance 
with chapter 
222. 
This nutrition education must 
include 
an 
outreach component for students' parents. 
The department may 
adopt rules to implement the purposes of this section. 
Rules 
adopted pursuant to this section are routine technical rules as 
defined in Title 5, chapter 375, subchapter 2-A. 
1. Nutritional information. 
After August 
31, 
2007, 
food 
service 
programs 
must 
post nutritional 
information 
for 
menu 
items. 
The information must include age-appropriate daily values 
as established by the United States Food and Drug Administration, 
total calories, 
saturated 
and total fat 
percentages, 
sodium 
content, 
sugar 
content and total carbohydrate content. 
Food 
§ervice programs may limit nutritional information posted on menu 
boards to calories only. 
2. Food and beverages outside school lunch programs. 
After 
September 30, 
2006, 
food and beverages sold or distributed on 
school grounds but outside of school meal programs must: 
A. 
Adhere 
to healthy 
foods 
and 
beverages 
standards 
as 
adopted by the Department of Health and Human Services, 
Bureau of Health by rule; 
B. 
Adhere to single-serving standards established by the 
United States Food and Drug Administration, including the 
following maximum portion sizes: 
(1) 
For beverages other than water, 12 ounces; 
(2) 
For frozen desserts and ice creamS, 3 fluid ounces; 
(3) 
For cookies and cereal bars, 2 ounces; 
(4) 
For baked items other than cookies 
and cereal 
bars, 3 ounces; and 
(5) 
For prepackaged snacks, 1.25 ounces; 
C. 
For other than low-fat dairy, fruits, vegetables, seeds 
and 
nuts, 
contain 
no 
more 
than 
10% 
of 
calories 
from 
saturated and trans fatty acids, 30% of calories from total 
fat and 35% of weight from refined sugars; 
D. Not include carbonated soft drinks of any kind or candy; 
E. For milk, be 1% fat or less; and 
F. For juice, be 100 gb fruit juice or 100% vegetable juice. 
The department may amend the reguirements of paragraphs Band C 
as necessary by adoption of routine technical rules as defined in 
Title 5, chapter 375, subchapter 2-A. 
3. 
Food and beverages not to be used as rewards. 
A school 
board subject to this section shall prohibit the use of food and 
beverages as rewards or incentives in the school setting. 
4. Advertisin~on school grounds. 
After September 30, 2007, 
a school board subject to this section shall prohibit advertising 
on school grounds of foods and beverages other than healthy foods 
and beverages, as defined by the Department of Health and Human 
Services, Bureau of Health by rule. 
§6662. 
Body mass index assessment 
1. Assessment program: rules. An assessment program for body 
mass index must be instituted in the public schools according to 
the following provisions. 
A. 
A school board shall reguire that the height and weight 
of students in kindergarten an~ades 1, 3, 5, 7 and 9 in 
the 
public 
schools 
be 
measured 
and 
assessed. 
The 
measurements must be obtained privately and confidentially 
by trained school nurses or physical education teachers. 
The 
height 
and weight data for 
students in the 
school 
administrative unit must be submitted electronically to the 
department, disaggregated by age, gender and school. 
B. 
The department shall consult with a Department of Health 
and 
Human 
Services, 
Bureau 
of 
Health 
statistician 
or 
epidemiologist to analyze the data obtained under paragraph 
A. 
The data analysis must include assessment of the data 
for body mass index percentile and must also aggregate the 
data by grade level, 
school administrative unit and the 
State 
as 
a 
whole. 
The 
department 
shall 
report 
the 
assessment 
data, 
by 
grade 
level 
aggregates, 
to 
school 
administrative units annually and to the Legislature every 3 
years. 
2. Report to parents. 
A school shall provide the parent of 
a student who participates in an assessment under subsection 1 a 
confidential report on that student's weight, height and body 
mass index. 
The report must also include: 
an explanation that 
body mass index is only a screening tool, not an evaluative tool 
for diagnosing a person as overweight: the suggestion that the 
parent 
seek 
a 
primary 
care 
provider's 
evaluation: 
and 
the 
implications of the report for nutrition and physical activity, 
together with references to local community health programs for 
nutrition and physical activity resources. 
3. 
Funding. 
The 
State 
shall 
provide 
funding 
for 
the 
assessment program under this section to the extent that federal 
funds do not cover the costs of the program. 
This funding must 
include support to schools for measurement training for school 
nurses 
and 
physical 
education 
teachers 
and 
for 
measurement 
eguipment such as scales and stadiometers and to the department 
I 
and the Department of Health and Human Services, Bureau of Health 
for central data analysis and reporting by a 
statistician or 
epidemiologist. 
§6663. 
Healthful physical activity 
1. Healthful physical activity required. 
A school board 
shall reguire that students within a school administrative unit 
~articipate in healthful physical activity. 
A school board shall 
reguire elementary and middle school students to participate in 
minutes of physical activity per week in addition to recess 
and 
high 
school 
students 
to 
participate 
in 
minutes 
of 
physical activity per week. 
The department and the Department of 
Health and Human Services, Bqreau of Health shall collaboratively 
publish a list of free and accessible physical activity options. 
2. 
Rules. 
The department shall adopt rules to implement 
this section, including rules to encourage schools to reguire 
daily recess for all elementary and middle school students before 
lunch. 
Rules 
adopted pursuant 
to 
this 
section are 
routine 
technical rules as defined in Title 5, chapter 375, subchapter 
2-A. 
SUBCHAPTER 10 
PHYSICAL EDUCATION' CONSULTANT 
§667l. 
Physical education consultant position 
1. 
Establis~l!t. 
The 
position 
of 
physical 
education 
consultant is established within the department. 
2. 
Oualificati...QP.s. The physical education consultant must 
hold 
a 
valid 
professional 
teaching 
certificate 
with 
a 
kindergarten to grade 12 physical education endorsement in the 
State and must have a master's degree in physical education or a 
related field and experience in teaching physical education in 
kindergarten to grade 12. 
3. 
Funding. 
The 
State 
shall 
provide 
funding 
for 
the 
physical education consultant to the extent that federal funds do 
not cover the costs of the consultant. 
§6672. 
Duties 
The physical education consultant established under section 
6671 
shall 
provide 
statewide 
leadership, 
consultation 
and 
direction for physical education, physical fitness and healthful 
physical activity programs in schools. 
The physical education 
consultant shall: 
1. 
Resource expert. 
Serve as a resource expert in physical 
education, 
physical 
fitness 
and 
healthful 
physical 
activity 
~ogram areas for local, 
regional, 
state and national school 
physical education and related policy-making groups: 
2. 
Information. 
Monitor, 
interpret, 
synthesize 
and 
disseminate relevant information related to physical education, 
physical 
fitness 
and 
healthful 
physical 
activity 
trends, 
practice, 
related 
policy 
changes, 
legal 
issues 
in 
program 
implementation and professional development; 
3. 
Staff development. 
Foster 
and 
promote 
professional 
development 
for 
physical education teachers 
and 
other school 
personnel 
by 
planning 
and 
providing orientation, 
educational 
offerings and networking with universities and other providers of 
continuing education to meet identified needs; and 
4. 
Standards. 
Gather and analyze data relevant to the 
physical 
education, 
physical 
fitness 
and 
healthful 
physical 
activity programs 
and 
monitor 
standards 
to 
promote 
physical 
education 
excellence 
and 
optimal 
physical 
fitness 
of 
schoolchildren. 
Sec. 4. 20-A MRSA §13803 is enacted to read: 
§13803. 
Lunch periOds 
After 
December 31. 
2005, upon expiration of a collective 
bargaining 
agreement 
for 
a 
school 
administrative 
unit 
that 
includes teachers, any new collective bargaining agreement for 
that unit must include a provision allowing teachers and students 
no less than 20 minutes to eat lunch each school day. 
Sec. 5. 22 MRSA c. 271, sub-c. 5 is enacted to read: 
SUBCBAP'1ER 5 
NUTRITIONAL STANDARDS FOR FOODS 
AND BEVERAGES SOLD IN SCHOOLS 
§1696-J. 
Nutritional standards program 
The department shall create a nutritional standards program 
within the Bureau of Health to establish nutritional standards 
for healthy foods and beverages that may be sold in schools. 
.. 
1. 
HealtJur food and beverage standards. 
The 
Bureau of 
Health shall establish nutritional standards for healthy foods 
and beverages that may be sold in schools pursuant to Title 20-A 
section 6661, subsection 2, I?aragral?h A and subsection 4. 
The 
Bureau of Health shall consult with the school nurse consultant 
under section 1971 in establishing these nutritional standards. 
2. 
Rules. 
The Bureau of Health shall adol?t rules I?ursuant 
to 
the 
Maine 
Administrative 
Procedure 
Act 
establishing 
requirements 
for nutritional standards for healthy foods 
and 
beverages. 
Rules adol?ted by the Bureau of Health I?ursuant to 
this 
subchal?ter 
are 
major 
substantive 
rules 
under 
Title 
S, 
chal?ter 37S, subchal?ter 2-A. 
Sec. 6. Considering nutrition education during review of system of 
learning results. 
The Department of Education shall consider the 
recommendations 
of 
the 
Commission 
to 
Study 
Public 
Health, 
established in Resolve 2003, chapter 9S, related to implications 
for the system of learning results when the department reviews 
the guiding principles, the performance standards and the content 
indicators of the system of learning results during the 200S-2006 
school year in accordance with the Maine Revised Statutes, Title 
20-A, section 6209, subsection 4. 
The Department of Education's 
review 
must 
specifically include 
the 
addition of 
"nutrition 
education" within the learning results system content standards. 
Sec. 7. Dairy vending machines. 
By 
January 
31, 
2006, 
the 
Department of Education, in collaboration with the Maine Dairy 
and Nutrition Council, shall implement a pilot program to install 
dairy vending machines selling flavored or unflavored milk with 
1% or less fat in schools. 
Sec. 8. Implementation of National Farm to School Program. 
By 
January 31, 2006, the Department of Education, in collaboration 
wi th the Department of Agr icul ture, 
Food and Rural Resources, 
shall implement the National Farm to School Program, funded by 
the United States Department of Agriculture, 
as fully as is 
practical to provide locally grown fruits 
and vegetables 
in 
public schools. 
Sec. 9. Healthy foods and beverages. 
By January 31, 2006, the 
Department of Health and Human Services, Bureau of Health shall 
define 
the 
term 
"healthy foods 
and beverages" 
by rule. 
In 
developing this rule, the Bureau of Health shall consider the 
following definition: 
"Healthy 
foods 
and 
beverages" 
means 
whole grains, low-fat animal protein 
products, 
legumes, 
soy products, nuts 
fruits, 
vegetables, 
foods, 
low-fat dairy 
and seeds. 
"Heal thy 
foods and beverages" does not include any item that includes 
more than 30% of its calories from total fat or more than 
10% of its calories from saturated fat, excluding seeds and 
nuts; 
any item for which 
35% 
of its weight 
comes 
from 
refined sugars, 
excluding fruits, 
vegetables 
and low-fat 
dairy 
products; 
any 
item 
that 
contains 
more 
than 
milligrams of sodium per serving; and any meal that includes 
more than 480 milligrams of sodium per serving. 
Rules adopted pursuant to this section are major substantive 
rules as defined in the Maine Revised Statutes, Title 5, chapter 
375, subchapter 2-A. 
Sec. 10. Attorney General review. 
By January 31, 
2006, 
the 
Attorney General shall determine whether the State may legally 
restrict, on Maine television stations, advertisements for foods 
and beverages that do not fit within the definition of "healthy 
foods 
and beverages" adopted by the Department of Health and 
Human Services, Bureau of Health when those advertisements are 
directed at children 12 years of age or younger. 
If the Attorney 
General determines that these advertisements may be restricted, 
the Bureau of Health shall evaluate whether these advertisements 
should be restricted on Maine television stations and shall make 
a recommendation to the Legislature based on this evaluation. 
SUMMARY 
This bill implements the recommendations of 
to 
Study 
Public 
Health 
concerning 
schools, 
nutrition. 
The bill: 
the Commission 
children 
and 
1. Includes within the statewide system of learning results 
a nutrition component; 
2. 
Requires 
schools 
to 
students, teachers and staff 
provide 
through 
nutrition 
coordinated 
education 
for 
school health 
programs and in accordance with learning results guidelines and 
requires a parent outreach component for nutrition education; 
3. Directs school boards to require, after September 2006, 
that food and beverages sold or distributed on school grounds but 
outside of school meal 
programs, 
such as 
a 
la carte items, 
fund-raisers and vending machines, adhere to "heal thy foods and 
beverages" 
standards, 
"single-serving 
standards" 
and 
other 
health-related parameters; 
4. Requires schools, after August 2007, to post nutritional 
information 
for 
menu 
items, 
including 
age-appropriate 
daily 
values, 
total calories, 
saturated and total fat percentages, 
sodium content, sugar content and total carbohydrate content; 
5. Directs school boards, after September 2007 to prohibit 
advertising of foods and beverages other than "healthy foods and 
beverages" on school grounds; 
6. Directs the Department of Education, by January 2006, in 
collaboration with the Maine Dairy and Nutrition Council, 
to 
implement 
a 
pilot program to install dairy vending machines 
selling flavored and unflavored milk with 
1% or less fat in 
schools; 
7. Prohibits schools from using food and beverages as a 
reward or incentive for learning or behavior in a school setting; 
8. Requires that, after December 2005, at the termination of 
an 
existing contractual 
agreement 
for 
teachers 
in 
a 
school 
administrative unit, the new contractual agreement must provide 
at least 20-minute lunch periods for students and teachers; 
9. Directs the Department of Education and the Department of 
Agriculture, Food and Rural Resources to collaborate to implement 
the National Farm to School Program to provide local fruits and 
vegetables in schools; 
10. 
Requires confidential assessments of the height and 
weight of all Maine schoolchildren in kindergarten and grades 1, 
3, 5, 7 and 9 and compilation and reporting of this data. 
Each 
school also is required to provide the parents of schoolchildren 
who participate in this assessment with a confidential report on 
their child's weight, 
height and body-mass index, 
as well as 
accompanying information; 
11. Directs schools to require elementary and middle school 
students to participate in 150 minutes of physical activity per 
week outside of recess and high school students to participate in 
minutes of physical activity per week 
and establishes 
a 
physical education consultant position within the Department of 
Education; and 
12. Directs the Department of Health and Human Services, 
Bureau of Health and the Attorney General to determine by January 
31, 
2006 whether advertising of foods and beverages other than 
"heal thy foods and beverages," as defined by rule, directed at 
children 12 years of age or younger legally can be and should be 
restricted 
on 
Maine 
television 
stations. 
Additionally, 
the 
Bureau of Health is directed to make a report of its findings to 
the Legislature.