An Act To Align Maine's School Marketing Law with Current Federal Food Standards
Maine Legislature, Session 127, LD 0985
Committee Amendment CA_A_H157 (House)
Amends: 20-A MRSA §6662

COMMITTEE AMENDMENT "Ii" to H.P. 680, L.D. 985, Bill, "An Act To Align 
Maine's School Marketing Law with Current Federal Food Standards" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 20-A MRSA §6662, sub-§2, as amended by PL 2011, c. 224, § 1, is 
repealed. 
Sec. 2. 20-A MRSA §6662, sub-§3, as enacted by PL 2007, c. 156, §l, is 
repealed. 
Sec.3. 20-A MRSA §6662, sub-§4 is enacted to read: 
4. Food and beverages sale and marketing. The department shall adopt rules that 
limit the sale and marketing of foods and beverages in school buildings and on school 
grounds to those foods and beverages that may be sold in schools under the most recent 
federal regulations adopted pursuant to Section 204 of the federal Healthy, Hunger-Free 
Kids Act of 20 1 a and 42 United States Code, Section 1758b, except that diet soda may 
not be sold or marketed in a school. 
For the purposes of this subsection, "marketing" means: 
A. Any oral, written or graphic statement or representation, including a company 
logo or trademark that is made for the purpose of promoting the use or sale of a food 
or beverage item by the producer, manufacturer, distributor or seller of a food or 
beverage item or by any other entity with a commercial interest in the food or 
beverage item; or 
B. A program that is sponsored by a person that: 
0) Provides students with free or discounted food or beverage items as a reward, 
such as for reaching specified academic goals; or 
(2) Provides funding to schools or school districts in exchange for purchases of 
food or beverage items. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" A" to H.P. 680, L.D. 985 
"Marketing" does not include advertising on broadcast media or in print media such as 
newspapers and magazines, clothing with brand images worn on school grounds or 
advertising on product packaging. 
Rules adopted pursuant to this subsection are major substantive rules as defined in Title 
5, chapter 375, subchapter 2-A. 
Sec. 4. Effective date. This Act takes effect October 1,2015.' 
SUMMARY 
This amendment replaces the bill. 
The amendment requires the Department of 
Education to adopt major substantive rules that limit the sale and marketing of foods and 
beverages in school buildings and on school grounds to those foods and beverages that 
may be sold in schools under federal regulations, with the exception of diet soda. This 
amendment sets an effective date of October 1, 2015. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 05/08115 
~c 
LD985 
LR 1514(02) 
An Act To Align Maine's School Marketing Law with Current Federal Food Standards 
Fiscal Note for Bill as Amended by Committee Amendment 'k C H -/5 7) 
Committee: Education and Cultural Affairs 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Fiscal Detail and Notes 
Additional costs to the Department of Education associated with the rulemaking process can be absorbed within 
existing budgeted resources. 
LR15l4(02) - Fiscal Note - Page 1 of 1