An Act To Increase Access to Nutritious Foods in Schools by Implementing an After-school Food Program for At-risk Students
Maine Legislature, Session 129, LD 0577
Committee: Education and Cultural Affairs
Sponsors: BRENNAN, MILLETT, CRAVEN, DOORE, FARNSWORTH, FECTEAU, HICKMAN, JORGENSEN, PERRY, TALBOT ROSS
Amends: 20-A MRSA §6602

Legislative Document
No. 577
H.P. 421
House of Representatives, February 5, 2019
An Act To Increase Access to Nutritious Foods in Schools by 
Implementing an After-school Food Program for At-risk Students
(EMERGENCY)
Reference to the Committee on Education and Cultural Affairs suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative BRENNAN of Portland.
Cosponsored by Senator MILLETT of Cumberland and
Representatives: CRAVEN of Lewiston, DOORE of Augusta, FARNSWORTH of Portland, 
FECTEAU of Biddeford, HICKMAN of Winthrop, JORGENSEN of Portland, PERRY of 
Calais, TALBOT ROSS of Portland.
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, the health, safety and future success of children are greatly influenced by 
the children's diet and nutrition beginning at a very young age; and
Whereas, many families in the State do not have the income or the means to access 
adequate nutrition and a healthy diet; and
Whereas, many children who do not receive adequate nutrition at home receive 
nutritious food at school through various school food service programs; and
Whereas, this legislation needs to take effect before the expiration of the 90-day 
period in order for schoolchildren in the State to benefit from the federal child and adult 
care food program for the 2019-2020 school year; and
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore,
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  20-A MRSA §6602, sub-§1, ¶D is enacted to read:
D.  A school administrative unit shall participate in the federal child and adult care 
food program established in 42 United States Code, Section 1766 as required under 
this paragraph.  The commissioner shall assist school administrative units subject to 
the requirements of this paragraph in developing a plan to participate in the federal 
child and adult care food program to serve at-risk students who attend after-school 
programming and in obtaining federal, state and private funds to pay for this 
program.  Beginning with the 2019-2020 school year, a school administrative unit 
with at least one public school in which at least 50% of students qualified for a free or 
reduced-price lunch during the preceding school year shall participate in the federal 
child and adult care food program in accordance with 42 United States Code, Section 
1766 during the school year, subject to the provisions of this paragraph.
Notwithstanding other provisions of this paragraph, a school administrative unit that 
is required to operate a federal child and adult care food program may choose not to 
operate such a program if it determines by a vote of the governing body of the school 
administrative unit after notice and a public hearing that operating such a program 
would be financially or logistically impracticable.
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect when approved.
SUMMARY
This bill provides for the participation in the federal child and adult care food 
program to serve at-risk students who attend after-school programming by school 
administrative units that choose to operate the program and have at least one public 
school in which at least 50% of students qualified for a free or reduced-price lunch during 
the preceding school year.