74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
Enrolled
House Bill 2650
Sponsored by Representatives BRUUN, KOTEK, Senators MORRISETTE,
VERGER; Representatives BARNHART, BOONE, CLEM, DINGFELDER,
ESQUIVEL, GREENLICK, LIM, MERKLEY, NATHANSON, NELSON,
RICHARDSON, ROSENBAUM, SHIELDS, TOMEI, WITT, Senators AVAKIAN,
BATES, CARTER, DEVLIN, MONNES ANDERSON, MORSE, NELSON, WESTLUND
CHAPTER ................
AN ACT
Relating to standards for items sold in schools; and declaring an
emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + (1) As used in this section:
(a) 'Entree' means a food that is generally regarded as being
the primary food in a meal and includes, but is not limited to,
sandwiches, burritos, pasta and pizza.
(b) 'Snack' means a food that is generally regarded as
supplementing a meal and includes, but is not limited to, chips,
crackers, onion rings, nachos, french fries, doughnuts, cookies,
pastries, cinnamon rolls and candy.
(2) Except as provided in subsection (6) of this section, all
food and beverage items sold in a public kindergarten through
grade 12 school must at a minimum meet the standards required by
this section.
(3) The following shall apply to all food sold in a school
during the times described in subsection (5)(a) of this section:
(a) A snack item may be sold only in a single-serving size and:
(A) May not have more than 35 percent of the total calories
from fat. This requirement does not apply to snack items that are
legumes, nuts, nut butters, seeds, eggs, nonfried vegetables and
cheese.
(B) May not have more than 10 percent of the total calories
from saturated fat. This requirement does not apply to snack
items that are nuts, eggs and cheese.
(C) May not contain more than 35 percent sugar by weight. This
requirement does not apply to fruit and vegetables.
(D) May not contain more than 0.5 grams of trans fat per
serving.
(E) May not contain more than 150 total calories if sold in a
school in which the highest grade level in the school is grade 5
or less.
(F) May not contain more than 180 total calories if sold in a
school in which the highest grade level in the school is grade 6,
7 or 8.
(G) May not contain more than 200 total calories if sold in a
school in which the highest grade level in the school is grade 9,
10, 11 or 12.
Enrolled House Bill 2650 (HB 2650-B) Page 1
(b) An entree item that is sold individually:
(A) May not contain more than four grams of fat per 100
calories.
(B) May not contain more than 450 total calories.
(4) The following shall apply to all beverages sold in a school
during the times described in subsection (5)(a) of this section:
(a) If the beverage is sold in a school in which the highest
grade level in the school is grade 5 or less, the beverage may be
only:
(A) Water.
(B) Fruit or vegetable juice, provided the beverage item is not
more than eight ounces, is 100 percent juice with no added
sweeteners and contains no more than 120 calories per eight
ounces.
(C) Milk or a nutritionally equivalent milk alternative,
provided the beverage item is not more than eight ounces, is fat
free or low fat and, if flavored, contains no more than 150
calories per eight ounces.
(b) If the beverage is sold in a school in which the highest
grade level in the school is grade 6, 7 or 8, the beverage may be
only:
(A) Water.
(B) Fruit or vegetable juice, provided the beverage item is not
more than 10 ounces, is 100 percent juice with no added
sweeteners and contains no more than 120 calories per eight
ounces.
(C) Milk or a nutritionally equivalent milk alternative,
provided the beverage item is not more than 10 ounces, is fat
free or low fat and, if flavored, contains no more than 150
calories per eight ounces.
(c) If the beverage is sold in a school in which the highest
grade level in the school is grade 9, 10, 11 or 12, the beverage
may be only:
(A) Water.
(B) Fruit or vegetable juice, provided the beverage item is not
more than 12 ounces, is 100 percent juice with no added
sweeteners and contains no more than 120 calories per eight
ounces.
(C) Milk or a nutritionally equivalent milk alternative,
provided the beverage item is not more than 12 ounces, is fat
free or low fat and, if flavored, contains no more than 150
calories per eight ounces.
(D) A no-calorie or low-calorie beverage if the beverage
contains no more than 10 calories per eight ounces.
(E) A beverage that is not more than 12 ounces and contains no
more than 66 calories per eight ounces.
(5)(a) The standards required by this section apply to food and
beverage items sold in a school at all times during the regular
or extended school day when the activities in the school are
primarily under the control of the school district board. This
includes, but is not limited to, the time before or after classes
are in session and the time when the school is being used for
activities such as clubs, yearbook, band or choir practice,
student government, drama rehearsals or child care programs.
(b) The standards required by this section do not apply to food
and beverage items sold in a school at times when the school is
being used for school-related events or nonschool-related events
for which parents and other adults are a significant part of an
audience or are selling food or beverage items before, during or
Enrolled House Bill 2650 (HB 2650-B) Page 2
after the event, such as a sporting event or another
interscholastic activity, a play or a band or choir concert.
(6) The standards required by this section do not apply to food
and beverage items sold in a school as part of the United States
Department of Agriculture's National School Lunch Program or
School Breakfast Program.
(7) A school district board may adopt standards that are more
restrictive than the standards specified by this section.
(8) Each school year, a school district board shall determine
whether the school district is in compliance with the standards
required by this section and report the results of that
determination to the Department of Education. The department may
monitor whether school districts are in compliance with the
standards required by this section. + }
SECTION 2. { + (1) Except as provided in subsection (2) of
this section, section 1 of this 2007 Act first applies to the
2008-2009 school year.
(2) Section 1 of this 2007 Act first applies to entree and
snack items prepared on-site and sold individually during the
2009-2010 school year. + }
SECTION 3. { + (1) Sections 1 and 2 of this 2007 Act apply to
contracts entered into or extended on or after July 1, 2008. If a
school district is operating under a contract entered into before
July 1, 2008, the school district board shall comply with the
requirements of sections 1 and 2 of this 2007 Act to the greatest
extent allowed under that contract.
(2) A school district may not enter into a contract on or after
the effective date of this 2007 Act if the contract:
(a) Does not meet the requirements of section 1 or 2 of this
2007 Act; and
(b) Is effective on or after July 1, 2008. + }
SECTION 4. { + This 2007 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2007 Act takes effect July 1,
2007. + }
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Passed by House April 3, 2007
Repassed by House May 30, 2007
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Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate May 25, 2007
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President of Senate
Enrolled House Bill 2650 (HB 2650-B) Page 3
Received by Governor:
......M.,............., 2007
Approved:
......M.,............., 2007
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Governor
Filed in Office of Secretary of State:
......M.,............., 2007
...........................................................
Secretary of State
Enrolled House Bill 2650 (HB 2650-B) Page 4