[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4870 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 4870

To provide plant-based commodities under the school lunch program under 
    the Richard B. Russell National School Lunch Act and the school 
breakfast program under the Child Nutrition Act of 1966, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 17, 2010

  Mr. Polis of Colorado (for himself, Mr. Andrews, Ms. Eddie Bernice 
   Johnson of Texas, Mr. Carnahan, Mrs. Christensen, Ms. Clarke, Mr. 
    Cleaver, Mr. Conyers, Mr. Cummings, Mr. Davis of Illinois, Mr. 
 Delahunt, Mr. Ellison, Mr. Filner, Ms. Fudge, Mr. Al Green of Texas, 
  Mr. Grijalva, Mr. Hastings of Florida, Mr. Hinchey, Ms. Hirono, Ms. 
     Jackson Lee of Texas, Ms. Kilpatrick of Michigan, Ms. Lee of 
 California, Mr. Meeks of New York, Mr. Moran of Virginia, Ms. Norton, 
   Mr. Payne, Ms. Richardson, Mr. Rothman of New Jersey, Ms. Roybal-
Allard, Ms. Linda T. Sanchez of California, Ms. Schakowsky, Mr. Sires, 
  Mr. Thompson of Mississippi, Mr. Towns, Ms. Wasserman Schultz, Ms. 
  Watson, and Mr. Kucinich) introduced the following bill; which was 
            referred to the Committee on Education and Labor

_______________________________________________________________________

                                 A BILL


 
To provide plant-based commodities under the school lunch program under 
    the Richard B. Russell National School Lunch Act and the school 
breakfast program under the Child Nutrition Act of 1966, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Healthy School Meals Act of 2010''.

SEC. 2. FINDINGS AND PURPOSE.

     (a) Findings.--Congress finds the following:
            (1) National Health and Nutrition Examination Surveys 
        (1976-1980 and 2003-2006) conducted for the Centers for Disease 
        Control and Prevention show that obesity prevalence increased 
        from 5.0 percent to 12.4 percent in children aged 2 to 5 years, 
        from 6.5 percent to 17.0 percent in those aged 6-11 years and 
        from 5.0 percent to 17.6 percent in those aged 12 to 19 years.
            (2) A 2007 Department of Agriculture School Nutrition 
        Dietary study found that an estimated 70 percent of schools 
        serve meals that exceed recommended levels of saturated fat, 
        which is linked to heart disease and other obesity-related 
        chronic diseases, such as diabetes and some cancers.
            (3) The Centers for Disease Control and Prevention predicts 
        one in three children born in the year 2000 will develop 
        diabetes in his or her life.
            (4) A Yale University study of overweight and obese 
        children found higher than normal blood sugar. Twenty-five 
        percent of children age 4 to 10 had impaired glucose tolerance, 
        suggesting diabetes may soon occur.
            (5) Healthy school meals are essential for protecting 
        children from weight problems and other diet-related 
        conditions; meals too high in fat and calories are found to 
        contribute to weight and health problems.
            (6) The Department of Agriculture's National Nutrient 
        Database lists vegetables, fruits, whole grains, and legumes as 
        being extremely low in saturated fat and containing no 
        cholesterol.
            (7) The American Medical Association and the American 
        Public Health Association have passed resolutions calling for 
        plant-based foods including vegetables, fruits, legumes, 
        grains, and healthful dairy alternative beverages to be 
        included in school meals.
            (8) A rapidly increasing number of families in the United 
        States opt for plant-based meals for health, ethical, or 
        religious reasons.
            (9) The July 2009 Journal of the American Dietetic 
        Association published an official position paper of the 
        American Dietetic Association which concluded that plant-based 
        diets are nutritionally adequate for everyone, including 
        children, and provide health benefits when compared to other 
        eating patterns.
            (10) Studies have shown that the bioavailability of calcium 
        from soymilk fortified with calcium carbonate is equivalent to 
        cow's milk.
            (11) The Department of Agriculture includes fruits, 
        vegetables, whole grains, and legumes in its commodities 
        program, but these essential ingredients to healthy meals are 
        often underutilized or unavailable to many schools.
            (12) Access to healthful plant-based school lunch options 
        is essential to improving the health of America's children.
    (b) Purpose.--The purpose of this Act is to improve the health of 
America's schoolchildren by raising the nutritional quality of food 
through the promotion of plant-based meals and healthful dairy 
alternative beverages in schools.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Plant-based alternate protein product.--The term 
        ``plant-based alternate protein product'' means an alternate 
        protein product that--
                    (A) meets the nutritional requirements described in 
                appendix A to part 210 of title 7 of the Code of 
                Federal Regulations (as in effect on the date of the 
                enactment of this Act); and
                    (B) contains no animal-based foods, products, or 
                byproducts.
            (2) Plant-based meat alternate.--The term ``plant-based 
        meat alternate'' means a meat alternate that--
                    (A) meets the nutritional requirements described in 
                paragraph (k)(1) of part 210.10 of title 7 of the Code 
                of Federal Regulations (as in effect on the date of the 
                enactment of this Act); and
                    (B) contains no animal-based foods, products, or 
                byproducts.
            (3) Plant-based entree.--The term ``plant-based entree'' 
        means a combination of foods or a single food item offered as a 
        main course that--
                    (A) meets the nutritional requirements described in 
                part 210.10 of title 7 of the Code of Federal 
                Regulations (as in effect on the date of the enactment 
                of this Act) as a meat alternate for food-based menu 
                planning or protein requirement for nutrient-based menu 
                planning for lunches that are reimbursable under the 
                Richard B. Russell National School Lunch Act (20 U.S.C. 
                1751 et seq.); and
                    (B) contains no animal-based foods, products, or 
                byproducts.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture.
            (5) Substitute for fluid milk.--The term ``substitute for 
        fluid milk'' means a nondairy fluid milk that is nutritionally 
        equivalent to fluid dairy milk and meets the nutritional 
        standards established by the Secretary, which shall include 
        fortification of calcium, 6 or more grams of protein per 8-
        ounce serving, vitamin A, vitamin D, magnesium, phosphorus, 
        potassium, riboflavin, and vitamin B12 to levels found in fluid 
        dairy milk.

SEC. 4. HEALTHY SCHOOL MEALS PILOT PROGRAM.

    (a) In General.--Not later than 6 months after the date of the 
enactment of this Act, the Secretary shall select school food 
authorities to participate in a pilot program that evaluates the use of 
plant-based alternate protein products and substitute for fluid milk 
products under the school meal programs under the Richard B. Russell 
National School Lunch Act (42 U.S.C. 1751 et seq.) and section 4 of the 
Child Nutrition Act of 1966 (42 U.S.C. 1773).
    (b) Selection and Program Requirements.--
            (1) Selection requirements.--The Secretary shall select 
        school food authorities to participate in the pilot program 
        under this section that are nationally representative of school 
        food authorities in terms of size, geographic location, and 
        socioeconomic levels of students served.
            (2) Program requirements.--In addition to the commodities 
        delivered under section 6(b) of the Richard B. Russell National 
        School Lunch Act (42 U.S.C. 1755(b)), the Secretary shall 
        deliver to the school food authorities selected to participate 
        in the pilot program under this section, at no cost to the 
        school food authorities, plant-based alternate protein products 
        and substitute for fluid milk products for schools under the 
        jurisdiction of such school food authorities for the 
        preparation of daily meals under--
                    (A) the school lunch program under the Richard B. 
                Russell National School Lunch Act (42 U.S.C. 1751 et 
                seq.); and
                    (B) the school breakfast program under section 4 of 
                the Child Nutrition Act of 1966 (42 U.S.C. 1773).
    (c) Evaluation.--Not later than 24 months after the date of the 
enactment of this Act the Secretary shall evaluate the pilot program 
conducted under this section to assess--
            (1) which plant-based alternate protein products and 
        substitute for fluid milk products are superior with regard 
        to--
                    (A) cost-effectiveness;
                    (B) marketability to school food authorities;
                    (C) ease of preparation and use; and
                    (D) acceptance by children participating in the 
                school meal programs under the Richard B. Russell 
                National School Lunch Act (42 U.S.C. 1751 et seq.) and 
                section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 
                1773).
            (2) any other factors and outcomes associated with 
        increasing the availability of plant-based alternate protein 
        products and substitute for fluid milk products in schools, as 
        determined by the Secretary.
    (d) Funds.--Not later than October 15, 2011, out of the funds in 
the Treasury not otherwise appropriated, the Secretary of Treasury 
shall transfer to the Secretary of Agriculture $4,000,000 to carry out 
this section. The Secretary of Agriculture shall be entitled to receive 
the funds and shall accept the funds, without further appropriation.

SEC. 5. PURCHASE OF PLANT-BASED COMMODITIES.

    (a) Purchase of Plant-Based Commodities.--Not later than 24 months 
after the date of the enactment of this Act, in addition to the 
commodities delivered under section 6(b) of the Richard B. Russell 
National School Lunch Act (42 U.S.C. 1755(b)), the Secretary shall 
deliver plant-based alternate protein products and substitute for fluid 
milk products that are determined to be superior according to the 
findings of the evaluation conducted under section 4(c) for use in--
            (1) the school lunch program under the Richard B. Russell 
        National School Lunch Act (42 U.S.C. 1751 et seq.); and
            (2) the school breakfast program under section 4 of the 
        Child Nutrition Act of 1966 (42 U.S.C. 1773).
    (b) Training.--The Secretary shall provide training materials to 
schools and school food authorities on the nutritional benefits and 
preparation of plant-based meat alternates and alternate protein 
product commodities for schoolchildren.

SEC. 6. COMMODITY ASSISTANCE FOR PLANT-BASED OPTIONS.

    (a) Rules.--Not later than 24 months after the date of the 
enactment of this Act, the Secretary shall promulgate rules that--
            (1) based on the most recent Dietary Guidelines published 
        under section 301 of the National Nutrition Monitoring and 
        Related Research Act of 1990 (7 U.S.C. 5341), reflect specific 
        recommendations, expressed in serving recommendations, for 
        increased consumption of plant-based foods, including plant-
        based meat alternates and plant-based entrees, in school 
        nutrition programs under the Richard B. Russell National School 
        Lunch Act (42 U.S.C. 1751 et seq.) and the Child Nutrition Act 
        of 1966 (42 U.S.C. 1771 et seq.); and
            (2) provide for the distribution--
                    (A) to any school food authority in which at least 
                two-thirds of the students served by the authority are 
                offered a plant-based entree as a menu item on each 
                daily school lunch menu, supplemental commodity 
                assistance or cash in lieu thereof under section 14 of 
                the Richard B. Russell National School Lunch Act 42 
                U.S.C. 1762a) that--
                            (i) is not less than 25 percent of the 
                        total commodity assistance or cash in lieu 
                        thereof provided to the school food authority 
                        during the preceding school year; and
                            (ii) shall be used by the authority to 
                        purchase entirely plant-based commodity food 
                        products or substitute for fluid milk products;
                    (B) to each State educational agency in which a 
                school food authority receives supplemental commodity 
                assistance or cash in lieu thereof pursuant to 
                paragraph (1), not more than 5 percent of such 
                assistance or cash; and
                    (C) of increased levels of supplemental commodity 
                assistance or cash in lieu thereof to school food 
                authorities pursuant to paragraph (1) as school food 
                authorities increase the number of students who are 
                offered a plant-based entree as a menu item on each 
                daily school lunch menu.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out this section.

SEC. 7. SUBSTITUTE FOR FLUID MILK.

    (a) Amendments.--Section 9(a)(2) of the Richard B. Russell National 
School Lunch Act (42 U.S.C. 1958(a)(2)(A)) is amended to read as 
follows:
            ``(2) Fluid milk.--
                    ``(A) In general.--Lunches served by schools 
                participating in the school lunch program under this 
                Act--
                            ``(i) shall offer students fluid milk in a 
                        variety of fat contents; and
                            ``(ii) may offer students flavored and 
                        unflavored fluid milk, lactose-free fluid milk, 
                        and a nondairy substitute for fluid milk.
                    ``(B) Substitutes.--
                            ``(i) Standards for substitution.--A school 
                        shall substitute for the fluid milk provided 
                        under subparagraph (A)(i), a nondairy beverage 
                        that is nutritionally equivalent to fluid milk 
                        and meets nutritional standards established by 
                        the Secretary (which shall, among other 
                        requirements to be determined by the Secretary, 
                        include fortification of calcium, vitamin A, 
                        vitamin D, magnesium, phosphorus, potassium, 
                        riboflavin, and vitamin B12 to levels found in 
                        fluid dairy milk, and not less than 6 grams of 
                        protein per 8-ounce serving) for students who 
                        cannot consume fluid milk because of a 
                        disability or medical or other special dietary 
                        need.
                            ``(ii) Excess expenses borne by school food 
                        authority.--Expenses incurred in providing 
                        substitutions under this subparagraph that are 
                        in excess of expenses covered by reimbursements 
                        under this chapter shall be paid by the school 
                        food authority.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect not later than 24 months after the date of the enactment of 
this Act.
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