SECTION 1.  Chapter 71 of the General Laws is hereby amended by adding at the end thereof, the following two sections:

Section 90.  As used in this section and in section 91, the following words shall have the following meanings unless the context clearly requires otherwise:

“Added sweetener”, any additive that enhances the sweetness of a beverage, including but not limited to added sugar, but does not include natural sugar or sugars that are contained within the fruit juice which is a component of the beverage.

“One hundred percent juice”, is juice that contains at least 10% of the recommended daily value for three or more vitamins and minerals.

“Elementary school”, a public school that maintains any grade from pre-kindergarten to grade 6, inclusive, but no grade higher than grade 8.

“Middle school”, a public school that maintains any of grades 5 to 9, inclusive, but no grades higher than grade 9 and no grade lower than grade 5.

“High school”, a public school maintaining any of grades 9 to 12, inclusive.

“Extended school day”, shall include the regular school day and activities such as clubs, yearbook, band and choir practice, student government, drama and childcare/latchkey programs.  It shall not include school-related events such as interscholastic sporting events, school plays, and band concerts where parents and other adults constitute a significant portion of the audience or selling beverage as boosters.

Section 91.  The following applies to any beverages sold in Massachusetts public schools excluding the National School Lunch and Breakfast Programs.

(a) In elementary schools only the following beverage options shall be sold to pupils during the regular and extended school day:

         (1) Bottled water,

(2) Up to 8 ounce servings of fat free or low fat milk.  Milk includes nutritionally equivalent milk alternatives (per USDA),

(3) Up to 8 ounce servings of fat free or low fat nutritionally equivalent flavored milk up to 150 calories / 8 ounces,

(4) Up to 8 ounce servings of 100% juice, with no added sweeteners and up to 120 calories / 8 ounces.

(b) In middle schools only the following beverage options shall be sold to pupils during the regular and extended school day:

(1) Bottled water,

(2) Up to 10 ounce servings of fat free or low fat milk.  Milk includes nutritionally equivalent milk alternatives (per USDA),

(3) Up to 10 ounce servings of fat free or low fat nutritionally equivalent flavored milk up to 150 calories / 8 ounces,

(4) Up to 10 ounce servings of 100% juice, with no added sweeteners and up to 120 calories per serving,

(c) In high schools only the following beverage options shall be sold to pupils during the regular and extended school day:

(1) Bottled water,

(2) No or low calorie beverages with up to 10 calories / 8 ounces,

(3) Up to 12 ounce servings of fat free or low fat milk.  Milk includes nutritionally equivalent milk alternatives (per USDA),

(4) Up to 12 ounce servings of fat free or low fat nutritionally equivalent flavored milk up to 150 calories / 8 ounces,

(5) Up to 12 ounce servings of 100% juice with no added sweeteners and up to 120 calories / 8 ounces,

(6) Up to 12 ounce servings of other beverages with no more than 66 calories / 8 ounces,

(7) At least 50% of non-milk beverages must be water and no or low calorie options (up to 10 calories / 8 ounces).

(d) If middle school and high school students have shared access to areas on a common campus or in common buildings, then the school community has the option to adopt the high school standard.