SECTION 1.  Section 6 of Chapter 64H of the Massachusetts General Laws, as appearing in the 2008 official Edition, is hereby amended in paragraph (h) by deleting the following: “soft drinks” and further amended inserting after the second sentence the following new sentence; "Food products'' does not include candy, confectionary, or soft drinks.”

SECTION 2.  Section 2G(a) of chapter 111 of the General Laws, as so appearing, is hereby amended by deleting the following:

“The fund shall consist of revenues collected by the commonwealth including: (1) any revenue from appropriations or other monies authorized by the general court and specifically designated to be credited to the fund; (2) any fines and penalties allocated to the fund under the General Laws; (3) any funds from public and private sources such as gifts, grants and donations to further community-based prevention activities; (4) any interest earned on such revenues; and (5) any funds provided from other sources.”

and further amended by inserting in its place the following:

“The fund shall consist of revenues collected by the commonwealth including: (1) any revenue from appropriations or other monies authorized by the general court and specifically designated to be credited to the fund; (2) all monies received by the commonwealth as excises upon the sale of candy, confectionary, or soft drinks as defined by the provisions of chapter 64H; (3) any fines and penalties allocated to the fund under the General Laws; (4) any funds from public and private sources such as gifts, grants and donations to further community-based prevention activities; (5) any interest earned on such revenues; and (6) any funds provided from other sources.

SECTION 3.  Section 2G(c) of chapter 111 of the General Laws, as so appearing, is hereby amended by deleting the following:

“or (5) develop a stronger evidence-base of effective prevention programming.”

and replacing it with the following:

“(5) reimburse school districts for the costs associated with establishing physical activity within the classroom curriculum; or (6) develop a stronger evidence-base of effective prevention programming.”

SECTION 4.  Section 2G(d) of chapter 111 of the General Laws, as so appearing, is hereby amended by deleting the following:

“or (4) a regional planning agency.”

and replacing it with the following:

“(4) school districts or (5) a regional planning agency.”

SECTION 5.  Section 57 of chapter 71 of the General Laws, as so appearing, is hereby amended by inserting after the words “adult years,” in line 16, the following words:-

“and to ascertain the child’s body mass index,”

SECTION 6.  Section 57 of said chapter 71 of the General Laws, as so appearing, is hereby further amended by inserting after the third sentence the following sentence:-

“Tests ascertaining body mass index and corresponding percentile of each student shall be administered by trained school personnel or others approved by the Department for this purpose, and in accordance with guidelines of the Department in grades one, four, seven, and ten, or, in the case of ungraded classrooms, by a student’s seventh, tenth, thirteenth and sixteenth birthday.”

SECTION 7. Section 3 of Chapter 71 of the General Laws, as so appearing, is hereby amended by adding the following sentence:-

“In the event that physical education classes are not taught daily, all students shall have at least 30 minutes of physical activity daily.  Physical activity is any bodily movement produced by large muscle groups that result in an expenditure of energy, and may be performed in the classroom or during recess.”