HOUSE DOCKET, NO. 3159        FILED ON: 2/18/2021

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 564

The Commonwealth of Massachusetts

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PRESENTED BY:

Michael S. Day

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act relative to healthy school lunches.

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PETITION OF:

HOUSE DOCKET, NO. 3159        FILED ON: 2/18/2021

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 564

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Second General Court
(2021-2022)

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An Act relative to healthy school lunches.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1. Chapter 6 of the General Laws is hereby amended by inserting after section 15IIIIII,

inserted by chapter 86 of the acts of 2001, the following section:-

Section 15JJJJJJ.The governor shall annually issue a proclamation setting apart March 21 as

Massachusetts Child Nutrition Day and recommending that the day be observed in an

appropriate manner by the people.

SECTION 2. Chapter 71 is hereby amended by inserting, after section x, the following new

section:-

Section 98. (a) The purpose of this section is to ensure that the students of the Commonwealth

are appropriately nourished in order to support a healthier, livable and more equitable future

for all.

(b) For the purposes of this section, the following words shall have the following meanings:-

(i) “entrée” is defined as the meat or meat alternate category within the USDA’s Federal Nutrition Standards

(ii) “Fiber-rich” is defined as a meal item that contains at least 20% of the

minimum daily grams of fiber for youth ages 2-18 as determined by the

National Institute of Health’s Daily Reference Intakes (DRI).

(iii) “Reimbursable meal” is any meal that meets the United States Department

of Agriculture (USDA) National School Lunch Program nutritional

requirements for federal reimbursement at the annual allotted rate of any of

the following: (a) free lunch; (b) reduced-price lunch; or (c) paid lunch

(iv) “ultra-processed food” is defined as industrial formulations of food

substances never or rarely used in kitchens (such as high-fructose corn syrup,

hydrogenated or interesterified oils, and hydrolysed proteins), or classes of

additives designed to make the final product palatable, appealing, or

preservable (such as flavours, flavour enhancers, colours, emulsifiers,

emulsifying salts, sweeteners, thickeners, nitrates, nitrites, preservatives, and

anti-foaming, bulking, carbonating, foaming, gelling and glazing agents)

(c) Any food service provider selling food to Massachusetts public schools for our children

to consume shall ensure that at least 50% of the entrées sold and served for lunch

within school hours in schools, school districts, or other entities over the course of each

week are healthy foods containing whole grains, vegetables, fruits, legumes, and other

fiber-rich proteins as part of a reimbursable meal offering within the federal National

School Lunch Program.

(d) No food service provider may sell or serve in Massachusetts public schools, school

districts, or other entities more than 20% of entrée items that are ultra-processed or

have a nutritional composition that includes more than 30 milligrams of cholesterol or

more than 5% of the entrées’ total calories from saturated fat as part of a reimbursable

meal offering within the federal National School Lunch

(e) Each food service provider selling food to Massachusetts public schools for school

children to consume, shall keep itemized nutrition data that is made publicly available

on a monthly basis to demonstrate compliance with this statute.