Skip to Page Content
Home  |  Contact Us  |  Press Room  |  Site Overview  |  Help  |  Login  |  Register
Add to MyNCSL

NCSL LegisBrief

Briefing Papers On the Important Issues of the Day

Vending Machines and Competitive Foods in Schools

By L. Jeanne Kaufmann

April/May 2003
Volume 11, Number 19

 PDF Version To view PDF files, you must have Adobe Acrobat Reader installed.

With state budget cuts looming, public schools across the country are hungry for money. They can supplement their budgets by selling competitive foods and beverages from vending machines to students, faculty and staff. Profits help to fund extracurricular activities, computers, software, and academic and sports programs. Vending machines allow for food on the go and offer a quick snack. The food and beverages offered, however, are generally high in sodium, fat and sugar. Therefore, some parents and nutrition advocates are calling for better nutritional quality in the products offered. Some are even calling for a ban on the machines altogether.

The rate of obesity in school children and adolescents has increased significantly (nearly tripled) since the 1980s, according to the surgeon general. Public health advocacy groups and some state legislators believe that childhood obesity is connected to school sales of fatty foods and sugary drinks with little nutritional value, along with a lack of physical education requirements. Because children and adolescents generally eat one or two meals at school, some believe that providing healthy food at school will encourage young people to eat healthier all the time. This could help reduce obesity and create fewer health-related problems in the future. Recent studies also indicate connections between nutrition, physical activity and academic achievement. Nutrition education and more physical education in schools could also help school performance.

At issue is improving nutritional standards and restricting student access to unhealthy snack foods. One way to increase the quality is by offering more nutritious foods or at least balancing the snack foods and beverages with healthier foods in vending machines. The National Soft Drink Association agrees that "a balanced diet and daily physical activity are the keys to a healthy lifestyle." Soft drink companies can and do offer a wide range of beverages, including bottled water, juices and sports drinks. If given the choice, students may select products that are better for them.


Definition of “Competitive Foods”

The U.S. Department of Agriculture defines “competitive foods” as foods offered at school other than meals served through USDA school meal programs—school breakfast, school lunch, and after-school snack programs.


States With Some Form of Competitive Food Policy

California, Colorado, Connecticut, Florida, Georgia, Hawaii, Idaho, Illinois, Kentucky, Louisiana, Maine, Maryland, Mississippi, Nebraska, New Jersey, New York, North Carolina, Virginia and West Virginia, along with Washington, D.C., Guam, Puerto Rico and the Virgin Islands.

Source: USDA Web site, State Competitive Food Policies, Jan. 31, 2002.


State Action

In addition to nutrition education or physical education, some states and school districts govern where and when vending machine, snack bar or competitive food items may be sold on school grounds. In recent years, legislation enacted in West Virginia and California improved the nutritional standards of foods served or sold to students. Last year, many state legislatures introduced bills restricting sales or setting nutrition standards for foods and beverages offered on campus. No states have passed legislation banning vending machines altogether.

In 2002, Tennessee and Hawaii enacted legislation urging schools to offer more calcium-rich foods and beverages, and encourage calcium intake, especially in young women. Arizona, Maryland, Missouri and Oklahoma introduced bills to establish state agency or school food contract purchasing preferences of high-calcium foods and beverages. Kentucky introduced legislation to limit the sale of soda, candy and fattening foods from school vending machines. Virginia introduced legislation to prohibit the use of vending machines in schools altogether.

Several states have introduced bills regarding nutrition education in schools. California was the only state that passed legislation requiring nutrition education in the school health curricula. Colorado adopted a resolution of state support for effective school nutrition programs. Delaware adopted a resolution encouraging participation in school breakfast and lunch programs to capitalize on the link between nutrition and improved academic performance.

Several states introduced legislation addressing obesity through prevention and management, or the creation of task forces or commissioned studies. No state passed bills that dealt specifically with obesity in children or adolescents.

Federal Action

Legislation introduced by Senator Patrick Leahy in 2001 would have amended the Better Nutrition for School Children Act of 1966 by prohibiting the sale or provision of unhealthy-minimal nutritional value-snacks and sodas to students at mealtimes. U.S. Department of Agriculture (USDA) regulations address this issue; however they do not restrict the sale of common snack foods or beverages. The USDA defines foods and beverages of minimal nutritional value as those that provide less than 5 percent of the recommended daily allowance per serving of protein, Vitamin A, Vitamin C, niacin, riboflavin, thiamin, calcium and iron. The federal government requires schools to meet the Dietary Guidelines for Americans in their meals, but these standards do not apply outside the school meal-breakfast and lunch-programs, according to the National Association of School Boards and Education.

Selected References

Bogden, James F. Fit, Healthy and Ready to Learn: A School Health Policy Guide. Alexandria, Va.: National Association of State Boards of Education, March 2000.

French, Jeffrey, et al. "A Pricing Strategy to Promote Low-Fat Snack Choices through Vending Machines." American Journal of Public Health 87, no. 5, 1997.

The National Soft Drink Association. Soft Drinks, Nutrition and Health. www.nsda.org/softdrinks/CSDHealth/Index.html.

Wechsler, Howell. "Trends in Dietary Behaviors and Overweight Among Young People." Testimony before the Maryland Senate Education Committee, March 2002.

United States Department of Agriculture (USDA), Center for Nutrition Policy and Promotion www.usda.gov/cnpp/.

Contacts for More Information

L. Jeanne Kaufmann and Leslie Robbins
NCSL-Denver
(303) 364-7700 ext. 1452 and 1517
jeanne.kaufmann@ncsl.org
leslie.robbins@ncsl.org

Centers for Disease Control and Prevention
Division of Adolescent and School Health
(800) 311-3435
www.cdc.gov/nccdphp/dash/index.htm

Visitor counts for this page.

Denver Office: Tel: 303-364-7700 | Fax: 303-364-7800 | 7700 East First Place | Denver, CO 80230 | Map
Washington Office: Tel: 202-624-5400 | Fax: 202-737-1069 | 444 North Capitol Street, N.W., Suite 515 | Washington, D.C. 20001