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Childhood Obesity 2006 Policy Options Nutrition

Childhood Obesity | 2006 Update and Overview of Policy Options

Updated April 30, 2007

Obesity rates continue to rise in the United States and childhood obesity remains a pressing public health concern. Currently, 66 million Americans are overweight or obese. Over the past three decades, obesity rates have nearly tripled for children ages 2 to 5 (from 5 percent to 14 percent), more than tripled for youth ages 12 to 19 (from 5 percent to 17 percent), and more than quadrupled for children ages 6 to 11 (from 4 percent to 19 percent). Currently, 17.1 percent of children and adolescents ages 6 to 19 are overweight (9 million children), and almost 30 percent do not exercise three or more days per week.    

Being overweight puts children and teenagers at greater risk for developing type 2 diabetes, risk factors for heart disease at an earlier age, and other health conditions including asthma, sleep apnea, and psychosocial effects such as decreased self-esteem. In one large study, 61 percent of overweight 5- to 10-year-olds already had at least one risk factor for heart disease, and 26 percent had two or more risk factors for the disease. There is a 70 percent chance that an overweight adolescent will be overweight or obese as an adult. By adulthood, obesity-associated chronic diseases – heart disease, some cancers, stroke, diabetes – are the first, second, third, and sixth leading U.S. causes of death.

Moreover, obesity is costly.  Annual obesity-attributable U.S. medical expenses were estimated at $75 billion for 2003. Taxpayers fund about half of this through Medicare and Medicaid.  Fortunately, healthy eating and a physically active lifestyle can help children and adults achieve and maintain a healthy weight and reduce obesity-related chronic diseases.

In 2006, legislatures continued to be active in considering policy options to address the obesity epidemic. Aiming to start early to prevent the onset of chronic conditions, legislators considered a variety of policy approaches to facilitate opportunities for a healthier diet and more exercise beginning in childhood.


This chart provides an overview of the more prevalent legislative approaches considered or enacted in 2006.  Information on a variety of other policy approaches considered in 2006 follows below the 50-state chart.

State Legislation on Childhood Obesity Policy Options 2006 Summary of 2006 School Nutrition Legislation Additional Childhood Obesity Policy Legislation for 2006 Body Mass Index (BMI) Legislation
Diabetes Screening and Management Insurance Coverage for Obesity Prevention and Treatment Trans Fat in School Foods and Other Nutrition Content Information Nutrition Education
Physical Activity or Physical Education in Schools School Wellness Policies Task Forces, Commissions, or Studies  Raising Awareness
Taxes on Foods and Beverages with Minimal Nutritional Value Other links for NCSL resources on legislative and policy options to address obesity      

 

 

State Legislation on Childhood Obesity Policy Options 2006

State

Nutrition Standards for Schools

 

Nutrition Education

Body Mass Index (BMI)

Physical Activity, Recess, or Physical Education 

Trans Fat in School Foods and Other Nutrition Content Information 

Alabama

 

Considered

 

Considered

 

Alaska

Considered

 

 

 

Considered

Arizona

 

 

 

Considered

 

Arkansas

 

 

Enacted modification

 

 

California

Enacted

 

 

Enacted

Considered

Colorado

Enacted

 

 

Vetoed

 

Connecticut

Enacted

 

 

Enacted

 

Delaware

 

 

Enacted pilot

Enacted

 

Florida

 

 

 

Enacted

 

Georgia

 

 

 

Considered

 

Hawaii

Considered

Considered

 

Considered

 

Idaho

 

 

 

 

 

Illinois

Enacted

 

 

 

 

Indiana

Enacted

 

 

Enacted

Enacted

Iowa

Considered

 

Enacted pilot

Considered

 

Kansas

Enacted

 

 

Enacted

Considered

Kentucky

Enacted

 

 

Considered

 

Louisiana

Enacted

 

 

 

 

Maine

Enacted

 

 

 

 

Maryland

Enacted

 

Considered

 

 

Massachusetts

Considered

 

Considered

Considered

Considered

Michigan

 

 

 

 

 

Minnesota

 

 

 

Considered

 

Mississippi

Considered

 

 

Considered

 

Missouri

Considered

 

 

 

 

Montana

Considered

 

 

 

 

Nebraska

Considered

 

 

 

 

Nevada

 

 

 

 

 

New Hampshire

Considered

Considered

 

Considered

Considered

New Jersey

Considered in Legislature

Implemented by Agriculture Department

 

Considered

 

Enacted

New Mexico

Enacted

 

 

 

 

New York

Considered

 

Considered

Considered

Considered

North Carolina

Enacted

 

 

 

Considered

North Dakota

Considered

 

 

 

 

Ohio

Considered

 

 

 

 

Oklahoma

Enacted

 

 

Enacted

 

Oregon

Considered

 

 

 

 

Pennsylvania

Considered

Enacted

 

Enacted

 

Rhode Island

Enacted

 

 

Considered

 

South Carolina

Enacted

 

 

 

 

South Dakota

 

 

 

 

 

Tennessee

Considered

 

 

Enacted

 

Texas

Legislation Enacted

Standards also implemented by Agriculture Department

 

  

 

 

Utah

Sent to Lt. Governor

 

 

 

 

Vermont

Considered

Enacted

 

 

 

Virginia

Considered

 

 

Considered

 

Washington

 

 

 

 

 

West Virginia

Enacted

 

Enacted modification

Enacted

 

Wisconsin

 

 

 

Considered

 

Wyoming

 

 

 

Considered

 

 Data Source: National Conference of State Legislatures  

School Nutrition Legislation

At least 23 states considered school nutrition legislation in 2006, including Alaska, California, Colorado, Connecticut, Florida, Hawaii, Idaho, Indiana, Kansas, Kentucky, Maryland, Massachusetts, Mississippi, Missouri, New Jersey, New York, Pennsylvania, Rhode Island, South Carolina, Tennessee, Vermont, Virginia, West Virginia and Wisconsin.  Of those states, at least 11 enacted new or additional policies designed to help ensure that students have access to healthier food and beverage options at school.  Enacting states were California, Colorado, Connecticut, Indiana, Iowa, Mississippi, New Jersey, Oklahoma, Pennsylvania, Rhode Island and Vermont.

Summaries of 2006 School Nutrition Legislation That Passed Both Chambers of Legislature:

California
CA AB 469 (2005-2006, vetoed by governor 9/29/06) - Would have required the Department of Education to develop and maintain nutrition guidelines for all food and beverages served, as well as sold, on public school campuses. Would have added sugar and sodium to ingredients covered by school nutrition guidelines.

CA AB 569 (2005-2006, enacted, Chapter 702) - Requires each school site meeting the federal severe need qualification reimbursement to offer breakfast beginning with the 2007-2008 school year. Authorizes waivers under specified conditions. Requires priority funding for schools offering the federal breakfast program for the first time. (As introduced, would have required nutrition content labeling on all food items sold in schools.)

CA SB 1674 (2005-2006, vetoed by governor 9/29/06) - Would have provided an increased reimbursement rate for free and reduced-price school meals and full price schools meals only for those schools that followed specified state and federal nutrition guidelines and certain meal pattern and menu planning requirements. Would have made the increased reimbursement rates available immediately by removing provisions relating to funds being available contingent upon a specified appropriation date.  As of July 2007, would have prohibited schools from serving deep fried items.

Colorado
CO HB 1056 (2006, vetoed by governor) - Would have encouraged healthy nutrition alternatives in public schools by requiring each school district board of education to adopt a policy providing that at least 50% of all items offered in vending machines located in public schools meet acceptable nutritional standards.

CO SB 127 (2006, enacted, Session Law Chapter 242) - Creates a program to make free fruits and vegetables available to students in public schools; requires that a certain percentage of the public schools participating in the program are schools that are eligible for free or reduced-cost lunch under the National School Lunch Act; sets application requirements for schools that wish to participate in the program.

Connecticut
CT SB 373 (2006, enacted, Public Act 06-63) -  Effective July 1, 2006, this act  (1) restricts the types of beverages that may be sold to students in schools; (2) requires the State Department of Education (SDE) to set nutritional standards for food sold to students in schools; and (3) provides a financial incentive for school boards, charter and other schools to certify that their schools meet the SDE standards. Supersedes a requirement that school boards provide nutritious and low-fat drink options whenever drinks are available for purchase by students. Extends the requirement that school boards provide nutritious and low-fat food options to the governing authorities of state charter schools, interdistrict magnet schools, and endowed academies.

Indiana
IN SB 111 (2006, enacted, Public Law 54-2006) - Covers both student nutrition and physical activity. Requires the department of education to provide information concerning health, nutrition, and physical activity.    Requires that at least 50 percent of food items sold in schools to qualify as "better food choices" and, among other definitions, specifies that better food choices are those in which (A) Not more than 30 percent of their total calories are from fat. (B) Not more than 10 percent of their total calories are from saturated and trans fat. (C) Not more than 35 percent of their weight is from sugars that do not occur naturally in fruits, vegetables, or dairy products.  Provides that the requirements do not apply after school hours or to fundraisers. Lowers the percentage in the definition of "qualifying school building" from 25 to 15 percent beginning July 1, 2007 for purposes of the school breakfast and lunch programs. Requires school boards to establish a coordinated school health advisory council to develop a local wellness policy that complies with certain federal requirements. Requires daily physical activity for elementary school students in public schools, with certain exceptions. Allows a school to continue a vending machine contract in existence before the passage of this bill.

Iowa
IA SB 2124 (2006, enacted, Section 135.27) - Establishes a nutrition and physical activity community obesity prevention grant program.

Mississippi
MS HB 319 (2006, enacted, Chapter 401) - Recognizes the problem of childhood obesity and student physical inactivity in Mississippi. Directs local school boards to establish local school health councils for each school by November 1. 2006.  Provides that the council's duties may include developing coordinated school health programs including health education, physical education, nutritional services, parental involvement, alcohol and tobacco use prevention education, health services, healthy environment, counseling and psychological services; and providing guidance on the development and implementation of a local school wellness plan that each local school board is required to adopt by the beginning of the 2006-2007 school year in conformity with federal law.

New Jersey
NJ AB 370 (2006, enacted, Chapter 14, Public Laws 2006)
- Permits boards of education to establish prepaid school lunch programs so that parents can prepay for more nutritious lunches served in school cafeterias rather than give lunch money to their children and then learn it was used to purchase unhealthy foods in vending machines.

NJ SB 1218, AB 883 - identical (2006-2007, enacted, Public Law 2007, Chapter 45) - Establishes certain nutritional restrictions on food and beverages served, sold or given away to pupils in public and certain nonpublic schools. Prohibits serving, selling or giving away as a free promotion anywhere on school property at any time before the end of the school day, or in the reimbursable After School Snack Program: (1) Foods of minimal nutritional value, as defined by the United States Department of Agriculture; (2) All food and beverage items listing sugar, in any form, as the first ingredient; and (3) All forms of candy as defined by the New Jersey Department of Agriculture. Directs schools to reduce the purchase of any products containing trans fats beginning September 1, 2007.

Oklahoma
OK HB 2655 (2006, enacted, OS 2-1960.1-60.6)
- Creates the Oklahoma Farm to School Programs to link schools and Oklahoma farms in order to provide schools with fresh and minimally processed farm commodities for inclusion in school meals and snacks, to help children develop healthy eating habits, and to improve Oklahoma farmers’ incomes and direct access to markets.

OK SB 1459 (2006, enacted, OS 70-24-100b) - Directs the state's department of education to provide technical assistance and information to schools for use in establishing healthy school nutrition environments; reducing childhood obesity; developing quality physical education and activity programs; and establishing, implementing and evaluating school wellness policies.  Encourages Oklahoma's Healthy and Fit Schools Advisory Committees to utilize the Centers for Disease Control and Prevention's School Health Index and Oklahoma Healthy and Fit Schools Scorecard as program assessment and monitoring instruments.

Pennsylvania
PA HB 185 (2006, enacted, Act 114) - Provides for competitive food or beverage contracts and for nutritional guidelines for food and beverage sales in schools. Provides for certain health services and for advisory health councils. Provides for local wellness policies and directs the department of education to establish a clearinghouse of wellness policies and information, for an interagency coordinating council for child health and nutrition, for other duties of the department of education and for physical education. Provides for physiology and hygiene.

Rhode Island
RI HB 6968 (2006, enacted, Chapter 231) -  Places guidelines on the sale of sweetened beverages in schools and promotes nutritional, healthy choices for snacks sold in elementary, middle and junior high schools.

RI SB 2696 (2006, enacted, Chapter 234) - Prohibits the sale and distribution of certain beverages and food items at all elementary, middle, junior, and senior high schools beginning January 1, 2007, and requires the sale and distribution of healthy beverages and snacks.

South Carolina
SC HJR 5023 (2006, proposed) - Would have given legislative approval to regulations of the Board of Education relating to nutrition standards for elementary school food service meals and competitive foods.

Vermont
VT HB 456 (2006, enacted, Act 145) - Directs the commissioner of education to award small grants to schools that use Vermont products in their food services programs and provide nutrition education for students; and directs the commissioner of education to report to the general assembly regarding school district adoption of nutrition policies.

Other school nutrition policy actions in 2006 included:

  • School Wellness Policies - Beginning with the 2006-2007 school year, federal law requires all schools participating in federal school meals programs--nearly every school district in the country--to develop a local school wellness policy.  Policies must include nutrition guidelines for all foods available on school campuses during the school day, with the goal of promoting student health and reducing childhood obesity. (The federal law is the Child Nutrition and WIC Reauthorization Act of 2004, Public Law 108 - 265.)  See below for a summary of state legislation on school wellness policies.
  • Beverage and Food Industry Agreements - Beverage industry representatives and the Alliance for a Healthier Generation (a partnership of the American Heart Association and the William J. Clinton Foundation) reached an agreement for voluntary guidelines to shift to lower-calorie, more nutritious beverages for children's consumption during the regular and extended school day.  Advocates have raised concerns that the guidelines have no enforcement mechanism and continue to permit sports drinks or fruit drinks with a high sugar content. The industry is striving to fully implement the guidelines on a voluntary basis by the 2009-2010 school year.  A separate voluntary agreement between the Alliance and five (of approximately 75) snack food manufacturers provides guidelines for school foods designed to encourage more nutritious snacks, foods, fat-free and low-fat dairy products and to place limits on calories, fat, saturated fat, trans fat, sugar and sodium in school foods.
  • Regulatory Action - New Jersey implemented school nutrition standards through its department of agriculture under the governor’s direction in 2005, effective for the 2007-2008 school year.  In January 2007, the legislature codified the nutrition standards into law, effective September 1, 2007.

In Texas, a public school nutrition policy became effective August 1, 2004 under the auspices of the state’s agriculture commissioner, who was authorized by the governor to administer the state’s National School Lunch Program, School Breakfast Program, and After School Snack Program. 

Additional Childhood Obesity Policy Legislation for 2006

As detailed below, states have considered or enacted additional policy approaches to address childhood obesity such as nutrition education or wellness initiatives in schools, body mass index measurement and reporting the information confidentially to parents, providing opportunities for physical activity during the school day, providing information on the nutrition content of school foods, or taxing snack foods with minimal nutritional value.  

The listing of bills below may not be comprehensive, but provides an overview of other policy approaches considered during the 2006 legislative session.  Bill numbers are included, allowing for retrieval of the full bills for further information.

The proposed legislation has not become law, unless otherwise noted.  This document is not intended as an endorsement or recommendation of any specific legislation.  If you have questions, find errors or omissions; please contact the author as listed below.

Body Mass Index (BMI) Legislation and Student Fitness Screening 

In 2006, two additional states, Delaware and South Carolina, added student fitness screening requirements, both as part of more comprehensive physical education and fitness bills.  As of March 2007, states that currently have some type of student BMI reporting requirements in effect are Arkansas, California, Delaware (piloting BMI as part of student fitness testing), Florida, Iowa (pilot program to track student height and weight), Missouri, Pennsylvania, South Carolina (phasing in student fitness testing), Tennessee and West Virginia.  Some of these state requirements are aggregate BMI data reporting requirements, rather than requirements for individual BMI reports to parents. The Arkansas, California, Delaware, Missouri, South Carolina, Tennessee and West Virginia requirements were enacted legislatively. In Pennsylvania and Florida, state health departments require measuring BMI as part of annual student growth screenings. In Arkansas, the first state to enact BMI legislation in Act 1220 of 2003, legislation was introduced in 2005 and 2007 to repeal the state’s BMI reporting requirement and, in 2007, legislation was enacted to change the frequency of BMI screening from annual to every other year and giving parents discretion to submit a written refusal to the school for their children to participate in BMI screening. California enacted legislation in 2003 (AB 766, Cal. Ed. Code §49452.6) that requires non-invasive screening of 7th grade (female) and 8th grade (male) students for type 2 diabetes risk including measurement of body mass index as one of four diabetes risk factors and this pilot program has been renewed to 2008.

Existing BMI requirements as of March 2007 - The following states currently have some type of student BMI reporting or fitness screening in effect:

Arkansas - AR HB 1173 (2007, enacted) - Changes student BMI screenings to every other year, beginning in kindergarten and then in even numbered grades. Permits any parent to refuse to have their child's body mass index percentile for age assessed and reported, by providing a written refusal to the school.  Exempts students in grades 11 and 12 from BMI requirements. (Arkansas Act 1220 of 2003 required annual body mass index (BMI) screenings for all public school students, with the results reported to parents confidentially by letter via U.S. mail, as part of a more comprehensive approach that halted the increase of childhood obesity in the state.)   

California- Individual student BMI is reported to parents via confidential letter as part of a non-invasive diabetes screening pilot program for 7th and 8th graders. California Education Code § 49452.6

Delaware - DE HB 372 (2006, enacted, Volume Chapter 75:409) - The state is piloting a new law that requires physical fitness testing for students and includes measuring BMI as part of the testing in some local school districts.  The law requires the Department of Education to develop a regulation requiring each local school district and charter school to assess the physical fitness of each student at least once at the elementary, middle and high school level and outlining the grades at which the assessment will be given.  The assessment results are to be provided to the parent, guardian or relative caregiver.  The intent is to provide baseline and periodic updates for each student and his or her parent, guardian or relative caregiver sharing in the knowledge of obesity and other chronic illnesses.

Florida - Florida Statute § 381.0056(5) requires school health services programs administered jointly by the Department of Health and the Department of Education to administer growth and development screening for students.  BMI is encouraged as part of these screenings for all students in 1st, 3rd, 6th and, optionally, 9th grades.

Iowa
IA
SB 2124 (2006, enacted, Chapter 135, §135.27) - Establishes a nutrition and physical activity community obesity prevention grant program, contingent upon the receipt of public health funding.  Funding has been allocated as of July 2006.  Pilot program activities in six locations selected to receive grants must include measurement, reporting, and tracking of the height and weight of students in elementary schools.

Missouri - The state's legislatively established Model School Wellness Program, funded by Child Nutrition and WIC Reauthorization federal grant money, created pilot programs in school districts encouraging students to avoid tobacco use, balance their diets, get regular exercise, and become familiar with chronic conditions resulting from being overweight. A required evaluation after the 2005-2006 school year was to include aggregate data on changes in body mass index and measurement of changing behaviors related to nutrition, physical activity and tobacco use.

Pennsylvania - The state's health department requires school nurses to compute body mass index - height-to-weight ratio - for students in grades one through eight during annual growth screenings. BMI measurement will be required for students in all grades the 2007-2008 school year. Parents receive letters about the BMI results that encourage them to share the information with their family physician.

South Carolina - SC HB 3499 (2005, enacted) - South Carolina's legislature passed the Student Health and Fitness Act in the spring of 2005.  Among other provisions related to student health, nutrition, physical education and fitness, the law requires all K-12 schools in the state to participate in the South Carolina Physical Education Assessment and requires that fitness reports be sent home to parents in the 5th and 8th grades and high school.  Body mass index screening is not specifically mentioned in the legislation.

Tennessee - The state requires reporting student BMI to parents as part of a confidential health report card and providing parents with basic information about what BMI means and what they can do with this information. TN HB 445 enacted 2005, now Public Chapter 194.

West Virginia -  WV SB 785 (2006, enacted, Chapter 73) - Changes the state's current BMI measurement policy by requiring that only a scientifically valid sample of students be assessed. Student confidentiality is protected and all body mass index data is reported in aggregate to the governor, the State Board of Education, the Healthy Lifestyles Coalition and the Legislative Oversight Commission on Health and Human Resource Accountability. 

Proposed BMI requirements - In 2006, at least six additional state legislatures considered, but did not enact, student body mass index reporting requirements: Maryland, Massachusetts, New Jersey, New York, Oklahoma and Virginia. In 2005, 13 state legislatures considered student body mass index legislation, and two of those states (West Virginia and Tennessee) enacted BMI legislation.  The 11 states that considered, but did not enact, BMI legislation in 2005 were: Alaska, Connecticut, Georgia, Iowa, Maine, New Jersey, New York, North Carolina, Oregon, South Carolina, and Texas.


 

Diabetes Screening and Management at School

Legislation to require non-invasive screening, risk analysis or testing of school children for diabetes was enacted in 2003 in California and Illinois.  California enacted legislation to encourage additional diabetes awareness raising in 2005 and Hawaii’s legislature passed and transmitted to the governor legislation permitting medication administration by, and liability protections for, school personnel responding to diabetic students. Massachusetts, Missouri, New Jersey and Pennsylvania considered, and Texas enacted, legislation in 2005 to facilitate the prevention, diagnosis or treatment of type 2 diabetes in school children.  Illinois passed legislation in 2005 for programs to reduce racial and ethnic disparities in diabetes. Four more states enacted legislation for student diabetes care in 2006 as summarized below.

Nebraska
NE LB 1107, (2006, enacted, Section 79-225) - Relates to schools; provides for student self-management of diabetes at school and school-related activities; requires a written request from a parent or guardian; limits school liability.

Tennessee
TN SB 2658, HB 3870 (2006 enacted, Public Act, Chapter 542) - Allows for students with diabetes to perform blood glucose checks, administer insulin, treat hypoglycemia and hyperglycemia, and otherwise attend to the care and management of the student's diabetes in any area of the school or school grounds and at any school- related activity. Clarifies that students are permitted to possess on the student's person at all times all necessary diabetes monitoring and treatment supplies.

 Utah
UT SB 8 (2006 enacted, Session Law Chapter 215) - For the care of students with diabetes in school, directs public schools to train school personnel who volunteer to be trained in the administration of glucagon in an emergency and permits a student to possess or possess and self-administer diabetes medication, when requested by parents.

West Virginia
WV HB 2548 (2006 enacted, Chapter 66) - Relates to the establishment of individual diabetes care plans for students with diabetes by county boards of education; requires the State Board of Education to adopt guidelines for the development and implementation of such plans; requires each county board of education to adopt such a plan meeting those guidelines; requires the state board to report to the Legislature regarding the adoption of the guidelines and the establishment of such plans by county boards.

 

 Insurance Coverage for Obesity Prevention and Treatment

Maryland requires insurers to cover morbid obesity treatment including surgery, while Georgia, Indiana and Virginia require private insurers to offer general coverage for morbid obesity as an option.  Georgia, in 2005, and Virginia, in 2006, considered legislation requiring health insurers to provide, rather than simply offer, coverage for morbid obesity treatment, but neither state enacted the legislation. As of July 2004, Medicare began to recognize obesity as a medical condition, opening the door to greater coverage for obesity treatments demonstrated as scientifically effective.

Legislation to provide or strengthen private insurance coverage for obesity prevention or treatment, especially for the morbidly obese (those with a body mass index of 40 or higher) was introduced in at least eight states in 2006, without specific reference to childhood obesity treatment.  Indiana enacted legislation specifying confidentiality and reporting requirements for bariatric surgery complications and providing for insurance coverage for medically necessary expenses for morbid obesity treatment.  Other states considering legislation regarding morbid obesity treatment in 2006 included Connecticut, Indiana, Louisiana, Missouri, New Jersey, Oklahoma, South Carolina, Tennessee and Virginia as summarized below.

Connecticut
CT SB 552 (2006, passed Senate), CT SB 579 (2006, introduced) – Both bills would have required group and individual health insurance policies to cover medical services for the diagnosis and treatment of morbid obesity including medically necessary bariiatric surgery and physician office visits, health and behavior assessments, nutrition education, patient self-management education and training and therapeutic exercises.

Indiana
IN SB 266 (2006, Citions affected, IC 2-5, 5-10, 12-15, 15-40, 27-8, and 27-13) - Specifies that a physician's duty to monitor a bariatric surgery patient for five years applies unless the physician is unable to locate the patient after a reasonable effort. Establishes certain topics that must be discussed with a patient before bariatric surgery. Provides that a report made by a physician to the state department of health of a death, serious side effect, or major complication of a patient who had surgical treatment for the treatment of morbid obesity is confidential. Specifies that statistical reports compiled by the state department from the reported information are subject to public inspection. Requires six months of supervised nonsurgical treatment before health insurance, a state health care plan, or a health maintenance organization must cover surgical treatment for morbid obesity. (Previously, 18 months of supervised nonsurgical treatment was required.)

Louisiana
LA SR 120 (2006, legislative resolution)
- This legislative resolution directs the senate's insurance committee to study mandating coverage of weight loss surgery in health insurance policies, and to report its findings to the legislature prior to its 2007 session.

Missouri
MO HB 1990 (2006, proposed) -  Would have required health insurers to offer optional coverage for recognized treatments for morbid obesity.

New Jersey
NJ HB 1613 (2006, proposed) - Would have required managed care plans to cover treatment of overweight and obesity in adults on a fee-for-service basis.

Oklahoma
OK SB 1051 (2006, proposed) - Would have required certain health benefit plans to provide coverage for the treatment of morbid obesity.

South Carolina
SC SCR 1379 (2006, enacted) -  Requests and urges the South Carolina department of health and human services and the department of insurance to jointly collect and analyze data on individual cases of obesity, including, disclosure of short term and long term complication and mortality rates by volume of bariatric surgeries performed at facilities certified by the American Society for Bariatric Surgery as a Bariatric Surgery Center of Excellence, compared to facilities not certified by the American Society for Bariatric Surgery, and make recommendations as to the advisability, and safety, of bariatric surgery of clinically severe obesity as a cost effective alternative to long-term treatment of the condition. Requests use of private funds to complete this study and required recommendations for obesity prevention and treatment to the General Assembly before January 16, 2011.

Tennessee
TN HB 90, SB 786 (2006, proposed, bills identical) - Would have required insurers to offer coverage for bariatric surgery for the treatment of morbid obesity.

Virginia
VA 624 (2006, proposed) - Would have required health insurers, health maintenance organizations, and corporations providing healthcare coverage subscription contracts, to provide coverage for the treatment of morbid obesity through recognized surgical procedures designed to produce weight loss in patients with morbid obesity if performed at a bariatric surgery center of excellence. Currently, these entities are required to offer and make available coverage for treatment of morbid obesity.


Trans Fat in School Foods and Other Nutrition Content Information 

 

A number of states have recently considered or enacted legislation to restrict or prohibit school foods that contain trans fat or to otherwise specify the nutritional composition of school foods.  In 2006, bills to limit or ban the use of trans fat in school foods or to specify its nutrition content were considered or enacted in at least eight states, as detailed below. This listing does not include legislation to require nutrition labeling or menu information for food and drink items in all chain restaurants or retail food establishments or to restrict or ban trans fat in restaurant foods, which can be found on NCSL's trans fat and menu labeling legislation web page.

Alaska
AK SB 199 (2006, proposed)
- Would have provided nutrition support grants to school districts that adopted policies prohibiting the sale of foods of minimal nutritional value on school campuses during the school day and one hour before and after school, and would have included within the definition of foods of minimal nutritional value those that contain a combined saturated and trans fat caloric content of more than 10 percent.                              

California
CA AB 90 (2007-2008, proposed) - Would prohibit schools or school districts from making any food containing artificial trans fat available to pupils during school hours.  Would also prohibit the use of artificial trans fat in the preparation of a food item served to pupils.

CA AB 569 (2005-2006, enacted, Chapter 702, 2006) - Requires each school site meeting the federal severe need qualification reimbursement to offer breakfast beginning with the 2007-2008 school year. Authorizes waivers under specified conditions. Requires priority funding for schools offering the federal breakfast program for the first time. (As introduced, would have required nutrition content labeling on all food items sold in schools.)

Indiana
IN SB 111 (2006, enacted, Public Law 54)
- Requires at least 50 percent of food items sold in schools to qualify as "better food choices" and, among other definitions, specifies that better food choices are those in which (A) Not more than 30 percent of their total calories are from fat. (B) Not more than 10 percent of their total calories are from saturated and trans fat. (C) Not more than 35 percent of their weight is from sugars that do not occur naturally in fruits, vegetables, or dairy products.

Kansas
KS HB 2870 (2006, proposed)
- Among other school nutrition standards, would have required, beginning with the 2007-2008 school year, that schools include a request for trans fat information in all product specifications. Beginning with the 2009-2010 school year, would have directed schools to attempt to eliminate the purchase of all products containing trans fats where practical.

Massachusetts
MA HB 4452 (2005-2006, proposed)
- Among other school nutrition standards, would have required that not more than 10 per cent of total calories or 2 grams maximum per packaged food be from saturated fat plus trans fat. These provisions would also have applied to non-prepackaged food items sold in a la carte food lines or any place in schools where non-prepackaged food items are sold.

New Hampshire
NH L.S.R. 846 (2006-2007, proposed)
- Would prohibit the use of trans-fats in the preparation of foods consumed in restaurants and school cafeterias.

New Jersey
NJ SB 1218,  AB 883 - identical (2006-2007, enacted, Public Law 2007, Chapter 45)
- Establishes certain nutritional restrictions on foods and beverages served, sold or given away to pupils in public and certain nonpublic schools. Requires that based on manufacturers' nutritional data or nutrient facts labels, school foods contain no more than eight grams of total fat per serving, with the exception of nuts and seeds, and no more than two grams of saturated fat per serving.  Among its provisions, the new law states: "Schools shall reduce the purchase of any products containing trans fats beginning September 1, 2007."

New York
NY AB 7564 (2006, Proposed) - Among other provisions would have required that foods sold in schools, both within and outside the school meals program, contain no more than 10 percent of total calories from saturated fat and trans fat combined.

North Carolina
NC HB 855 - (2005, Enacted, Chapter 2005-457) - Directs the State Board of Education to set nutritional standards for school foods, including meals, beverages and a la carte items, that promote gradual changes to increase fruits and vegetables, increase whole grain products, and decrease foods high in total fat, trans fat, saturated fat, and sugar. Phases in standards beginning in elementary schools in 2007-2008, followed by middle schools and high schools.

 

Nutrition Education 

Many states have school health education requirements, but in recent years legislators have considered or enacted bills specifically requiring nutrition education aimed at preventing childhood obesity as a component of school health curriculumCalifornia, Colorado, Indiana, Louisiana, Maine, New Hampshire, South Carolina, Texas, West Virginia and Vermont currently have laws requiring some form of nutrition education in schools. States that considered or enacted nutrition education legislation in 2006 include Alabama, Hawaii, New Hampshire, Pennsylvania, and Vermont, as summarized below.

Alabama
AL HB 400 (2006, proposed) - Relates to the K-12 core curriculum; would have authorized local boards of education to devote, in addition to or in lieu of character education, at least 10 minutes per instruction day to health and nutrition education or physical activity pursuant to regulations adopted by the state board of education

Hawaii
HI HB 377 and HI SB 493 (2005, carried over to 2006)
Both bills would require the state's department of education to encourage schools to provide culturally appropriate nutrition education and farm-to-table education programs.

New Hampshire
NH SB 290 (2006, proposed)

Would have established a wellness program in New Hampshire schools, that would have combined nutrition education and physical exercise.

Pennsylvania
PA HB 185 (2006, enacted, Act 114)

Among other provisions related to local wellness policies and nutritional guidelines for food and beverage sales in schools, provides that the Pennsylvania Child Wellness Plan shall include recommendations for "teaching about nutrition and obesity."  Directs the secretary of education to establish an interagency coordinating council for child health, nutrition and physical education. Provides for and directs the department of education to establish a clearinghouse of wellness policies and information, and for other duties of the department of education and for physical education. Provides for physiology and hygiene.

Vermont
VT HB456 (2006, enacted, Act 145) - Directs the commissioner of education to award small grants to schools that use Vermont products in their food services programs and provide nutrition education for students; and directs the commissioner of education to report to the general assembly regarding school district adoption of nutrition policies.


Physical Activity or Physical Education in Schools And Recess Legislation

Forty-nine states require physical education in schools, but the scope of the requirement varies greatly.  In 2006, at least 26 states (Alabama, Arizona, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Indiana, Iowa, Kansas, Kentucky, Massachusetts, Minnesota, Mississippi, New Hampshire, New York, Oklahoma, Pennsylvania, Rhode Island, Tennessee, Virginia, West Virginia, Wisconsin, Wyoming) considered legislation related to physical activity or physical education in schools and at least ten of those states enacted legislation or passed resolutions including California, Connecticut, Delaware, Florida, Indiana, Kansas, Oklamhoma, Pennsylvania, Tennesse and West Virginia.  States have focused on refining or increasing physical education requirements or encouraging positive physical activity programs for students during and after the school day. A number of states considered legislation related to recess, which is reported separately below. Both the cost of physical education programs and an emphasis on academics have sometimes been considered barriers to increasing physical education in schools but recognition is growing that physical activity during the school day may increase student achievement.  Physical educaton and phyiscal activity legislation that passed both chambers of the legislature in 2006 is summarized below.



Physical Education and Physical Activity Legislation That Passed Both Chambers of Legislature in 2006

California

CA SB 638 (2005-2006, enacted, Chapter 380, Statutes of 2006) - Among other provisions related to before and after school programs, requires that grants made to public elementary, middle and junior high schools relating to community learning centers for specified fiscal years, continue to be funded in each subsequent fiscal year immediately following the expiration of the grant. Requires that program training and support provided by the Department of Education include the development and distribution of voluntary guidelines for physical activity programs.

Colorado
CO HB 1021 (2006, vetoed by governor) -
Would have prohibited school districts from employing as a physical education teacher any person who did not hold a physical education endorsement on his or her teacher's license or who was not highly qualified as determined by the school district.

Connecticut
CT SB 204 (2006, enacted, Public Act 06-44) -
Encourages exercise and student wellness in schools by requiring local and regional boards of education to adopt guidelines to coordinate services and programs in order to address the physical, mental, social and emotional needs of students; including plans for engaging students in daily physical exercise during regular school hours and strategies for engaging students in daily physical exercise before and after school.

Delaware
DE HB 372 (2006, enacted, Volume Chapter 75:409) -
Requires the Department of Education to develop a regulation requiring each local school district and charter school to assess the physical fitness of each student at least once at the elementary, middle and high school level and outlining the grades at which the assessment will be given.  The assessment results are to be provided to the parent, guardian or relative caregiver.  The intent is to provide baseline and periodic updates for each student and his or her parent, guardian or relative caregiver sharing in the knowledge of obesity and other chronic illnesses. Includes measuring body mass index as part of the testing in some local school districts.  

DE HB 471 (2006, enacted, Volume Chapter 75:420) - Provides for a physical education/physical activity pilot program in at least six of Delaware's elementary, middle or high schools; requires the department to provide technical assistance in the development and any training related to implementation; provides that the department could also work with an outside entity, such as the Nemours Health and Prevention Services, to conduct an evaluation.

DE SB 289 (2006, enacted, Volume Chapter 75:330) - Creates a statewide Health Advisory Council, as recommended by the Physical Education Task Force, to provide advice and guidance to the Department of Education regarding current and future physical education and physical activity programs in state schools; provides for a report on childhood obesity.

Florida
FL SB 772 (2006, enacted, Chapter 2006-301) -
Among other provisions, requires that school district physical education programs and curricula be reviewed by a certified physical education instructor; and encourages school districts to provide physical education for a specified amount of time.

Indiana
IN SB 111 (2006, enacted, Public Law 54)
- Beginning with the 2006-2007 school year, requires the governing body of each school corporation to provide daily physical activity for students in elementary school. The physical activity must be consistent with the curriculum and programs developed under IC 20-19-3-6 and may include the use of recess. On a day when there is inclement weather or unplanned circumstances have shortened the school day, the school corporation may provide physical activity alternatives or elect not to provide physical activity.

Kansas
KS HR 6011 (2006, enacted, signed by governor 3/10/06) -
Expresses the House of Representatives' support for physical education classes for all grades from kindergarten through 12; and urges the state board of education to require some type of scheduled physical education class for grades kindergarten through 12.

Oklahoma
OK SB 1459 (2006, enacted, OS 70-24-100b)
- Directs the state's department of education to provide technical assistance and information to schools for use in establishing healthy school nutrition environments; reducing childhood obesity; developing quality physical education and activity programs; and establishing, implementing and evaluating school wellness policies.  Encourages Oklahoma's Healthy and Fit Schools Advisory Committees to utilize the Centers for Disease Control and Prevention's School Health Index and Oklahoma Healthy and Fit Schools Scorecard as program assessment and monitoring instruments.

Pennsylvania
PA HB 185 (2006, enacted, Act 114)
- Provides for competitive food or beverage contracts and for nutritional guidelines for food and beverage sales in schools. Provides for certain health services and for advisory health councils. Provides for local wellness policies and directs the department of education to establish a clearinghouse of wellness policies and information, for an interagency coordinating council for child health and nutrition, for other duties of the department of education and for physical education. Provides for physiology and hygiene.

Tennessee
TN HB 3750, (2006, enacted, Public Acts 2006, Chapter 1001) -  
Requires each local education agency to integrate a minimum of ninety (90) minutes of physical activity per week into the instructional school day for elementary and secondary school students. Opportunities to engage in physical activity may include walking, jumping rope, playing volleyball, or other forms of physical activities that promote fitness and well-being.

West Virginia
WV SB 785, (2006, enacted, Chapter 73) - Requires the state's department of education to establish the requirement that each child enrolled in public school actively participate in physical education classes during the school year to the level of his or her ability.  Specifies participation time by grade level as: elementary school - not less than 30 minutes of physical education, including physical exercise and age-appropriate physical activities for not less than 3 days per week; middle school - not less than one full period of physical education, including physical exercise and age-appropriate physical activities, each school day of one semester of the school year; and high school - not less than one full course credit of physical education required for graduation, including physical exercise and age-appropriate physical activities and the opportunity to enroll in an elective lifetime physical education course.


Recess Legislation Considered or Enacted in 2005-2006 

Connecticut
CT Senate Substitute Bill 204, (2006, enacted, Public Act 06-44)
- Requires the Connecticut department of education to develop guidelines for addressing the physical health needs of students that include, among other things, plans for engaging students in daily physical exercise during regular school hours.  (Note - the bill doesn't use the word "recess" or specify a certain number of minutes.)

CT HB 5252 (2006, proposed) - Would have required local boards of education to provide students an opportunity to engage in twenty minutes of exercise during the school day.

Iowa
IA Senate Study Bill 3065 (2006, proposed)
- Proposed a study of minimum hours of instructional time for grades one through 12, including a proposal that not more than one hour per day be devoted to recess and lunch for grades one through six.

Indiana
IN SB 111 (2006, enacted, Public Law 54)
- Beginning with the 2006-2007 school year, requires the governing body of each school corporation to provide daily physical activity for students in elementary school. The physical activity must be consistent with the curriculum and programs developed under IC 20-19-3-6 and may include the use of recess. On a day when there is inclement weather or unplanned circumstances have shortened the school day, the school corporation may provide physical activity alternatives or elect not to provide physical activity.
 

New Hampshire
NH SB 290 (2005, proposed) - As part of a more comprehensive school wellness bill, would have required development of a model school wellness policy that included a “physical activity program” including, in addition to regular physical education classes, minimum daily physical activity for each student provided through activities such as recess and other recreation periods, and participation in athletics either during or after regular school hours.

New York
NY AB 2095 (2005, proposed) - This bill proposed to establish time standards for physical education and also stated the legislative intent that "Physical education instruction is the cornerstone of a comprehensive school physical activity program that also includes health education, elementary school recess, after-school physical activity clubs and intramurals, high school interscholastic athletics, walk/bike to school programs and staff wellness programs."

Pennsylvania
PA HB 189 (2005, proposed) - As part of a more comprehensive nutrition and physical education bill, would have required that in addition to physical education, at least 15 minutes of daily recess be offered in the elementary grades for each two and one-half periods of instructional time in core subject areas.

South Carolina
HB 3499 (2005, enacted, Act 102) - As part of bill phasing in physical education standards statewide, provides that each elementary school shall designate a physical education teacher to serve as its physical education activity director. The physical education activity director shall plan and coordinate opportunities for additional physical activity for students that exceed the designated weekly student physical education instruction times that may include, but not be limited to, before, during, and after school dance instruction, fitness trail programs, intramural programs, bicycling programs, walking programs, recess, and activities designed to promote physical activity opportunities in the classroom.

Texas
SB 42 (2005, enacted) - Encourages school districts to promote physical activity for children through classroom curricula for health and physical education.  Allows the state board of education, by rule, to require students in kindergarten to grade nine to participate in up to 30 minutes of daily physical activity as part of a school district's physical education curriculum, through structured activity or during a school's daily recess. Provides for consultation with educators, parents, and medical professionals to develop physical activity requirements.

Virginia
VA HB1450 (2006, proposed)
- Would have required local school boards to prohibit the denial of daily outdoor recess or unstructured play to a student for disciplinary reasons, unless the parent of the student notifies the school principal in writing that the student may be excused from all or part of recess or play time as a means to discipline the student.


School Wellness Policies

 

The federal Child Nutrition and WIC Reauthorization Act of 2004 (Public Law 108 - 265) required each local school district participating in the National School Lunch and/or Breakfast Program to establish a local wellness policy by the beginning of the 2006-2007 school year. School districts were required to involve a broad group of stakeholders in developing wellness policies and set goals for nutrition education, physical activity, campus food provision, and other school-based activities designed to promote student wellness. Plans for measuring policy implementation were required to be included. Statewide legislation for wellness policies was considered or enacted in 2005 independently or in response to the federal requirement in California, Colorado, Illinois, Ohio, Rhode Island and Tennessee.  In 2006, Delaware, Florida, Indiana, Kentucky, Mississippi, Oklahoma and Pennsylvania also enacted legislation related to wellness policies, and Tennessee moved forward with a coordinated school health program, as summarized below. Legislators also have acted on individual policies that are part of school wellness goals, such as improving the nutritional quality of school foods, providing greater opportunities for physical activity, and ensuring that adequate nutrition education is part of the school curriculum, as reported separately on this web page. Additional information about federal wellness policy requirements can be found on the U.S. Department of Agriculture web site at:  http://www.fns.usda.gov/tn/Healthy/wellnesspolicy.html

Florida
FL SB 772 (2006, enacted, Chapter 2006-301) - 
Among other provisions, requires each school district to submit to the department of education, by a specified deadline, copies of the district’s school wellness policy and physical education policy; requires the school district to review those policies annually; requires the department and school districts to post links to those policies on their websites; requires the department to provide website links to certain resources and prescribes the types of information those resources must provide.

Indiana
IN SB 111 (2006, enacted, Public Law No. 54) - Among other provisions related to student nutrition and physical activity, requires school boards to establish a coordinated school health advisory council to develop a local wellness policy that complies with federal requirements.  Also requires the department of education to provide information concerning health, nutrition, and physical activity; and to establish requirements for food and beverage items available for sale to students outside of federal school meal programs.

Kentucky
KY HB 646 (2006 enacted, Act No. 137) - As part of the Governor's Wellness and Physical Activity Initiative for all Kentucky citizens, establishes the Governor's Council on Wellness and Physical Activity to raise public awareness and promote citizen engagement.

Mississippi
MS HB 319 (2006, enacted, Chapter 401)
- Recognizes the problem of childhood obesity and student physical inactivity in Mississippi. Directs local school boards to establish local scVyZXN0QXJlYXNDb2x1bW5zJGN0bDAyJFJwdEludGVyZXN0QXJlYXNDb2x1bW4k; Provides that the council's duties may include developing coordinated school health programs including health education, physical education, nutritional services, parental involvement, alcohol and tobacco use prevention education, health services, healthy environment, counseling and psychological services; and providing guidance on the development and implementation of a local school wellness plan that each local school board is required to adopt by the beginning of the 2006-2007 school year in conformity with federal law.

Oklahoma
OK SB 1459 (2006, enacted, OS 70-24-100b)
- Directs the state's department of education to provide technical assistance and information to schools for use in establishing healthy school nutrition environments; reducing childhood obesity; developing quality physical education and activity programs; and establishing, implementing and evaluating school wellness policies.  Encourages Oklahoma's Healthy and Fit Schools Advisory Committees to utilize the Centers for Disease Control and Prevention's School Health Index and Oklahoma Healthy and Fit Schools Scorecard as program assessment and monitoring instruments.

Pennsylvania
PA HB 185 (2006, enacted, Act 2006-114) - Amends the Public School Code of 1949. Provides for competitive food or beverage contracts and for nutritional guidelines for food and beverage sales in schools. Provides for certain health services and for advisory health councils. Provides for local wellness policies, for an interagency coordinating council for child health and nutrition, for duties of the department of education and for physical education. Provides for physiology and hygiene.

Tennessee 
TN HB 3750 (2006, enacted, Public Acts 2006, Chapter 1001)- Authorizes each local education agency to implement an expanded coordinated school health program under the guidelines developed by the commissioner of education, in consultation with the department of health, during the 2006-2007 school year and requires implementation of these programs by the 2007-2008 school year. Existing coordinated school health programs were authorized under Tennessee Code Annotated § 49-1-1002, the Coordinated School Health Improvement Act of 2000.
 


Raising Awareness

Efforts to raise public awareness of childhood obesity and its impact and to respond to the problem with wellness, nutrition, and physical activity initiatives include the enacted bills listed below for 2006, and others, both proposed and enacted, too numerous to list.

California
CA SCR 90 (2005-2006, enacted) - This resolution expresses the Legislature’s support for “10 Steps to a Healthy California,” including promoting the importance of physical activity and healthy eating.

 

CA SCR 105 (2005-2006, enacted) - Proclaims the month of May 2006, as Fitness Month and encourages all Californians to enrich their lives through proper diet and exercise.

 

Florida
FL HB 9095 (2006, adopted by publication) - This legislative resolution designates the 2006-2007 school year as "Healthy School Lunch Year" in Florida.

Georgia
GA HB 710 (2006 enacted, Act 576) - Provides for special license plates identifying persons with diabetes, for the main purpose of alerting law enforcement officers and emergency personnel to the potential for special needs before they approach the driver of a vehicle, especially if the vehicle has been involved in an accident. The funds raised by the sale of this special license plate are to be deposited in the general fund.

Kentucky
KY HB 646 (2006, enacted, signed by governor 4/6/06, Acts Ch. 172)
- Establishes and sets requirements for the Governor's Council on Wellness and Physical Activity and establishes the Governor's Wellness and Physical Activity Program, Inc.

 

Washington

WA SB 6197 (2006, enacted, Chapter 239) - Finds that women and people of color experience significant disparities from men and the general population in education, employment, healthful living conditions, access to health care, and other social determinants of health. Creates the governor's interagency council on health disparities and directs it to create an action plan and statewide policy to include health impact reviews that measure and address social determinants of health that lead to disparities as well as the contributing factors of health care that can have broad impacts on improving status, health literacy, physical activity and nutrition. 
 

 

Task Forces, Commissions, Studies, Grants and Other Special Programs

 In 2006, legislation or resolutions to create obesity-related task forces, commissions, studies or other special programs were introduced in at least 19 states. Enacted legislation or resolutions for 2006 are reported below, including actions by legislatures in California, Delaware, Florida, Illinois, Iowa, Kentucky, Mississippi, Oklahoma, Pennsylvania, South Carolina, and Tennessee.

California
CA ACR 114 (2005-2006, enacted as Resolution Chapter 151) - Establishes a legislative task force on diabetes and obesity to study factors contributing to high rates of diabetes and obesity in Latinos, African-Americans, Asian Pacific Islanders, and Native Americans in this country. Declares that the task force shall produce a report with recommendations regarding ways to reduce the incidence of these debilitating conditions in these ethnic groups by December 31, 2007.

Delaware
DE SB 289 (2006, enacted, Volume Chapter 75:330)
Creates a statewide Health Advisory Council (as recommended by the Physical Education Task Force created by HCR 37 of the 143rd General Assembly in 2005) to provide advice and guidance to the department of education regarding current and future physical education and physical activity programs in Delaware schools. Requires publication of an annual strategic plan and report on fitness and childhood obesity in Delaware and creation of a clearing house for best practices for physical education and physical activity programs as well as non-state funding sources for physical education and physical activity programs. 

 

Taxes on Foods and Beverages with Minimal Nutritional Value

A number of states in 2006 considered taxing foods and beverages with minimal nutritional value and, in a few states, directing the revenues to fund obesity or health-related services or programs such as health care for children, fitness grants or dental care access and education.  None of the proposed 2006 taxes were enacted, but summaries are below.

California
CA SB 1118 (2006, proposed) -
Would have imposed a 2 percent tax on carbonated beverages, food products sold at drive-in restaurants and advertising space in excess of a specified quantity used for advertising foods of poor nutritional quality, with resulting revenues to be deposited into a children's health insurance fund to fund health care for children for obesity, diabetes and other conditions.

Indiana
IN HB 1170
(2006, proposed) -  Would have imposed an 11.5% tax, in addition to other applicable taxes, on the retail sale of minimally nutritious foods or beverages. Would also have established the physical fitness grant account (account), and deposited revenues from the tax in the account to establish a physical fitness grant program administered by the department of education that would have awarded grants to public high schools, including charter high schools, for salaries and other costs related to physical activity and fitness education. Surplus revenues would have reverted to the state general fund to be used for Medicaid expenditures.

Kansas
KS HB 3016 (2006, proposed)
- Would have imposed a tax upon every distributor, manufacturer or wholesale dealer, to be calculated as $.20 per gallon for each gallon of bottled soft drinks sold or offered for sale in the state. Would have exempted soft drinks containing more than 10% natural fruit juice or natural vegetable juice.

Maryland
MD HB 640 (2006, proposed)
- Would have allowed municipal corporations to impose an admissions and amusement tax, not exceeding 1 percent, on certain foods and beverages including soft drinks and candies.

New Mexico
NM SB 228 (2006, proposed) - Would have enacted the "Soft Drink Tax Act" imposing a tax on ginger ale and colas or drinks commonly referred to as soft drinks; any fruit or vegetable drink containing less than fifty percent natural fruit or vegetable juice; and any package or container of powder, syrup, concentrate or other base product intended for mixing to produce a liquid soft drink; at a rate of 3 cents for each twelve fluid ounces of soft drink; $1.92 per gallon of soft drink syrup or concentrate; and 32 cents per gallon on the sale of a package or container of soft drink powder or other base product. 

Wisconsin
WI HB 1168 (2006, proposed) - Would have imposed a tax on the wholesale sale of soft drinks and used the revenues to create a dental access trust fund to supplement reimbursement for dentists’ services provided to recipients under the Medical Assistance Program and to fund grants from the department of health and family services for dental public health and dental education projects.

Other links for NCSL resources on legislative and policy options to address obesity are:
Nutrition, Physical Activity & Obesity Page

Please contact Amy Winterfeld, NCSL, Health Program, to report any comments or corrections to this document


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