State Laws Related to Dietary Sodium

stethoscope heart shapeIntroduction

About 90 percent of Americans consume too much sodium, raising their risk for high blood pressure, which can cause heart disease and stroke—the first and fourth leading causes of death in the United States. High blood pressure (hypertension) can also lead to other major health problems such as congestive heart failure and kidney disease, contribute to hardening of the arteries (arteriosclerosis) and may even cause blindness. In 2008, hypertension was identified as a primary or contributing cause of 348,000 U.S. deaths. About one in three U.S. adults already has high blood pressure and an additional 30 percent of adults have prehypertension (higher than normal blood pressure readings that have not yet reached the threshold for high blood pressure). For 2010, the American Heart Association estimated annual direct medical expenses of hypertension at $69.9 billion, and costs of complications associated with hypertension, including heart failure, coronary heart disease, stroke and other cardiovascular diseases at $130.7 billion annually. Researchers project that reducing average daily American sodium consumption by about one third could reduce blood pressure and decrease the number of new and recurrent cases of heart attack and stroke, annually averting up to 81,000 deaths and saving $20 billion in yearly health care costs.
 
On average, Americans eat about 3,300 mg of sodium a day but U.S. dietary guidelines recommend that people 2 years and older reduce daily sodium intake to less than 2,300 milligrams. People with hypertension, chronic kidney disease or diabetes; African Americans; and anyone age 51 years and older are recommended to further limit sodium intake to 1,500 milligrams daily. This more stringent recommendation applies to a majority, 57.1 percent, of adults. More than 75 percent of sodium consumed is estimated to be in the processed and prepared foods that Americans eat. As awareness of the dangers of excessive sodium consumption grows, many states have adopted public policies aimed at reducing sodium in the food supply, among a variety of efforts to prevent hypertension and improve cardiovascular health, especially among those at highest risk. Federal, state and local governments and food manufacturers are finding ways to work together to reduce sodium in the food supply, improve health and lower health care costs, without offending taste buds or profits. This report includes statutes, regulations, and policies expressly authorized in state laws and promulgated by executive agencies related to dietary sodium or sodium consumption.[1]  Jurisdictions surveyed include all states and territories, the District of Columbia, and New York City. The laws and policies found came into effect between 1980 and 2012, although the search was conducted for all laws passed, promulgated, or instituted before Dec. 31, 2011. Legal research located policies in the following 12 categories related to consumption of lower sodium foods:

  1. Nutrition education in schools.

  2. Access to fruits and vegetables through farmers’ markets.

  3. Voluntary nutrition labeling of foods.

  4. Procurement of foods in schools.

  5. Nutrition education for the public.

  6. Procurement of foods in government agencies.

  7. Access to fruits and vegetables through grocery and infrastructure development incentives.

  8. Mandatory nutrition labeling of foods.

  9. Commendation or support for voluntary sodium reduction through legislative resolutions.

  10. Information-gathering through studies or reports.

  11. Information-gathering through task forces.

  12. Price incentives to purchase low-sodium items.

 Laws found that did not fall under any of the categories listed, but which could affect dietary sodium, are included in a category labeled “Other.”


Procurement* in Schools: Includes Sodium Limits and Advisories for Foods Sold or Served in Schools and Child Care Facilities

* Procurement refers to state agency purchasing requirements.  The term is used broadly in both the school and government procurement sections of this chart to refer to all food procurement policies that foods purchased, provided, or made available contain sodium levels that either meet advisories or do not exceed limitations or standards established by state or local government.


State Type of Policy Brief Description Citation Authority Effective Date
AL Policy - Sodium Limits Sets portion limits to 360mg for sodium in snacks, recommends cooking techniques reduce sodium, and requires snacks without added sodium to be made available. Ala. State Dep’t of Educ., Healthy Snack Standards for Foods and Beverages at School (adopted July 12, 2005), http://cnp.alsde.edu/NutritionPolicy/AlaHealthySnackStandards.pdf Ala. Code § 16-3-12 (1975) July 12, 2005
AZ Policy - Sodium Limits Sets portion limits to 800mg for National School Lunch Program and non-NSLP entrees sold a la carte and 600mg for other snack items. Ariz. Dep’t of Educ., Arizona Nutrition Standards (July 1, 2006)
http://www.azed.gov/wp-content/uploads/PDF/ArizonaNutritionStandards.pdf
Ariz. Rev. Stat. § 15-242 (LexisNexis 2005) July 1, 2006
CO Statutes – Procurement* - Advisory Encourages each school district’s Board of Education to adopt policies to ensure every student has access to fresh fruits and vegetables at appropriate times during the day, working to acquire fresh produce from Colorado sources whenever practical. Creates child nutrition school lunch protection program, whose objectives include reducing the consumption of sodium. 1. Colo. Rev. Stat. Ann. § 22-32-136 (West 2005)
2. Colo. Rev. Stat. Ann. § 22-82.9-104 (West 2009)
N/A 1. Aug. 8, 2005
2. Aug. 5, 2009
DC Statute - Sodium Limits Establishes school meal nutritional standards, healthy vending, and school wellness requirements in public schools; requires public schools participation in federal meal programs; requires meals in elementary schools not to exceed 430mg for breakfast and 640mg for lunch, middle schools not to exceed 470mg for breakfast and 710mg for lunch, and high schools not to exceed 500mg for breakfast and 740mg for lunch. D.C. Code §§ 38-821.02, 38-822.02 (2010) N/A Aug. 1, 2020 (provided that schools gradually reduce the amount of sodium served)
Regulation - Sodium Limits Ensures that child development facilities’ daily menus shall conform to USDA dietary recommendations for salt. D.C. Mun. Regs. tit. 29, § 373 (2011) D.C. Code §§ 7-2031 et seq. (2011) April 27, 2007
HI Policy - Sodium Limits Sets limits on sodium in snacks to 200mg sodium in all foods served on school property. Haw. Bd. of Educ., Wellness Guidelines (2008), http://doe.k12.hi.us/foodservice/toolkit/nutritionstandards/ns2.htm Haw. Bd. of Educ., Policy 1110-6 (2006); Haw. Rev. Stat. § 302A-1112 (1996); Haw. Code. R. § 8-37-2 (Weil 1995) 2008
ID Policy - Sodium Limits - Advisory Sets limits on sodium to 2mg per calorie (voluntary adoption, but reviews conducted after August 2009 will determine compliance with the Nutrition Standards for Idaho School Meals). Idaho State Dep’t of Educ. Child Nutrition Programs Office, New Nutrition Standards for Idaho School Meals Programs (2009) Idaho Code Ann. § 33-107 (2006) Aug. 2009
IA Regulation - Sodium Limits Sets limits on sodium in a la carte, vending, and regulated fundraising items: for entrees to 600mg (reduced to 480mg by 2014) and sides to 400mg (reduced to 200mg by 2014). Iowa Admin. Code r. 281-58.11(256) (2009) Iowa Code Ann. §§ 256.7, 256.9 (2009) July 1, 2010
KY Regulation - Sodium Limits Sets limits on sodium in foods sold, such that from 30 minutes after the last lunch period until the end of the day, food for sale in vending machines, school stores, canteens or fundraisers shall not exceed: 300mg of sodium per serving for snack items (portion/pack size limited to 2oz for chips, crackers, popcorn, cereal, trail mix, nuts, seeds or jerky); 450mg of sodium for pastas, meats and soups; and 600mg of sodium for pizza, sandwiches and other main dishes. For schools without school breakfast programs on 2/3/2006, any breakfast food and beverage activity must abide by the foregoing nutritional standards. 702 Ky. Admin. Regs. 6:090 (2006) Ky. Rev. Stat. Ann. § 156.160 (West 2005); Ky. Rev. Stat. Ann. § 158.854 (West 2005) Feb. 3, 2006
MA Regulation - Sodium Limits Sets limits on competitive foods to 200mg sodium per item and a la carte entrees to 480mg sodium per item. 105 Mass. Code Regs. 225.200 (2011) Mass. Gen. Laws. ch. 111, § 223 (2010) Aug. 5, 2011
NV Policy - Sodium Limits Sets limits on sodium for all foods given, earned, or sold by and to students to 600mg/serving. Nev. Dep’t of Educ., Statewide School Wellness Policy (2005), http://wellness4you.nv.gov/WellnessPolicies/FinalWellnessPolicy_2_.pdf Nev. Rev. Stat. § 439.521 (2005) July 1, 2005
RI Regulations - Sodium Limits Sets limits on sodium in school foods “to help students not exceed the 2,300mg daily tolerable upper intake level for sodium recommended” in the DGA in a phased in approach:
For 2009-2010, 575mg (breakfast), 1,070mg (lunch, with 300mg for milk and breads), 1,000mg (soup), 350mg (afterschool snack), calculated based on weekly average of total sodium content of required meal components.  Sets state strategy to phase-in sodium restrictions to ensure acceptable food products are commercially available to school districts and allows fruits to be served without the addition of salt.

21-2-51 R.I. Code R. § 1
(Weil 2009)

R.I. Gen. Laws §§ 16-8-10, 16-8-10.1, 16-8-28, 16-21-28 (2009) Last amended effective March 4, 2009
TN Regulation - Sodium Limits Requires local school districts to comply with minimum nutritional standards for individual food items, including limiting sodium to: 230mg per serving for chips, cereals, crackers, French fries, baked goods and other snack items; 480mg per serving for pastas, meats and soups; and 600mg for pizza, sandwiches and main dishes. Tenn. Comp. R. & Regs. 0520-1-6.04 (2007) Tenn. Code Ann. § 49-6-2307 (2004) Last amended effective March 28, 2008
UT Regulation - Sodium Limits Requires school districts and charter schools to adopt written policy for the sale of all foods that are not part of reimbursable lunch, breakfast, or after-school snack programs that may prohibit foods with sodium content greater than 200mg/portion, excluding 100% fruits or vegetable juice, fruits, vegetables, nonfat or low-fat milk, yogurt, or cheese. Utah Admin. Code r. 277-719-4 (2008) Utah Const., art. X, §3; Utah Code Ann. §§ 53A-1-401(3), 53A-19-201(1), 53A-1-402(1)(e) (West 2008) July 2, 2008 or when existing contracts expire
VT Policy - Sodium Limits Requires report to the legislature on Act 203, s. 16 that suggests limits on sodium to 230mg in foods, excepting low-fat and fat- free dairy and vegetables with sauce or soups (less than 480mg). Vt. Dep’t of Health and Dep’t of Educ., Nutritional Guidelines for Competitive Food and Beverage Sales in Schools (Jan. 15, 2009), http://www.leg.state.vt.us/reports/2009ExternalReports/240670.PDF Vt. Act 203, Section 16 (June 10, 2008) July 1, 2011
VI Statute - Sodium Limits Limits K-12 foods sold under the control of the school district board to 360mg sodium for snacks, 450mg sodium for pre-packaged entrees, or more restrictive standards as established by the Department of Education Special Nutrition Program. Requires the program to determine whether districts are in compliance every year and report results to the Department of Education. 2010 V.I. Sess. Laws 7179 (2010) N/A Oct. 1, 2010
VA Statute - Advisory Requires the Board of Health to promulgate regulations setting nutritional guidelines for competitive foods sold in school, including sodium. Va. Code Ann. § 22.1-207.4 (West 2010) N/A 2010
WI Statute – Procurement* Establishes farm-to-school program, requiring Department of Agriculture, Trade and Consumer Protection to identify impediments to providing locally produced fresh fruits and vegetables in school meals and snacks. Wis. Stat. § 93.49 (2009) N/A May 27, 2010
WV Regulations - Sodium Limits Limits sodium content of school lunches to 1,100mg and requires that other foods and beverages not add unnecessary sodium and limit sodium to 200mg per serving/package.  Recommends using sodium and salt in moderation per USDA School Meals Initiative and low-salt meat/meat-alternative daily per Standards for School Nutrition. 1. W. Va. Code R. §§ 126-86-4, 126-86-5 (2009)
2. W. Va. Code R. §§ 126-85-8, 126-85-104 (2009); W. Va. Code R. § 126-85-22 (2011).
 
W. Va. Const. art. XII, § 2; W. Va. Code §§ 18-2-5, 18-2-6a (2009) 1. July 1, 2008
2. Sept. 11, 2002
Regulation – Sodium Limits Requires that family child care facilities operators limit the use of snack foods with high salt content. W. Va. Code R. § 78-18-21 (2010) W. Va. Code §§ 49-2B-4, et seq. (2010) July 1, 2007
 

Procurement* in Government Agencies: Includes Sodium Limits and Recommendations for Foods Sold or Served Through Government-Regulated Correctional Facilities, Health Care, Elder Care or other Congregate Care Services

* Procurement herein refers to state agency purchasing requirements. The term is used broadly in both the school and government procurement sections of this chart to refer to all food procurement policies that foods purchased, provided, or made available contain sodium levels that either meet advisories or do not exceed limitations or standards established by state or local government.

State Type of Policy Brief Description Citation Authority Effective Date
IN Policy - Sodium Limits - Corrections Requires that correctional meals be served with 20% less sodium than in previous correctional diet, among other nutritional requirements. Ind. Dep’t of Corr., Healthy Diet Press Release (Oct. 19, 2009), http://www.in.gov/idoc/files/Healthy_Diet_Release.pdf In. Dept. of Corrections Policy & Admin. Procedures, The Development and Delivery of Foodservices (2009), http://www.in.gov/idoc/files/04-01-301_4-29-09.pdf; Ind. Code § 11-8-2-5(a)(8) (2009); Ind. Code § 11-11-4-1(a)(10) (1979) Oct. 19, 2009
KY Regulation - Sodium Limits - Elder Care Requires that nutrition program for older people has meal planning that restricts the use of salt “to maintain good health” in accordance with dietary reference intakes and Dietary Guidelines. 910 Ky. Admin. Regs. 1:190(11) (2011) Ky. Rev. Stat. Ann. § 194A.050 (West 2005); Ky. Rev. Stat. Ann. § 205.204 (West 2005) Last amended effective April 1, 2011
LA Regulation - Sodium Limits - Elder Care Requires congregate meals prepared for the Older Americans Act nutrition program to: incorporate Dietary Guidelines standards, limit sodium “within the range of a ‘no added salt’ diet” (no more than 1000-1300mg of sodium per meal), be reviewed by the Governor’s Office of Elderly Affairs, and utilize fresh fruits and vegetables when in season. La. Admin. Code tit. 4, pt. VII, § 1223 (2011) La. Rev. Stat. Ann. § 46-931 (1992) Last amended effective May 2002
ME Regulation - Sodium Limits - Elder Care Provides that Maine’s nutrition program’s “[m]enus must be prepared with no added salt, a minimum of fat and must include a variety of low fat, low sodium, low cholesterol and low sugar foods while striving to maintain overall menu appeal and acceptability to consumers.”  These menus must be planned four weeks in advance and approved and signed by a licensed dietitian at least one week prior to initial use, and kept on file for inspection by state Bureau of Elder and Adult Services. 10-149-5 Me. Code R. § 65 (Weil 2011) Me. Rev. Stat. Ann. tit. 22, §§ 5113 et seq. (1973) Sept. 1, 2004
MA Executive Order - Procurement* - All Government Agencies Requires food purchased and served to meet defined nutritional standards set by Department of Public Health (preamble citing decreasing sodium). Exec. Order No. 509, 1122 Mass. Reg. 37 (Jan. 23, 2009) Mass. Const. pt. 2, ch. 2, §1, art. 1 July 1, 2009
Regulations - Recommendation - Congregate Care Requires that Congregate Meals and Home Delivered Meals contain fresh or frozen vegetables, and, where canned, “the sodium content should be reviewed prior to use.” 651 Mass. Code Regs. 12.00 (2009); 651 Mass. Code Regs. 4.07 (2011) Mass. Gen. Laws. ch. 19A, § 6 (2009) 
 
1994
MO Regulation - Recommendation - Elder Care Provides low-sodium meal modifications by nutrition service providers under the Division of Senior Services may be made for health, religious, or ethnic reasons for a 4g sodium diet; reducing salt to half the amount in baked goods recipes; eliminating adding salt or high sodium condiments in cooked foods; and providing a low sodium entrée or vegetable choice where a high sodium entrée or vegetable is on a regular menu. Mo. Code Regs. Ann. tit. 19, § 15-7.060 (2009) Mo. Ann. Stat. § 660.050 (West 1999) Aug. 28, 2001
NJ Regulation - Recommendation - Health Care Provides that standards for licensure of residential health care facilities located with and operated by licensed health care facilities include a daily food guide recommending using salt and sodium only in moderation when preparing foods. N.J. Admin. Code § 8:43-app. B (2011) N.J. Stat. Ann. §§ 26:2H-1 et seq. (West 2011)
 
Last amended 2009; Code chapter expired Feb. 22, 2010, but provision still listed as current
Regulation - Recommendation - Health Care Provides that standards for licensure of residential health care facilities not located with and operated by licensed health care facilities include a daily food guide recommending using salt and sodium only in moderation when preparing foods. N.J. Admin. Code. § 5:27A-app. B (2011) N.J. Stat. Ann. § 52:27D-3 (West 2011) Last amended 2009; Code chapter expired June 11, 2011, but provision still listed as current
NM Regulations - Recommendation - Congregate Care Requires nutritious mid-morning and mid-afternoon snacks that are planned to keep salt intake to a minimum to be offered to participants for adult day care facility licensure. Limits use of cured and processed meat items high in salt to two times a month for nutrition services. 1. N.M. Code R. § 7.13.2.73 (Weil 1988)
2. N.M. Code R. § 9.2.18.7 (Weil 2001)
N.M. Stat. Ann. §§ 9-7-6, 24-1-2(D), 24-1-3(I), 24-1-5 (1978) 1. 1988
2. May 31, 2001
NY Policy - Procurement* - All Government Agencies Requires food purchased and served to follow guidelines for sodium limits, except those purchased foods that follow an agency’s sodium reduction plan over a three-year period. N.Y. City Agency Food Standards, Part I: Standards for Meals/Snacks Purchased and Served (2009), http://www.nyc.gov/html/doh/downloads/pdf/cardio/cardio-vending-machines-standards.pdf Exec. Order No. 122, N.Y. City Legis. Annual (Sept. 19, 2008), http://www.nyc.gov/html/om/pdf/eo/eo_122.pdf March 19, 2009
NC Regulations - Sodium Limits - Health Care Requires that dietary sodium is reduced to less than 1,300mg per meal for service agencies and congregate nutrition or home delivered meal services. 10A N.C. Admin. Code 6K.0203 (2003) N.C. Gen. Stat. § 143B-181.1(c) (1997) Last amended effective July 1, 2003
Regulation - Recommendation - Congregate Care Requires adult day programs to offer mid-morning and mid-afternoon snacks daily that keep salt intake to a minimum for certification. 10A N.C. Admin. Code 6R.0502 (2008) N.C. Gen. Stat. § 131D-6 (2001); N.C. Gen. Stat. § 143B-153 (2006) Last amended effective Feb. 1, 2008
OH Regulation - Sodium Limits - Health Care Requires dietary standards for sodium targeted to 767mg and no greater than 1,350mg per meal and reduced intake of certain high-sodium foods by meal service providers. Ohio Admin. Code § 173-4-05 (2009) Ohio Rev. Code Ann. §§ 173.02, 173.392 (West 2009) March 13, 2009
Regulation - Recommendation - Health Care Rescinds requirement to accommodate sodium-restricted diets in home-delivered meals to Medicaid recipients by homebound services. Ohio Admin. Code § 5101:3-31-09 (2006) Ohio Rev. Code Ann. §§ 173.40, 5111.02 (West 2006) July 1, 2006
OK Regulation - Recommendation - Elder Care Requires congregate meals to be prepared or approved by a registered dietitcian who considers the special needs of older people, and planned to maintain optimal nutritional status reflected in menus moderate in salt. Okla. Admin Code § 340:105-10-75 (2009) Okla. Const., art. XXV, §§ 2, 3, 4; 21 Okla. Stat. Ann. tit. 19, § 1247 (2009) Last amended effective July 1, 2009
UT Policy - Procurement* - Department of Health Requires meals, snacks, and drinks purchased with Department of Health funds to include drinks and foods low in sodium and added sugars, among other nutritional requirements. Utah Dep’t of Health, Bureau of Health Promotion, Healthy Food Policy (2009), http://health.utah.gov/hearthighway/pdfs/Healthy_Food_Policy_worksites.pdf Utah Admin. Code r. R33-2 (2003) None found
WA Policy - Sodium Limits - Corrections Requires that metabolic diet is available to offenders seeking 2,000 calorie and reduced sodium in their diet, sodium reductions in all meals. State of Wash. Dep’t of Corr., Nutritional Improvements Letter (Aug. 19, 2009), Wash. Rev. Code Ann. § 72.09.040 (West 1998) Oct. 1, 2009
 

Nutrition Education: Public Education and in Schools

This section refers to school health education to teach students through school health curriculum or public education that uses advertisements or public service announcements to educate the public about sources of sodium in the food supply and the heart health risks of consuming too much sodium.

 
State Type of Policy Brief Description Citation Authority Effective Date
PA Statute - Schools Creates Healthy Farms and Healthy Schools Act and grant program to supply and provide education on healthy foods, with a focus on locally grown foods. 3 Pa. Stat. Ann. §§ 2501 et seq. (2007) N/A July 1, 2007
Resolution - Public Recognizes May 2009 as National High Blood Pressure Education Month in Pennsylvania, listing salt and sodium as risk factors for high blood pressure. S. Res. 112, 2009 Leg. (Pa. 2009), http://www.legis.state.pa.us/CFDOCS/Legis/PN/Public/btCheck.cfm?txtType=PDF&sessYr=2009&sessInd=0&billBody=S&billTyp=R&billNbr=0112&pn=0980 101 Pa. Stat. Ann. §17.45 (West 2001) May 2009
RI Regulation - Public Authorizes farmer’s market checks to be issued to a WIC participant if nutrition education on fresh produce is provided. R.I. Admin. Code 30-1-40:1 (2010) None found July 5, 2010

Nutrition Labeling: Mandatory

This section refers to requirements for food vendors to provide nutritional information, including sodium content, for standard menu items or vending machine products.

State Type of Policy Brief Description Citation Authority Effective Date
CT Statute Mandates that any container or package of bottled water display the number of milligrams of sodium per liter, unless under 20mg/L; prohibits those without labeling from using terms/classifications specified. Conn. Gen. Stat. Ann. § 21a-150g (West 2011) N/A 1986
GA Statute Preempts menu board labeling for sodium.** O.C.G.A. §§ 26-2-370, 26-2-373 (West 2008) N/A July 1, 2008
MA Regulation Exempts sodium labeling from the requirements for food nutrition labeling. 105 Mass. Code Regs. 520.109 (2011) Mass. Gen. Laws. ch. 94, §§ 192, 126, 10I, 65S-U, 119, 125 (2011) Nov. 1, 2010
Statute Requires labeling of bottled water, including sodium content per serving of certain products, as determined by the Department of Public Health. Mass. Gen. Laws. ch. 94, § 10E1/2 (1987) N/A 1987
NY Regulation Requires bottled water to be labeled with mg sodium per serving and net servings where sodium content information is provided. N.Y. Comp. Code R. & Regs. tit. 10, § 5-6.12 (1991) N.Y. Public Health Law § 225 (McKinney 1991) June 19, 1991
OH Statute Preempts menu board labeling, including sodium information.** Ohio Rev. Code Ann. § 3717.53 (West 2008) N/A March 24, 2008
OR Statute and Regulation Statute requires restaurant chains operating 15 or more restaurants in the United States to determine typical values for total mg sodium in foods, list daily intake amounts recommended by Department of Human Services in a conspicuous place where menu boards or food tags are used.   Regulation requires chain restaurants to make typical nutrient values, including mg sodium, for foods and condiments routinely used sold for 90 or more days each year available on site in written format on menus, menu boards, and food tags for items.  Or. Rev. Stat. §§ 616.560, 616.570 (2009); Or. Admin. Regs. 333-015-0110 (2011) N/A Jan. 1, 2010, subject to final change by the Oregon Office of the Legislative Counsel
Statute and Regulation Statute provides typical values for alcoholic beverages as: for wine, 7mg of sodium for a 5oz serving; for beer other than light beer, 14mg of sodium for a 12oz serving; and for light beer, 14mg of sodium for a 12oz serving.  Regulation requires chain restaurants to provide nutrition information for alcoholic beverages offered for more than 90 days each year according to the typical values, combining total typical values for beer, wine, and other ingredients for mixed drinks. Or. Rev. Stat. § 616.575 (2009); Or. Admin. Regs. 333-015-0160 (2011) N/A
 
 
Jan. 1, 2010, subject to final change by the Oregon Office of the Legislative Counsel
UT Statute Preempts regulations of dissemination of nutritional information by municipalities and counties.** Utah Code Ann. §§ 10-8-44.5, 17-50-329 (2009) N/A May 12, 2009

 

**This section includes statutes preempting nutrition labeling requirements.

Nutrition Labeling: Voluntary

This section refers to encouragement for food vendors to voluntarily provide nutritional information, including sodium content, for standard menu items or vending machine products.

 
State Type of Policy Brief Description Citation Authority Effective Date
CA Statute Promotes menu labeling and making sodium information available. Cal. Health and Safety Code § 114094 (West 2008) N/A Jan. 1, 2010; some provisions repealed Jan. 1, 2011 in anticipation of federal rules

Efforts to Commend or Support Voluntary Sodium Reduction: Resolutions Encouraging Efforts

This section refers to resolutions commending or encouraging efforts to voluntarily reduce sodium levels in food.

State Type of Policy Brief Description Citation Authority Effective Date
LA Resolution Directs Department of Social Services to assess efforts to date to promote healthy food choices among recipients of SNAP benefits, acknowledging that benefits may be used to purchase all foods, including items high in sodium. H. Res. 150, 2010 Leg. (La. 2010), http://house.louisiana.gov/H_Journals/H_Journals_All/2010_RSJournals/10RS-HJ_0505_22.pdf None found June 6, 2010
NJ Statute Declares in legislative findings that there is a strong link between diet and health, and that portion sizes are increasing so that a restaurant entrée can provide half of an individual’s total recommended daily allowance of sodium, so that it is in the public’s interest to enable families to make informed choices about diets. N.J. Stat. Ann.  § 26 :3E-16 (West 2011) N/A Jan. 17, 2011
NC Resolution Supports measures aimed at decreasing heart disease and stroke and encourages citizens to reduce sodium in diets. H. Res. 670, 2011 Leg. (N.C. 2011),
http://www.ncga.state.nc.us/Sessions/2011/Bills/House/PDF/H670v2.pdf
N.C. Gen. Stat. § 120-20.1 (1987) May 17, 2011
SD Policy Recommends standards for foods and beverages to local agencies, including that schools offer fruits and vegetables without added sodium and remove salt shakers from all tables. S.D. Board of Education, Model Wellness Policy (Sept. 20, 2005), http://doe.sd.gov/cans/documents/Wellness_Policy.pdf S.D. Codified Laws § 13-35-1 (1997) Sept. 20, 2005
TX Statute Recognizes that competitive foods sold outside school meal programs are high in sodium. Tex. Educ. Code Ann. § 38.013 (Vernon 2003) N/A June 20, 2003, repealed June 17, 2005
 

Efforts for Information Gathering through Studies or Reports

This section refers to requests to study sodium reduction options with a report to the legislature (e.g., from state agencies on sodium levels of meals served by state agencies).

 
State Type of Policy Brief Description Citation Authority Effective Date
CA Resolution     Urges FDA to respond to issue of sodium consumption by reclassifying sodium as an additive and urges USDA and HHS to respond by setting new food guidelines addressing the amount of sodium in foods. S. Res. 28, 2008 Leg. Ch. 107 (Ca. 2008), http://www.leginfo.ca.gov/pub/07-08/bill/sen/sb_0001-0050/sjr_28_bill_20080807_chaptered.pdf None found Aug. 7, 2008
LA Regulations Requires foods sold in schools to undergo computerized nutrient analysis that includes sodium (though without set quantity) and maintenance of manufacturer’s Nutrient Analysis and Nutrition Facts label that provides sodium information. Such information may be used to conduct nutrient analyses of menus, compare nutritional contents of like or similar products, and serve as an incentive for food companies to improve the nutritional content of their products. La. Admin. Code tit. 28, pt. XLIX, §§ 701, 705, 709 (2006) La. Rev. Stat. Ann. § 17:191-199 (1950) Last amended effective May 2006

Efforts for Information Gathering through Task Forces

This section refers to requests to convene a taskforce.  While these examples were found by using the search terms above, please refer to the NCSL Public Health & Prevention website
 for further information on task forces.

 
State Type of Policy Brief Description Citation Authority Effective Date
CA Statute Authorizes school districts participating in pilot program to convene a Child Nutrition and Physical Activity Advisory Committee that shall recommend policies to the school district, including increasing the availability of fresh fruits and vegetables and provisions that encourage schools to make them available at all locations where food is sold. Cal. Educ. Code § 49433, 4 (West 2003) N/A Jan. 1, 2003
DC Statute Creates a working group to develop a plan and prepare recommendations for the mayor and city council for a commercial distribution system for fresh produce and healthy foods to corner stores, and authorizes the Department of Small and Local Business Development to issue grants to help establish that plan.  D.C. Code §§ 2-1212.01 et seq. (2011) N/A April 8, 2011
NC Statute Authorizes the North Carolina Sustainable Local Food Advisory Council to develop local food programs and policies for the state, and to consider an in-depth analysis of the possibility of promoting urban gardens and backyard gardens to improve the health of citizens, use idle urban property, and lower food costs for citizens during economic hardship. N.C. Gen. Stat. § 106-832 (West 2009) N/A Aug. 28, 2009
OK Statute Establishes the Oklahoma Food Security Committee to identify, implement, and monitor ways to encourage the use of home and community gardens for food production. Okla. Stat. Ann. tit. 56, § 245 (West 2008) N/A July 1, 2007
TX Statutes Statute establishes the Texas Food for Health Advisory Council to promote the use of research programs by fruit and vegetable growers and state and federal agencies, and increase consumption of fruits and vegetables grown in the state.  Also establishes a farm-to-school coordination task force to promote a healthy diet for schoolchildren and develop a plan to facilitate the availability of locally grown food products in public schools.  1. Tex. Agric. Code Ann. §§ 15.001 et seq. (Vernon 1989)
2. Tex. Agric. Code Ann. §§ 50A.001 et seq. (Vernon 2001)
N/A 1. Sept. 1, 2001
2. Sept. 1, 2009

Efforts to Increase Access to Fruits and Vegetables: Farmer’s Markets and Grocery and Infrastructure Development Incentives

This section refers to encouragement to develop farmers markets that sell locally grown fresh fruits and vegetables and incentives for development of grocery outlets or infrastructure (e.g., refrigerated storage) to sell fresh fruits and vegetables in underserved communities.  While these examples were found by using the search terms above, please refer to the NCSL Public Health & Prevention website at http://www.ncsl.org/issues-research/health.aspx for further information on farmers’ markets and incentives.

State Type of Policy Brief Description Citation Authority Effective Date
AR Statute - Farmer’s Markets Establishes the Farmer’s Market Nutrition Program as state-supported and state-funded to provide nutritionally at-risk individuals and families nutrition education and fresh, locally grown fruits, nuts and vegetables and expand awareness and individual use of farmers’ markets. Exempts raw food products such as fruits and vegetables from the state gross receipts tax. 1. Ark. Code Ann. § 20-83-102 (West 1993)
2. Ark. Code Ann. § 26-52-401 (West 2009)
N/A 1. April 19, 1993
2. April 7, 2009
CA Statutes - Farmer's Markets and Grocery Development Incentives Allows a group or association of produce sellers approved by the Food and Nutrition Service and actively participating in produce sales to initiate and operate an Electronic Benefit Transfer system in farmer’s markets and allows individual produce sellers to operate individual Electronic Benefit Transfer activities.  Authorizes state to apply for federal funds to promote healthy eating and award funds received to encourage sale and consumption of fresh fruits and vegetables. Establishes a Healthy Food Purchase pilot program to increase the sale and purchase of fresh fruits and vegetables in up to seven low-income communities.  Creates the Healthy Food Financing Initiative and related Fund to expand access to nutritious foods in underserved urban and rural communities and eliminate food deserts. 1. Cal. Welf. And Inst. Code § 10072 (West 2010)
2. Cal. Health and Safety Code § 131057.5 (West 2008)
3. Cal. Health and Safety Code § 104601 (West 2006)
4. Cal. Health and Safety Code § 104660 (West 2011)
N/A 1. Jan. 1, 2011
2. Jan. 1, 2012
3. July 1, 2009 (repealed Jan. 1, 2013)
4. Jan. 1, 2012
CT Statute - Farmer’s Market Establishes Farmer’s Market/WIC Nutrition Program to supply state-grown fresh produce to at-risk women participants and stimulate demand at farmer’s markets for produce. Conn. Gen. Stat. § 22-6h (West 2004) N/A June 1, 2004
DC Statutes and Regulation - Farmer’s Markets and Grocery Development Incentives Statute establishes a grocery store development program in areas underserved by retail sales of healthy food, for which eligibility is contingent upon selling fresh fruits and vegetables and accepting SNAP and WIC benefits.  Also establishes a Healthy Food Retail Program to provide grants, loans, and technical assistance to farmer’s markets where participants are encouraged to accept SNAP and WIC benefits and must sell or produce healthy foods for at least three years. Regulation establishes a policy to encourage and support gardening and produce markets. 1. D.C. Code §§ 2-1212.01 et seq. (2011)
2. D.C. Mun. Regs. subtit. 10-A, § 615 (2011)
D.C. Code § 1-306.01 (1984) 1. April 8, 2011
2. March 2, 2012
IA Statute - Farmer’s Markets and Grocery Development Incentives Establishes a Farmers’ Market Nutrition Program approved to participate in the WIC and Seniors’ Farmer’s Market Nutrition Programs. Iowa Code Ann. § 175B.3 (2007) N/A April 17, 2007
IL Statutes - Farmer's Markets and Infrastructure Development Incentives Creates the Farm Fresh Schools Program “to improve nutrition and public health, as well as strengthen local agricultural economies by increasing access to and promoting the consumption of locally grown fruits and vegetables in schools.”  Also creates the Farmer’s Market Technology Improvement Program “to increase access to fresh fruits and vegetables” through redeeming SNAP benefits at farmer’s markets. Established a task force to develop a plan for policy and funding recommendations to expand and support a state, local, and organic food system to be submitted to the General Assembly, recognizing that low-income communities may lack sufficient markets selling fresh fruits and vegetables and would benefit from local food distribution systems.  Establishes the Farmer’s Market task force in order to regulate farmer’s markets that offer consumers access to fresh fruits and vegetables.  Creates the Local Food, Farms, and Jobs Council to facilitate the growth of an Illinois-based local farm and food product economy that promotes healthy eating with access to fresh foods. 1. 105 Ill. Comp. Stat. 124/10 (2010)
2. 305 Ill. Comp. Stat. 43/10 (2010)
3. 505 Ill. Comp. Stat. 84/5 (2007)
4. 410 Ill. Comp. Stat. 625/3.3 (2011)
5. 30 Ill. Comp. Stat. 595/15 (2009)
N/A 1. Jan. 1, 2010
2. July 19, 2010
3. Aug. 14, 2007
4. Aug. 16, 2011
5. Aug. 18, 2009
KY Statutes - Farmer’s Market and Infrastructure Development Incentives Creates the Farmer’s Market Nutrition Program to enhance nutrition, which may provide fresh, locally grown produce to low income citizens, including but not limited to seniors and WIC recipients.  Includes appropriation for funds to support the Farms to Food Banks program to benefit farmers and the needy by providing fresh, locally grown produce to food pantries. 1. Ky. Rev. Stat. Ann. § 260.031 (West 2007)
2. Ky. Rev. Stat. Ann. ch. 47, app. A, pt. 1 (West 2011)
N/A 1. June 26, 2007
2. 2011
LA Statute – Grocery Development Incentives Establishes program to provide funding to healthy food retailers operating in rural and urban underserved communities to promote the sale and consumption of fresh fruits and vegetables, accessible also by WIC and SNAP benefits. La. Rev. Stat. Ann. § 3:296 (2011) N/A July 1, 2009
NJ Statutes – Farmers’ Markets and Infrastructure Development Incentives Authorizes Department of Agriculture to develop and assist the implementation of a pilot program to establish a mobile farmers’ market initiative that provides a consistent, easily-accessible source of fresh produce to residents of urban food desert communities.  Encourages and facilitates urban farming and gardens by nonprofit cultivation of previously vacant land through long term lease and sale of public property and exemption from property taxation due to the scarcity of full service supermarkets and farmer’s markets that result in a shortage of fresh fruits and vegetables. 1. N.J. Stat. Ann. §§ 4:10-25.4 et seq. (West 2011)
2. N.J. Stat. Ann. § 40A:12-15.1 (West 2011)
N/A 1. July 1, 2012
2. Last amended effective Jan. 5, 2012
 
NY Statutes - Farmer's Markets and Grocery Development Incentives Establishes a state grant program for farmer’s markets that sell fruits and vegetables, ensuring “an equitable distribution of awards to rural areas and other areas of the state” and expanding access to electronic benefit transfer technology for SNAP participants at farmer’s markets and other nontraditional food access points in food deserts in the state. Creates a Healthy Food and Healthy Communities Initiative to provide healthy, nutritious food grown under sustainable agricultural practices through cooperation with municipalities. 1. N.Y. Agric. & Mkts. Law § 262 (McKinney 2011)
2. N.Y. Unconsol. Laws § 6266-S (McKinney 2009)
N/A 1. March 31, 2011
2. April 7, 2009
PA Statutes – Farmer’s Markets and Infrastructure Development Incentives Creates Healthy Farms and Healthy Schools Act and grant program to supply and provide education on healthy foods, with a focus on locally grown foods.  Authorizes the Secretary of Agriculture to evaluate farmers’ market grant applications based on the potential to increase consumption of Pennsylvania-grown agricultural commodities, location in an underserved area, and the potential to provide increased access by federal and state food assistance program participants. 1. 3 Pa. Stat. Ann. §§ 2501 et seq. (2007)
2. 3 Pa. Stat. Ann. §§ 2401 et seq. (2006)
N/A 1. July 1, 2007
2. July 1, 2007
RI Regulation - Farmer's Markets and Infrastructure Development Incentives Authorizes farmer’s market checks to be issued to a WIC participant if nutrition education on fresh produce is provided. R.I. Admin. Code 30-1-40:1 (2010) None found July 5, 2010
TN Resolution - Farmer’s Markets Pledges to further the expansion and awareness of farmer’s markets and the contributions of farmers to daily life in the state as contributors of fruits and vegetables, among other goods, to consumers. H.J. Res. 1007, 2008 Leg. (Tenn. 2008) None found May 13, 2008
TX Statutes and Regulation - Farmer’s Markets and Infrastructure Development Incentives Statute conditions distribution of produce samples at municipally owned farmers’ markets on sanitary conditions. Regulation authorizes the state health agency to issue WIC benefits for farmer’s markets through the Farmer’s Market Nutrition Program and provide information on a harvest schedule with dates fresh fruits and vegetables are expected. 1. Tex. Health & Safety Code Ann. § 437.020 (Vernon 2005)
2. 25 Tex. Admin. Code § 31.12 (2006)
Tex. Agric. Code Ann. §§ 15.001 et seq. (Vernon 1989) 1. May 27, 2005
2. Aug. 5, 2006
WA Regulations - Farmer’s Markets and Infrastructure Development Incentives Authorizes Farmer’s Market Nutrition Program to allow WIC participants to have access to locally grown fresh, nutritious, unprepared fruits and vegetables and expand the awareness and use of farmer’s markets and the Electronic Benefit Transfer system.  1. Wash. Admin. Code §§ 246-780-001 et seq. (2008);
2. Wash. Admin. Code § 16-461-010 (2009)
Wash. Rev. Code Ann. § 43.70.120 (West 1989); Wash. Rev. Code Ann. § 43.70.700 (West 2008); Wash. Rev. Code Ann. §§ 15.17.030, 15.64.060 (West 1998) 1. June 12, 2008
2. June 1, 2009
 

Pricing Strategies through Subsidies and Incentives

This section refers to price incentives for low-sodium items that lower the cost of low-sodium products through subsidies and incentives.

State Type of Policy Brief Description Citation Authority Effective Date
AZ Regulation Includes fruits and vegetables in the SNAP program as tax exempt. Ariz. Admin. Code § 15-5-1860 (1980) Ariz. Rev. Stat. § 41-1003 (LexisNexis 1980) June 30, 1980
CA Statute Establishes Fresh Start Pilot Program to provide fresh fruits and vegetables for public school pupils, where fruits and vegetables that have not been deep fried shall be provided free of charge during the school day, and procurement decisions shall give priority to purchasing fresh fruits and vegetables from state producers. Cal. Educ. Code § 49565 (West 2005) N/A Sept. 15, 2005
CT Statute Conditions state grants, financial assistance, state loans or other state-funded incentives granted to grocery and food stores on certification as a “Connecticut Farm Fresh Market” by the Commissioner of Agriculture for stocking 15% or more of shelf space with retail produce and dairy from the state. Conn. Gen. Stat. Ann. § 22-38b (West 2003) N/A July 1, 2004
MD Regulation and Statute Regulation requires food stores or food store/pharmacy combination vendors to redeem WIC coupons for low-sodium canned fruits and vegetables. Statute exempts the sale of fruits and vegetables at a farmer’s market or at a public festival or event from licensure by a local jurisdiction. 1. Md. Code Regs. 10.54.03.13 (2011)
2. Md. Code. Ann., Health-Gen. § 21-304 (West 2010)
Md. Code. Ann., Health-Gen. §§ 2-104(b), 18-107(a), 18-108 (West 2011) 1. None found
2. Oct. 1, 2010
MS Statute and Regulations Statute exempts food products that are grown, made, or processed in the state and sold at farmer’s markets that have been certified by the Department of Agriculture and Commerce from sales taxes.  Regulation requires participants in the state Farmer’s Market Nutrition Program to be bona fide farmers who grow and harvest fresh produce on a property owned, rented or leased in the state by the farmer and produce a variety of fruits and vegetables to be sold at the farmer’s market on all market days during the program cycle. Regulation also includes fruits and vegetables in the SNAP program. 1. Miss. Code Ann. § 27-65-103 (West 2010)
2. 2-1-2 Miss. Code R. § 07 (Weil 2011)
3. 18-5-4 Miss. Code R. §B (Weil 2011)
Miss. Code Ann. § 69-1-13 (West 1987); Miss. Code Ann. § 21-19-41 (West 1968) 1. April 1, 2010
2. Aug. 25, 2011
3. None found
PA Policy Reimburses schools that implement the Nutrition Standards for Competitive Foods in PA Schools, which requires choosing foods for classroom parties that are moderate in sodium and limiting foods for fundraisers that are high in sodium. Pa. Dep’t of Educ., School Nutrition Incentive Program (2007)
 
24 Pa. Stat. Ann. §§ 13-1337.1 (2007); 14-1422.3(5) (West 2007) July 2008
SD Statute Exempts persons selling whole, intact fresh fruits or vegetables at a farmer’s market, roadside stand, or similar venue from licensure under health regulations. S.D. Codified Laws § 34-18-34 (2010) N/A March 10, 2010
TX Statutes and Regulation Statute conditions grant funding to food banks serving at-risk children for the purchase of nutritious foods, including fresh fruits and vegetables. Also conditions distribution of produce samples at municipally owned farmers’ markets on sanitary conditions. Regulation authorizes the state health agency to issue WIC benefits for farmer’s markets through the Farmer’s Market Nutrition Program and provide information on a harvest schedule with dates fresh fruits and vegetables are expected. 1. Tex. Agric. Code Ann. § 25.003 (Vernon 2009)
2. Tex. Agric. Code Ann. § 12.0026 (Vernon 2009)
3. Tex. Health & Safety Code Ann. § 437.020 (Vernon 2005)
4. 25 Tex. Admin. Code § 31.12 (2006)
Tex. Agric. Code Ann. §§ 15.001 et seq. (Vernon 1989) 1. Sept. 1, 2009
2. Sept. 1, 2009
3. May 27, 2005
4. Aug. 5, 2006
WA Statutes and Regulations Statute exempts requirements of Fresh Fruit Sales Limitation Act for fruits sold on contract to government.  Waives inspection requirements to the sale and transport of fruits and vegetables to a fruit or produce stand or farmer’s market in a quantity specified by rule.  Provides a property tax exemption on real and personal property owned by a nonprofit organization, association or corporation that is used for a farmer’s market. Creates Washington Grown Fresh Fruits and Vegetable Grant Program “to facilitate consumption of Washington grown nutritious snacks in order to improve student health and expand the market for locally grown fresh produce.”  Regulation authorizes Farmer’s Market Nutrition Program to allow WIC participants to have access to locally grown fresh, nutritious, unprepared fruits and vegetables and expand the awareness and use of farmer’s markets and the Electronic Benefit Transfer system. 1. Wash. Rev. Code Ann. § 15.21.070 (West 1965)
2. Wash. Rev. Code Ann. § 15.17.213 (West 1998)
3. Wash. Rev. Code Ann. § 84.36.020 (West 2010)
4. Wash. Rev. Code Ann. § 28A.235.170 (West 2008)
5. Wash. Admin. Code §§ 246-780-001 et seq. (2010)
6. Wash. Admin. Code § 16-461-010 (2009)
Wash. Rev. Code Ann. § 43.70.120 (West 1989); Wash. Rev. Code Ann. § 43.70.700 (West 2008); Wash. Rev. Code Ann. §§ 15.17.030, 15.64.060 (West 1998) 1. 1965
2. Last amended 1998
3. Last amended effective June 10, 2010 effective until Dec. 31, 2020
4. June 12, 2008
5. Last amended effective Nov. 15, 2010
6.  Last amended effective June 1, 2009
 

Other

State Type of Policy Brief Description Citation Authority Effective Date
CO Regulation Exempts retail operations dispensing only salted nuts in original coverings from regulation under retail food establishment laws. 6 Colo. Code Regs. § 1010-2:1-202 (2011) None found None found

 

State Laws Related to Dietary Sodium | Table of Laws Organized by State

* Procurement refers to state agency purchasing requirements.

Alabama

Policy Type Category of Survey Citation Authority Brief Description Effective Date
Policy Schools/Child Care - Sodium Limits Ala. State Dep’t of Educ., Healthy Snack Standards for Foods and Beverages at School (adopted July 12, 2005), http://cnp.alsde.edu/NutritionPolicy/AlaHealthySnackStandards.pdf Ala. Code § 16-3-12 (1975) Sets portion limits to 360mg for sodium in snacks, recommends cooking techniques to reduce sodium, and requires snacks without added sodium to be made available July 12, 2005

Arizona

Policy Type Category of Survey Citation Authority Brief Description Effective Date
Policy Schools/Child Care - Sodium Limits Ariz. Dep’t of Educ., Arizona Nutrition Standards (July 1, 2006)
http://www.azed.gov/wp-content/uploads/PDF/ArizonaNutritionStandards.pdf
Ariz. Rev. Stat. § 15-242 (LexisNexis 2005) Sets portion limits to 800mg for NSLP and non-NSLP entrees sold a la carte and 600mg for other snack items. July 1, 2006
Regu-lation Pricing Ariz. Admin. Code § 15-5-1860 (1980) Ariz. Rev. Stat. § 41-1003 (LexisNexis 1980) Includes fruits and vegetables in the SNAP program as tax exempt. June 30, 1980

Arkansas

Policy Type Category of Survey Citation Authority Brief Description Effective Date
Statute Farmer’s Markets 1. Ark. Code Ann. § 20-83-102 (West 1993)
2. Ark. Code Ann. § 26-52-401 (West 2009)
N/A Establishes the Farmer’s Market Nutrition Program as state-supported and state-funded to provide nutritionally at-risk individuals and families nutrition education and fresh, locally grown fruits, nuts, and vegetables and expand awareness and individual use of farmers’ markets. Exempts raw food products such as fruits and vegetables from the state gross receipts tax. 1. April 19, 1993
2. April 7, 2009

California

Policy Type Category of Survey Citation Authority Brief Description Effective Date
Statute Voluntary Labeling Cal. Health and Safety Code § 114094 (West 2008) N/A Promotes menu labeling and making sodium information available. Jan. 1, 2010; some provisions repealed Jan. 1, 2011 in anticipation of federal rules
Resolution Studies/Reports S. Res. 28, 2008 Leg. Ch. 107 (Ca. 2008), http://www.leginfo.ca.gov/pub/07-08/bill/sen/sb_0001-0050/sjr_28_bill_20080807_chaptered.pdf None found Urges FDA to respond to issue of sodium consumption by reclassifying sodium as an additive and urges USDA and HHS to respond by setting new food guidelines addressing the amount of sodium in foods. Aug. 7, 2008
Statute Task Forces Cal. Educ. Code § 49433, 4 (West 2003) N/A Authorizes school districts participating in pilot program to convene a Child Nutrition and Physical Activity Advisory Committee that shall recommend policies to the school district, including increasing the availability of fresh fruits and vegetables and provisions that encourage schools to make them available at all locations where food is sold. Jan. 1, 2003
Statutes Farmer’s Markets and Incentives 1. Cal. Welf. And Inst. Code § 10072 (West 2010)
2. Cal. Health and Safety Code § 131057.5 (West 2008)
3. Cal. Health and Safety Code § 104601 (West 2006)
4. Cal. Health and Safety Code § 104660 (West 2011)
N/A Allows a group or association of produce sellers approved by the Food and Nutrition Service and actively participating in produce sales to initiate and operate an Electronic Benefit Transfer system in farmer’s markets and allows individual produce sellers to operate individual Electronic Benefit Transfer activities. Authorizes state to apply for federal funds to promote healthy eating and award funds received to encourage sale and consumption of fresh fruits and vegetables. Establishes a Healthy Food Purchase pilot program to increase the sale and purchase of fresh fruits and vegetables in up to seven low-income communities. Creates the Healthy Food Financing Initiative and related Fund to expand access to nutritious foods in underserved urban and rural communities and eliminate food deserts. 1. Jan. 1, 2011
2. Jan. 1, 2012
3. July 1, 2009 (repealed Jan. 1, 2013)
4. Jan. 1, 2012
Statute Pricing Cal. Educ. Code § 49565 (West 2005) N/A Establishes Fresh Start Pilot Program to provide fresh fruits and vegetables for public school pupils, where fruits and vegetables that have not been deep fried shall be provided free of charge during the school day, and procurement decisions shall give priority to purchasing fresh fruits and vegetables from state producers. Sept. 15, 2005

Colorado

Policy Type Category of Survey Citation Authority Brief Description Effective Date
Statute Schools/Child Care – Procurement* - Advisory 1. Colo. Rev. Stat. Ann. § 22-32-136 (West 2005)
2. Colo. Rev. Stat. Ann. § 22-82.9-104 (West 2009)
N/A Encourages each school district’s Board of Education to adopt policies to ensure every student has access to fresh fruits and vegetables at appropriate times during the day, working to acquire fresh produce from Colorado sources whenever practical.  Creates child nutrition school lunch protection program, whose objectives include reducing the consumption of sodium. 1. Aug. 8, 2005
2. Aug. 5, 2009
Regulation Other 6 Colo. Code Regs. § 1010-2:1-202 (2011) None found Exempts retail operations dispensing only salted nuts in original coverings from regulation under retail food establishment laws. None found

Connecticut

Policy Type Category of Survey Citation Authority Brief Description Effective Date
Statute Mandatory Labeling Conn. Gen. Stat. Ann. § 21a-150g (West 2011) N/A Mandates that any container or package of bottled water display the number of milligrams of sodium per liter, unless under 20mg/L; prohibits those without labeling from using terms/classifications specified. 1986
Statute Farmer’s Markets Conn. Gen. Stat. § 22-6h (West 2004) N/A Establishes Farmer’s Market/WIC Nutrition Program to supply state-grown fresh produce to at-risk women participants and stimulate demand at farmer’s markets for produce. June 1, 2004
Statute Pricing Conn. Gen. Stat. Ann. § 22-38b (West 2003) N/A Conditions state grants, financial assistance, state loans, or other state-funded incentives granted to grocery and food stores on certification as a “Connecticut Farm Fresh Market” by the Commissioner of Agriculture for stocking 15% or more of shelf space with retail produce and dairy from the state. July 1, 2004

Washington, D.C.

Policy Type Category of Survey Citation Authority Brief Description Effective Date
Statute Schools/Child Care - Sodium Limits D.C. Code §§ 38-821.02, 38-822.02 (2010) N/A Establishes school meal nutritional standards, healthy vending, and school wellness requirements in public schools; requires public schools participation in federal meal programs; requires meals in elementary schools not to exceed 430mg for breakfast and 640mg for lunch, middle schools not to exceed 470mg for breakfast and 710mg for lunch, and high schools not to exceed 500mg for breakfast and 740mg for lunch. Aug. 1, 2020 (provided that schools gradually reduce the amount of sodium served)
Regulation Schools/Child Care - Sodium Limits D.C. Mun. Regs. tit. 29, § 373 (2011) D.C. Code §§ 7-2031 et seq. (2011) Ensures that child development facilities’ daily menus shall conform to USDA dietary recommendations for salt. April 27, 2007
Statutes and Regulation Farmer’s Markets and Incentives and Task Forces 1. D.C. Code §§ 2-1212.01 et seq. (2011)
2. D.C. Mun. Regs. subtit. 10-A, § 615 (2011)
3. D.C. Code §§ 2-1212.01 et seq. (2011)
D.C. Code § 1-306.01 (1984) Statute establishes a grocery store development program in areas underserved by retail sales of healthy food, for which eligibility is contingent upon selling fresh fruits and vegetables and accepting SNAP and WIC benefits.  Also establishes a Healthy Food Retail Program to provide grants, loans, and technical assistance to farmer’s markets where participants are encouraged to accept SNAP and WIC benefits and must sell or produce healthy foods for at least 3 years. Finally, creates a working group to develop a plan and prepare recommendations for the mayor and city council for a commercial distribution system for fresh produce and healthy foods to corner stores, and authorizes the Department of Small and Local Business Development to issue grants to help establish that plan.  Regulation establishes a policy to encourage and support gardening and produce markets. 1. April 8, 2011
2. March 2, 2012

Georgia

Policy Type Category of Survey Citation Authority Brief Description Effective Date
Statute Mandatory Labeling O.C.G.A. §§ 26-2-370, 26-2-373 (West 2008) N/A Preempts menu board labeling for sodium. July 1, 2008

Hawaii

Policy Type Category of Survey Citation Authority Brief Description Effective Date
Policy Schools/Child Care - Sodium Limits Haw. Bd. of Educ., Wellness Guidelines (2008), http://doe.k12.hi.us/foodservice/toolkit/nutritionstandards/ns2.htm Haw. Bd. of Educ., Policy 1110-6 (2006); Haw. Rev. Stat. § 302A-1112 (1996); Haw. Code. R. § 8-37-2 (Weil 1995) Sets limits on sodium in snacks to 200mg sodium in all foods served on school property. 2008

Idaho

Policy Type Category of Survey Citation Authority Brief Description Effective Date
Policy Schools/Child Care - Sodium Limits - Advisory Idaho State Dep’t of Educ. Child Nutrition Programs Office, New Nutrition Standards for Idaho School Meals Programs (2009) Idaho Code Ann. § 33-107 (2006) Sets limits on sodium to 2mg per calorie (voluntary adoption, but reviews conducted after August 2009 will determine compliance with the Nutrition Standards for Idaho School Meals). Aug. 2009

Illinois

Policy Type Category of Survey Citation Authority Brief Description Effective Date
Statutes Farmers’ Markets and Incentives 1. 105 Ill. Comp. Stat. 124/10 (2010)
2. 305 Ill. Comp. Stat. 43/10 (2010)
3. 505 Ill. Comp. Stat. 84/5 (2007)
4. 410 Ill. Comp. Stat. 625/3.3 (2011)
5. 30 Ill. Comp. Stat. 595/15 (2009)
N/A Creates the Farm Fresh Schools Program “to improve nutrition and public health, as well as strengthen local agricultural economies by increasing access to and promoting the consumption of locally grown fruits and vegetables in schools.”  Also creates the Farmer’s Market Technology Improvement Program “to increase access to fresh fruits and vegetables” through redeeming SNAP benefits at farmer’s markets.  Established a task force to develop a plan for policy and funding recommendations to expand and support a state, local, and organic food system to be submitted to the General Assembly in 2008, recognizing that low-income communities may lack sufficient markets selling fresh fruits and vegetables and would benefit from local food distribution systems. Establishes the Farmer’s Market task force in order to regulate farmer’s markets that offer consumers access to fresh fruits and vegetables.  Creates the Local Food, Farms, and Jobs Council to facilitate the growth of an Illinois-based local farm and food product economy that promotes healthy eating with access to fresh foods. 1. Jan. 1, 2010
2. July 19, 2010
3. Aug. 14, 2007
4. Aug. 16, 2011
5. Aug. 18, 2009

Indiana

Policy Type Category of Survey Citation Authority Brief Description Effective Date
Policy Policy - Sodium Limits - Corrections Ind. Dep’t of Corr., Healthy Diet Press Release (Oct. 19, 2009), http://www.in.gov/idoc/files/Healthy_Diet_Release.pdf In. Dept. of Corrections Policy & Admin. Procedures, The Development and Delivery of Foodservices (2009), http://www.in.gov/idoc/files/04-01-301_4-29-09.pdf; Ind. Code § 11-8-2-5(a)(8) (2009); Ind. Code § 11-11-4-1(a)(10) (1979) Requires that correctional meals be served with 20% less sodium than in previous correctional diet, among other nutritional requirements. Oct. 19, 2009

Iowa

Policy Type Category of Survey Citation Authority Brief Description Effective Date
Regulation Schools/Child Care - Sodium Limits Iowa Admin. Code r. 281-58.11(256) (2009) Iowa Code Ann. §§ 256.7, 256.9 (2009) Sets limits on sodium in a la carte, vending, and regulated fundraising items: for entrees to 600mg (reduced to 480mg by 2014) and sides to 400mg (reduced to 200mg by 2014). July 1, 2010
Statute Farmers’ Markets and Incentives Iowa Code Ann. § 175B.3 (2007) N/A Establishes a Farmers’ Market Nutrition Program approved to participate in the WIC and Seniors’ Farmer’s Market Nutrition Programs. April 17, 2007

Kentucky

Policy Type Category of Survey Citation Authority Brief Description Effective Date
Regulation Schools/Child Care - Sodium Limits 702 Ky. Admin. Regs. 6:090 (2006) Ky. Rev. Stat. Ann. § 156.160 (West 2005); Ky. Rev. Stat. Ann. § 158.854 (West 2005) Sets limits on sodium in foods sold, such that from 30 minutes after the last lunch period until the end of the day, food for sale in vending machines, school stores, canteens, or fundraisers shall not exceed: 300mg of sodium per serving for snack items (portion/pack size limited to 2oz for chips, crackers, popcorn, cereal, trail mix, nuts, seeds, or jerky); 450mg of sodium for pastas, meats, and soups; and 600mg of sodium for pizza, sandwiches, and other main dishes.  For schools without school breakfast programs on 2/3/2006, any breakfast food and beverage activity must abide by the foregoing nutritional standards. Last amended  effective April 1, 2011
Regu-lation Government - Sodium Limits - Elder Care 910 Ky. Admin. Regs. 1:190(11) (2011) Ky. Rev. Stat. Ann. § 194A.050 (West 2005); Ky. Rev. Stat. Ann. § 205.204 (West 2005) Requires that nutrition program for older persons has meal planning that restricts the use of salt “to maintain good health” in accordance with dietary reference intakes and Dietary Guidelines. None found
Statutes Farmers’ Markets and Incentives 1. Ky. Rev. Stat. Ann. § 260.031 (West 2007)
2. Ky. Rev. Stat. Ann. ch. 47, app. A, pt. 1 (West 2011)
N/A Creates the Farmer’s Market Nutrition Program to enhance nutrition, which may provide fresh, locally grown produce to low income citizens, including but not limited to seniors and WIC recipients. Includes appropriation for funds to support the Farms to Food Banks program to benefit farmers and the needy by providing fresh, locally grown produce to food pantries. 1. June 26, 2007
2. 2011

Louisiana

Policy Type Category of Survey Citation Authority Brief Description Effective Date
Regulation Government - Sodium Limits - Elder Care La. Admin. Code tit. 4, pt. VII, § 1223 (2011) La. Rev. Stat. Ann. § 46-931 (1992) Requires congregate meals prepared for the Older Americans Act nutrition program to: incorporate Dietary Guidelines standards, limit sodium “within the range of a ‘no added salt’ diet” (no more than 1000-1300mg of sodium per meal), be reviewed by the Governor’s Office of Elderly Affairs, and utilize fresh fruits and vegetables when in season. Last amended  effective May 2002
Resolution Resolutions Encouraging Efforts H. Res. 150, 2010 Leg. (La. 2010), http://house.louisiana.gov/H_Journals/H_Journals_All/2010_RSJournals/10RS-HJ_0505_22.pdf None found Directs Department of Social Services to assess efforts to date to promote healthy food choices among recipients of SNAP benefits, acknowledging that benefits may be used to purchase all foods, including items high in sodium. June 6, 2010
Regulations Studies/Reports La. Admin. Code tit. 28, pt. XLIX, §§ 701, 705, 709 (2006) La. Rev. Stat. Ann. § 17:191-199 (1950) Requires foods sold in schools to undergo computerized nutrient analysis that includes sodium (though without set quantity) and maintenance of manufacturer’s Nutrient Analysis and Nutrition Facts label that provides sodium information. Such information may be used to conduct nutrient analyses of menus, compare nutritional content of like or similar products, and serve as an incentive for food companies to improve the nutritional content of their products. Last amended effective May 2006
Statute Incentives La. Rev. Stat. Ann. § 3:296 (2011) N/A Establishes program to provide funding to healthy food retailers operating in rural and urban underserved communities to promote the sale and consumption of fresh fruits and vegetables, accessible also by WIC and SNAP benefits. July 1, 2009

Maine

Policy Type Category of Survey Citation Authority Brief Description Effective Date
Regulation Government - Sodium Limits - Elder Care 10-149-5 Me. Code R. § 65 (Weil 2011) Me. Rev. Stat. Ann. tit. 22, §§ 5113 et seq. (1973) Provides that Maine’s nutrition program’s “[m]enus must be prepared with no added salt, a minimum of fat and must include a variety of low fat, low sodium, low cholesterol and low sugar foods while striving to maintain overall menu appeal and acceptability to consumers.”  These menus must be planned 4 weeks in advance and approved and signed by a licensed dietitian at least 1 week prior to initial use, and kept on file for inspection by state Bureau of Elder and Adult Services. Sept. 1, 2004

Maryland

Policy Type Category of Survey Citation Authority Brief Description Effective Date
Statute and Regulation Pricing 1. Md. Code Regs. 10.54.03.13 (2011)
2. Md. Code. Ann., Health-Gen. § 21-304 (West 2010)
Md. Code. Ann., Health-Gen. §§ 2-104(b), 18-107(a), 18-108 (West 2011) Statute exempts the sale of fruits and vegetables at a farmer’s market or at a public festival or event from licensure by a local jurisdiction. Regulation requires food stores or food store/pharmacy combination vendors to redeem WIC coupons for low-sodium canned fruits and vegetables. 1. None found
2. Oct. 1, 2010

Massachusetts

Policy Type Category of Survey Citation Authority Brief Description Effective Date
Regulation Schools/Child Care - Sodium Limits 105 Mass. Code Regs. 225.200 (2011) Mass. Gen. Laws. ch. 111, § 223 (2010) Sets limits on competitive foods to 200mg sodium per item and a la carte entrees to 480mg sodium per item. Aug. 5, 2011
Executive Order Government - Procurement* - All Government Agencies Exec. Order No. 509, 1122 Mass. Reg. 37 (Jan. 23, 2009) Mass. Const. pt. 2, ch. 2, §1, art. 1 Requires food purchased and served to meet defined nutritional standards set by Department of Public Health (preamble citing decreasing sodium). July 1, 2009
Regulations Government – Recommendation - Congregate Care 651 Mass. Code Regs. 12.00 (2009); 651 Mass. Code Regs. 4.07 (2011) Mass. Gen. Laws. ch. 19A, § 6 (2009) 
 
Requires that Congregate Meals and Home Delivered Meals contain fresh or frozen vegetables, and, where canned, “the sodium content should be reviewed prior to use.” 1994
Regulation Mandatory Labeling 105 Mass. Code Regs. 520.109 (2011) Mass. Gen. Laws. ch. 94, §§ 192, 126, 10I, 65S-U, 119, 125 (2011) Exempts sodium labeling from the requirements for food nutrition labeling. Nov. 1, 2010
Statute Mandatory Labeling Mass. Gen. Laws. ch. 94, § 10E1/2 (1987) N/A Requires labeling of bottled water, including sodium content per serving of certain products, as determined by the Department of Public Health. 1987

Missouri

Policy Type Category of Survey Citation Authority Brief Description Effective Date
Regulation Government - Recommendation - Elder Care Mo. Code Regs. Ann. tit. 19, § 15-7.060 (2009) Mo. Ann. Stat. § 660.050 (West 1999) Provides that low-sodium meal modifications by nutrition service providers under the Division of Senior Services may be made for health, religious, or ethnic reasons for a 4g sodium diet; reducing salt to half the amount in baked goods recipes; eliminating adding salt or high sodium condiments in cooked foods; and providing a low sodium entrée or vegetable choice where a high sodium entrée or vegetable is on a regular menu. Aug. 28, 2001

Mississippi

Policy Type Category of Survey Citation Authority Brief Description Effective Date
Statute and Regu-lations Pricing 1. Miss. Code Ann. § 27-65-103 (West 2010)
2. 2-1-2 Miss. Code R. § 07 (Weil 2011)
3. 18-5-4 Miss. Code R. §B (Weil 2011)
Miss. Code Ann. § 69-1-13 (West 1987); Miss. Code Ann. § 21-19-41 (West 1968) Statute exempts food products that are grown, made, or processed in the state and sold at farmer’s markets that have been certified by the Department of Agriculture and Commerce from sales taxes.  Regulation requires participants in the state Farmer’s Market Nutrition Program to be bona fide farmers who grow and harvest fresh produce on a property owned, rented or leased in the state by the farmer and produce a variety of fruits and vegetables to be sold at the farmer’s market on all market days during the program cycle. Regulation also includes fruits and vegetables in the SNAP program. 1. April 1, 2010
2. Aug. 25, 2011
3. None found

Nevada

Policy Type Category of Survey Citation Authority Brief Description Effective Date
Policy Schools/Child Care - Sodium Limits Nev. Dep’t of Educ., Statewide School Wellness Policy (2005), http://wellness4you.nv.gov/WellnessPolicies/FinalWellnessPolicy_2_.pdf Nev. Rev. Stat. § 439.521 (2005) Sets limits on sodium for all foods given, earned or sold by and to students to 600mg/serving. July 1, 2005

New Jersey

Policy Type Category of Survey Citation Authority Brief Description Effective Date
Regulation Government - Recommendation - Health Care N.J. Admin. Code § 8:43-app. B (2011) N.J. Stat. Ann. §§ 26:2H-1 et seq. (West 2011)
 
Provides that standards for licensure of residential health care facilities located with and operated by licensed health care facilities include a daily food guide recommending using salt and sodium only in moderation when preparing foods. Last amended 2009; Code chapter expired Feb. 22, 2010, but provision still listed as current
Regu-lation Government - Recommendation - Health Care N.J. Admin. Code. § 5:27A-app. B (2011) N.J. Stat. Ann. § 52:27D-3 (West 2011) Provides that standards for licensure of residential health care facilities not located with and operated by licensed health care facilities included a daily food guide recommending using salt and sodium only in moderation when preparing foods. Last amended 2009; Code chapter expired June 11, 2011, but provision still listed as current
Statute Resolutions N.J. Stat. Ann.  § 26 :3E-16 (West 2011) N/A Declares in legislative findings that there is a strong link between diet and health, and that portion sizes are increasing so that a restaurant entrée can provide half of an individual’s total recommended daily allowance of sodium, so that it is in the public’s interest to enable families to make informed choices about diets. Jan. 17, 2011
Statutes Farmers’ Markets and Incentives 1. N.J. Stat. Ann. §§ 4:10-25.4 et seq. (West 2011)
2. N.J. Stat. Ann. § 40A:12-15.1 (West 2011)
N/A Authorizes Department of Agriculture to develop and assist the implementation of a pilot program to establish a mobile farmers’ market initiative that provides a consistent, easily-accessible source of fresh produce to residents of urban food desert communities. Encourages and facilitates urban farming and gardens by nonprofit cultivation of previously vacant land through long term lease and sale of public property and exemption from property taxation due to the scarcity of full service supermarkets and farmer’s markets that result in a shortage of fresh fruits and vegetables. 1. July 1, 2012
2. Last amended effective Jan. 5, 2012
 
Regu-lation Schools/Child Care - Sodium Limits W. Va. Code R. § 78-18-21 (2010) W. Va. Code §§ 49-2B-4, et seq. (2010) Requires that family child care facilities operators limit the use of snack foods with high salt content. July 1, 2007

New Mexico

Policy Type Category of Survey Citation Authority Brief Description Effective Date
Regu-lations Government - Recommendation - Congregate Care 1. N.M. Code R. § 7.13.2.73 (Weil 1988)
2. N.M. Code R. § 9.2.18.7 (Weil 2001)
N.M. Stat. Ann. §§ 9-7-6, 24-1-2(D), 24-1-3(I), 24-1-5 (1978) Requires nutritious mid-morning and mid-afternoon snacks that are planned to keep salt intake to a minimum to be offered to participants for adult day care facility licensure. Limits use of cured and processed meat items high in salt to two times a month for nutrition services. 1. 1988
2. May 31, 2001

New York

Policy Type Category of Survey Citation Authority Brief Description Effective Date
Policy Government - Procurement* - All Government Agencies N.Y. City Agency Food Standards, Part I: Standards for Meals/Snacks Purchased and Served (2009), http://www.nyc.gov/html/doh/downloads/pdf/cardio/cardio-vending-machines-standards.pdf Exec. Order No. 122, N.Y. City Legis. Annual (Sept. 19, 2008), http://www.nyc.gov/html/om/pdf/eo/eo_122.pdf Requires food purchased and served to follow guidelines for sodium limits, except those purchased foods that follow an agency’s sodium reduction plan over a three-year period. March 19, 2009
Regu-lation Mandatory Labeling N.Y. Comp. Code R. & Regs. tit. 10, § 5-6.12 (1991) N.Y. Public Health Law § 225 (McKinney 1991) Requires bottled water to be labeled with mg sodium per serving and net servings where sodium content information is provided. June 19, 1991
Statutes Farmers’ Markets and Incentives 1. N.Y. Agric. & Mkts. Law § 262 (McKinney 2011)
2. N.Y. Unconsol. Laws § 6266-S (McKinney 2009)
N/A Establishes a state grant program for farmer’s markets that sell fruits and vegetables, ensuring “an equitable distribution of awards to rural areas and other areas of the state” and expanding access to electronic benefit transfer technology for SNAP participants at farmer’s markets and other nontraditional food access points in food deserts in the state. Creates a Healthy Food and Healthy Communities Initiative to provide healthy, nutritious food grown under sustainable agricultural practices through cooperation with municipalities. 1. March 31, 2011
2. April 7, 2009

North Carolina

Policy Type Category of Survey Citation Authority Brief Description Effective Date
Regu-lations Government - Sodium Limits - Health Care 10A N.C. Admin. Code 6K.0203(2003) N.C. Gen. Stat. § 143B-181.1(c) (1997) Requires that dietary sodium is reduced to less than 1,300mg per meal for service agencies and congregate nutrition or home delivered meal services. Last amended effective July 1, 2003
Regulation Government - Recommendation - Congregate Care 10A N.C. Admin. Code 6R.0502 (2008) N.C. Gen. Stat. § 131D-6 (2001); N.C. Gen. Stat. § 143B-153 (2006) Requires adult day programs to offer mid-morning and mid-afternoon snacks daily that keep salt intake to a minimum for certification. Last amended effective Feb. 1, 2008
Res-olution Resolutions Encouraging Efforts H. Res. 670, 2011 Leg. (N.C. 2011), http://www.ncga.state.nc.us/Sessions/2011/Bills/House/PDF/H670v2.pdf N.C. Gen. Stat. § 120-20.1 (1987) Supports measures aimed at decreasing heart disease and stroke and encourages citizens to reduce sodium in diets. May 17, 2011
Statute Task Forces N.C. Gen. Stat. § 106-832 (West 2009) N/A Authorizes the North Carolina Sustainable Local Food Advisory Council to develop local food programs and policies for the state, and to consider an in-depth analysis of the possibility of promoting urban gardens and backyard gardens to improve the health of citizens, use idle urban property, and lower food costs for citizens during economic hardship. Aug. 28, 2009

Ohio

Policy Type Category of Survey Citation Authority Brief Description Effective Date
Regu-lation Government - Sodium Limits - Health Care Ohio Admin. Code § 173-4-05 (2009) Ohio Rev. Code Ann. §§ 173.02, 173.392 (West 2009) Requires dietary standards for sodium targeted to 767mg and no greater than 1,350mg per meal and reduced intake of certain high-sodium foods by meal service providers. March 13, 2009
Regu-lation Government - Recommendation - Health Care Ohio Admin. Code § 5101:3-31-09 (2006) Ohio Rev. Code Ann. §§ 173.40, 5111.02 (West 2006) Rescinds requirement to accommodate sodium-restricted diets in home-delivered meals to Medicaid recipients by homebound services. July 1, 2006
Statute Mandatory Labeling Ohio Rev. Code Ann. § 3717.53 (West 2008) N/A Preempts menu board labeling, including sodium information. March 24, 2008

Oklahoma

Policy Type Category of Survey Citation Authority Brief Description Effective Date
Regu-lation Government - Recommendation - Elder Care Okla. Admin Code § 340:105-10-75 (2009) Okla. Const., art. XXV, §§ 2, 3, 4; 21 Okla. Stat. Ann. tit. 19, § 1247 (2009) Requires congregate meals to be prepared or approved by a registered dietitcian who considers the special needs of older people, and planned to maintain optimal nutritional status reflected in menus moderate in salt. Last amended effective July 1, 2009
Statute Task Forces Okla. Stat. Ann. tit. 56, § 245 (West 2008) N/A Establishes the Oklahoma Food Security Committee to identify, implement, and monitor ways to encourage the use of home and community gardens for food production. July 1, 2007

Oregon

Policy Type Category of Survey Citation Authority Brief Description Effective Date
Statute and Regu-lation Mandatory Labeling Or. Rev. Stat. §§ 616.560, 616.570 (2009); Or. Admin. Regs. 333-015-0110 (2011) N/A Statute requires restaurant chains operating 15 or more restaurants in the United States to determine typical values for total mg sodium in foods, list daily intake amounts recommended by Department of Human Services in a conspicuous place where menu boards or food tags are used.   Regulation requires chain restaurants to make typical nutrient values, including mg sodium, for foods and condiments routinely used sold for 90 or more days each year available on site in written format on menus, menu boards, and food tags for items.  Jan. 1, 2010, subject to final change by the Oregon Office of the Legislative Counsel
Statute and Regu-lation Mandatory Labeling Or. Rev. Stat. § 616.575 (2009); Or. Admin. Regs. 333-015-0160 (2011) N/A Statute provides typical values for alcoholic beverages as: for wine, 7mg of sodium for a 5oz serving; for beer other than light beer, 14mg of sodium for a 12oz serving; and for light beer, 14mg of sodium for a 12oz serving. Regulation requires chain restaurants to provide nutrition information for alcoholic beverages offered for more than 90 days each year according to the typical values, combining total typical values for beer, wine, and other ingredients for mixed drinks. Jan. 1, 2010, subject to final change by the Oregon Office of the Legislative Counsel

Pennsylvania

Policy Type Category of Survey Citation Authority Brief Description Effective Date
Statute Education in Schools 3 Pa. Stat. Ann. §§ 2501 et seq. (2007) N/A Creates Healthy Farms and Healthy Schools Act and grant program to supply and provide education on healthy foods, with a focus on locally grown foods. July 1, 2007
Res-olution Education for Public S. Res. 112, 2009 Leg. (Pa. 2009), http://www.legis.state.pa.us/CFDOCS/Legis/PN/Public/btCheck.cfm?txtType=PDF&sessYr=2009&sessInd=0&billBody=S&billTyp=R&billNbr=0112&pn=0980 101 Pa. Stat. Ann. §17.45 (West 2001) Recognizes May 2009 as National High Blood Pressure Education Month in Pennsylvania, listing salt and sodium as risk factors for high blood pressure. May 2009
Statutes Farmers’ Markets and Incentives 1. 3 Pa. Stat. Ann. §§ 2501 et seq. (2007)
2. 3 Pa. Stat. Ann. §§ 2401 et seq. (2006)
N/A Creates Healthy Farms and Healthy Schools Act and grant program to supply and provide education on healthy foods, with a focus on locally grown foods.  Authorizes the Secretary of Agriculture to evaluate farmers’ market grant applications based on the potential to increase consumption of Pennsylvania-grown agricultural commodities, location in an underserved area, and the potential to provide increased access by federal and state food assistance program participants. 1. July 1, 2007
2. July 1, 2007
Policy Pricing Pa. Dep’t of Educ., School Nutrition Incentive Program (2007)
http://www.portal.state.pa.us/portal/server.pt/community/school_nutrition_incentive_program/7489
24 Pa. Stat. Ann. §§ 13-1337.1 (2007); 14-1422.3(5) (West 2007) Reimburses schools that implement the Nutrition Standards for Competitive Foods in PA Schools, which requires choosing foods for classroom parties that are moderate in sodium and limiting foods for fundraisers that are high in sodium. July 2008

Rhode Island

Policy Type Category of Survey Citation Authority Brief Description Effective Date
Regu-lations Schools/Child Care - Sodium Limits 1. 21-2-51 R.I. Code R. § 1 (Weil 2009)
2. 8-10-23 R.I. Code R. § 1 (Weil 2009)
R.I. Gen. Laws §§ 16-8-10, 16-8-10.1, 16-8-28, 16-21-28 (2009) Sets limits on sodium in school foods “to help students not exceed the 2,300mg daily tolerable upper intake level for sodium recommended” in the DGA in a phased in approach: for 2009-2010, 575mg (breakfast), 1,070mg (lunch, with 300mg for milk and breads), 1,000mg (soup), 350mg (afterschool snack), calculated based on weekly average of total sodium content of required meal components.  Sets state strategy to phase-in sodium restrictions to ensure that acceptable food products are commercially available to school districts and allows fruits to be served without the addition of salt. 1. Jan. 20, 2009
2. March 4, 2009
Regu-lation Education for Public; Farmers’ Markets and Incentives R.I. Admin. Code 30-1-40:1 (2010) None found Authorizes farmer’s market checks to be issued to a WIC participant if nutrition education on fresh produce is provided. July 5, 2010

South Dakota

Policy Type Category of Survey Citation Authority Brief Description Effective Date
Policy Resolutions S.D. Board of Education, Model Wellness Policy (Sept. 20, 2005), http://doe.sd.gov/cans/documents/Wellness_Policy.pdf S.D. Codified Laws § 13-35-1 (1997) Recommends standards for foods and beverages to local agencies, including that schools offer fruits and vegetables without added sodium and remove salt shakers from all tables. Sept. 20, 2005
Statute Pricing S.D. Codified Laws § 34-18-34 (2010) N/A Exempts persons selling whole, intact fresh fruits or vegetables at a farmer’s market, roadside stand, or similar venue from licensure under health regulations. March 10, 2010

Tennessee

Policy Type Category of Survey Citation Authority Brief Description Effective Date
Regu-lation Schools/Child Care - Sodium Limits Tenn. Comp. R. & Regs. 0520-1-6.04 (2009) Tenn. Code Ann. § 49-6-2307 (2009) Requires that local school districts comply with minimum nutritional standards for individual food items, including limiting sodium to: 230mg per serving for chips, cereals, crackers, French fries, baked goods, and other snack items; 480mg per serving for pastas, meats, and soups; and 600mg for pizza, sandwiches, and main dishes. Aug. 8, 2005; March 28, 2008
Res-olution Farmers’ Markets H.J. Res. 1007, 2008 Leg. (Tenn. 2008) None found Pledges to further the expansion and awareness of farmer’s markets and the contributions of farmers to daily life in the state as contributors of fruits and vegetables, among other goods, to consumers. May 13, 2008

Texas

Policy Type Category of Survey Citation Authority Brief Description Effective Date
Statute Resolutions Tex. Educ. Code Ann. § 38.013 (Vernon 2003) N/A Recognizes that competitive foods sold outside school meal programs are high in sodium. June 20, 2003, repealed June 17, 2005
Statutes Task Forces 1. Tex. Agric. Code Ann. §§ 15.001 et seq. (Vernon 1989)
2. Tex. Agric. Code Ann. §§ 50A.001 et seq. (Vernon 2001)
N/A Statute establishes the Texas Food for Health Advisory Council to promote the use of research programs by fruit and vegetable growers and state and federal agencies, and increase consumption of fruits and vegetables grown in the state.  Also establishes a farm-to-school coordination task force to promote a healthy diet for schoolchildren and develop a plan to facilitate the availability of locally grown food products in public schools.  1. Sept. 1, 2001
2. Sept. 1, 2009
Statutes and Regu-lation Farmers’ Markets and Incentives and Pricing 1. Tex. Agric. Code Ann. § 25.003 (Vernon 2009)
2. Tex. Agric. Code Ann. § 12.0026 (Vernon 2009
3.  Tex. Health & Safety Code Ann. § 437.020 (Vernon 2005)
4. 25 Tex. Admin. Code § 31.12 (2006)
Tex. Agric. Code Ann. §§ 15.001 et seq. (Vernon 1989) Statute conditions grant funding for food banks serving at-risk children on the purchase of nutritious foods, including fresh fruits and vegetables.  Also conditions distribution of produce samples at municipally-owned farmers’ markets on sanitary conditions.  Regulation authorizes the state health agency to issue WIC benefits for farmer’s markets through the Farmer’s Market Nutrition Program and provide information on a harvest schedule with dates fresh fruits and vegetables are expected. 1. Sept. 1, 2009
2. Sept. 1, 2009
3. May 27, 2005
4. Aug. 5, 2006

Utah

Policy Type Category of Survey Citation Authority Brief Description Effective Date
Regu-ulation Schools/Child Care - Sodium Limits Utah Admin. Code r. 277-719-4 (2008) Utah Const., art. X, §3; Utah Code Ann. §§ 53A-1-401(3), 53A-19-201(1), 53A-1-402(1)(e) (West 2008) Requires school districts and charter schools to adopt written policy for the sale of all foods that are not part of reimbursable lunch, breakfast or after-school snack programs that may prohibit foods with sodium content greater than 200mg/portion, excluding 100% fruits or vegetable juice, fruits, vegetables, nonfat or low-fat milk, yogurt, or cheese. July 2, 2008 or when existing contracts expire
Policy Government - Procurement* - Department of Health Utah Dep’t of Health, Bureau of Health Promotion, Healthy Food Policy (2009), http://health.utah.gov/hearthighway/pdfs/Healthy_Food_Policy_worksites.pdf Utah Admin. Code r. R33-2 (2003) Requires meals, snacks, and drinks purchased with Department of Health funds to include drinks and foods low in sodium and added sugars, among other nutritional requirements. None found
Statute Mandatory Labeling Utah Code Ann. §§ 10-8-44.5, 17-50-329 (2009) N/A Preempts regulations of dissemination of nutritional information by municipalities and counties. May 12, 2009

Vermont

Policy Type Category of Survey Citation Authority Brief Description Effective Date
Policy Schools/Child Care - Sodium Limits Vt. Dep’t of Health and Dep’t of Educ., Nutritional Guidelines for Competitive Food and Beverage Sales in Schools (Jan. 15, 2009), http://www.leg.state.vt.us/reports/2009ExternalReports/240670.PDF Vt. Act 203, Section 16 (June 10, 2008) Requires report to the legislature on Act 203, s. 16 that suggests limits on sodium to 230mg in foods, excepting low fat and fat free dairy and vegetables with sauce or soups (less than 480mg). July 1, 2011

U.S. Virgin Islands

Policy Type Category of Survey Citation Authority Brief Description Effective Date
Statute Schools/Child Care - Sodium Limits 2010 V.I. Sess. Laws 7179 (2010) N/A Limits K-12 foods sold under the control of the school district board to 360mg sodium for snacks, 450mg sodium for pre-packaged entrees, or more restrictive standards as established by the Department of Education Special Nutrition Program.  Requires the Program to determine whether districts are in compliance every year and report results to the Department of Education. Oct. 1, 2010

Virginia

Policy Type Category of Survey Citation Authority Brief Description Effective Date
Statute Schools/Child Care - Advisory Va. Code Ann. § 22.1-207.4 (West 2010) N/A Requires the Board of Health to promulgate regulations setting nutritional guidelines for competitive foods sold in school, including sodium. 2010

Washington

Policy Type Category of Survey Citation Authority Brief Description Effective Date
Policy Government - Sodium Limits - Corrections State of Wash. Dep’t of Corr., Nutritional Improvements Letter (Aug. 19, 2009), Wash. Rev. Code Ann. § 72.09.040 (West 1998) Requires that metabolic diet is available to offenders seeking 2,000 calorie and reduced sodium in their diet, sodium reductions in all meals. Oct. 1, 2009
Statutes and Regu-lations Farmers’ Markets and Incentives and Pricing 1. Wash. Rev. Code Ann. § 15.21.070 (West 1965)
2. Wash. Rev. Code Ann. § 15.17.213 (West 1998)
3. Wash. Rev. Code Ann. § 84.36.020 (West 2010)
4. Wash. Rev. Code Ann. § 28A.235.170 (West 2008)
5. Wash. Admin. Code §§ 246-780-001 et seq. (2010)
6. Wash. Admin. Code § 16-461-010 (2009)
Wash. Rev. Code Ann. § 43.70.120 (West 1989); Wash. Rev. Code Ann. § 43.70.700 (West 2008); Wash. Rev. Code Ann. §§ 15.17.030, 15.64.060 (West 1998) Statute exempts requirements of Fresh Fruit Sales Limitation Act for fruits sold on contract to government.  Waives inspection requirements to the sale and transport of fruits and vegetables to a fruit or produce stand or farmer’s market in a quantity specified by rule. Provides a property tax exemption on real and personal property owned by a nonprofit organization, association, or corporation that is used for a farmer’s market. Creates Washington Grown Fresh Fruits and Vegetable Grant Program “to facilitate consumption of Washington grown nutritious snacks in order to improve student health and expand the market for locally grown fresh produce.”  Regulation authorizes Farmer’s Market Nutrition Program to allow WIC participants to have access to locally grown fresh, nutritious, unprepared fruits and vegetables and expand the awareness and use of farmer’s markets and the Electronic Benefit Transfer system. 1. 1965
2. Last amended 1998
3. Last amended effective June 10, 2010; effective until Dec. 31, 2020
4.  June 12, 2008
5. Last amended effective Nov. 15, 2010
6. Last amended effective June 1, 2009

Wisconsin

Policy Type Category of Survey Citation Authority Brief Description Effective Date
Statute Schools/Child Care – Procurement* Wis. Stat. § 93.49 (2009) N/A Establishes farm to school program, requiring Department of Agriculture, Trade and Consumer Protection to identify impediments to provide locally produced fresh fruits and vegetables in school meals and snacks. May 27, 2010

West Virginia

Policy Type Category of Survey Citation Authority Brief Description Effective Date
Regu-lations Schools/Child Care - Sodium Limits 1. W. Va. Code R. §§ 126-86-4, 126-86-5 (2009)
2. W. Va. Code R. §§ 126-85-8, 126-85-104 (2009); W. Va. Code R. § 126-85-22 (2011).
 
W. Va. Const. art. XII, § 2; W. Va. Code §§ 18-2-5, 18-2-6a (2009) Limits sodium content of school lunches to 1,100mg and requires that other foods and beverages not add unnecessary sodium and limit sodium to 200mg per serving/package.  Recommends using sodium and salt in moderation per USDA School Meals Initiative and low-salt meat/meat-alternative daily per Standards for School Nutrition. 1. July 1, 2008
2. Sept. 11, 2002
Regu-lation Schools/Child Care - Sodium Limits W. Va. Code R. § 78-18-21 (2010) W. Va. Code §§ 49-2B-4, et seq. (2010) Requires that family child care facilities operators limit the use of snack foods with high salt content. July 1, 2007
 


[1] Several individuals collaborated on the development of these tables. Supporting research and editing was provided by Ashley DePaulis, M.P.H., policy associate, and Amy Winterfeld, J.D., program director in the Health Program at the National Conference of State Legislatures. Tara Ramanathan, J.D., M.P.H., a public health analyst at the Public Health Law Program in the Office for State, Tribal, Local and Territorial Support at the Centers for Disease Control and Prevention (CDC) provided legal research and analysis for this collaboration. The categorization of laws and policies was refined by Quang Dong, J.D., legal technical assistance director at ChangeLab Solutions. The categories for laws and policies were also refined with help from Janelle Peralez Gunn, R.D., M.P.H., and Jan Losby, Ph.D., at the Division for Heart Disease and Stroke Prevention in the National Center for Chronic Disease Prevention and Health Promotion at CDC.

The CDC Public Health Law Program, in collaboration with the CDC Division for Heart Disease and Stroke Prevention, conducts and assists with research and analysis of laws and policies related to dietary sodium as part of an ongoing effort to improve public health. Although technical assistance for this web page was provided by CDC, these materials are not a product of CDC and CDC’s involvement should not imply that CDC endorses any particular organization, service, or product.
The findings and conclusions in these materials are those of the authors and do not necessarily represent the official position of the Centers for Disease Control and Prevention, the Agency for Toxic Substances and Disease Registry or the U.S. Department of Health and Human Services.
Support for this research was provided in part by a grant from the Robert Wood Johnson Foundation’s Public Health Law Research program.