Relative to healthy school lunches

Reproduced from the official legislative record. Confirm the current text and status at the official source.

HOUSE . . . . . . . . No. 4562 The Commonwealth of Massachusetts ________________________________________ HOUSE OF REPRESENTATIVES, October 2, 2025. The committee on Education, to whom was referred the petition (accompanied by bill, House, No. 539) of Michael S. Day and Natalie M. Blais relative to nutrition in public schools, reports recommending that the accompanying bill (House, No. 4562) ought to pass. For the committee, KENNETH I. GORDON. 1 of 4 FILED ON: 9/19/2025 HOUSE . . . . . . . . . . . . . . . No. 4562 The Commonwealth of Massachusetts _______________ In the One Hundred and Ninety-Fourth General Court (2025-2026) _______________ An Act relative to healthy school lunches. Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows: 1

SECTION 1. Chapter 6 of the General Laws, as appearing in the 2022 Official Edition, is 2 hereby amended by inserting after section 15ZZZZZZ, the following section:- 3 Section 15AAAAAAA.The governor shall annually issue a proclamation setting apart 4 March 21 as Massachusetts Child Nutrition Day and recommending that the day be observed in 5 an appropriate manner by the people. 6

SECTION 2. Chapter 71 of the General Laws is hereby amended by inserting, after 7 section 99, the following new section:- 8 Section 100. (a) The purpose of this section is to ensure that the students of the 9 Commonwealth are appropriately nourished in order to support a healthier, livable and more 10 equitable future for all. 11 (b) For the purposes of this section, the following words shall have the following 12 meanings:- 2 of 4 13 (i)food service management company is defined as a commercial enterprise or a nonprofit 14 organization which is or may be contracted with by the school food authority to manage any 15 aspect of the school food service 16 (ii)entrée is defined as the meat/meat alternate category within the USDA’s Federal 17 Nutrition Standards 18 (iii)Fiber-rich” is defined as an entrée item that contains at least 14 g of fiber per 19 1000kcal from whole food sources such as whole grains, legumes, beans, pulses, fruits, and 20 vegetables 21 (iv)“Reimbursable meal” is any meal that meets the United States Department of 22 Agriculture (USDA) National School Lunch Program nutritional requirements for federal 23 reimbursement at 24 the annual allotted rate of any of the following: (a) free lunch; (b) reduced- price lunch; 25 or (c) paid lunch 26 (v) “ultra-processed food” is defined as industrial formulations of food substances never 27 or rarely used in kitchens (such as high-fructose corn syrup, hydrogenated or interesterified oils, 28 and hydrolysed proteins), or classes of additives designed to make the final product palatable, 29 appealing, or preservable (such as flavours, flavour enhancers, colours, emulsifiers, emulsifying 30 salts, sweeteners, thickeners, nitrates, nitrites, preservatives, and anti-foaming, bulking, 31 carbonating, foaming, gelling and glazing agents) 32 (c) Any food service management company selling food to Massachusetts public schools 33 for our children to consume shall ensure that at least 50% of the entrées sold and served for lunch 3 of 4 34 within school hours in schools, school districts, or other entities over the course of each week are 35 healthy foods containing whole grains, vegetables, fruits, legumes and other fiber-rich proteins 36 as part of a reimbursable meal offering within the federal National School Lunch Program. 37 (d) No food service provider may sell or serve in Massachusetts public schools, school 38 districts, or other entities more than 20% of entrée items that meet one or more of the following: 39 qualify as ultra-processed; have a nutritional composition that includes more than 30 milligrams 40 of cholesterol more than 5% of the entrées’ total calories come from saturated fat as part of a 41 weekly reimbursable meal offering within the federal National School Lunch 42 (e) Each food service provider selling food to Massachusetts public schools for school 43 children to consume, shall keep itemized nutrition data that is made publicly available on a 44 monthly basis to demonstrate compliance with this statute. 45 (f) Each food service management company will have a phase in period of three years 46 following the initial date of their most recent contract with their respective school food authority 47 or by the first day of the school calendar year 2033-2034, whichever comes first. 48

SECTION 3. The board of elementary and secondary education shall establish a school 49 meal nutrition standards advisory council to advise the commissioner of elementary and 50 secondary education on implementation of the recommendations of the school meal nutrition 51 standards commission established in section 77 of chapter 28 of the acts of 2023. The council 52 shall 1) provide ongoing guidance in the development of comprehensive strengthened nutrition 53 standards aligned with the most current public health guidance and evidence-based nutrition 54 standards, 2) provide ongoing feasibility assessments, 3) work with school food authorities and 55 stakeholders to reduce barriers to feasibility of implementation on issues including but not 4 of 4 56 limited to procurement, facilities and workforce training. The members of the council shall serve 57 without compensation but may be reimbursed, subject to appropriation, for expenses necessarily 58 and reasonably incurred in the performance of the member’s responsibilities. The council shall 59 consist of 11 members including 6 members to be appointed by the governor, who shall be 60 school nutrition operators or registered dieticians representing geographically, racially and 61 socioeconomically diverse school districts across the commonwealth; a representative from 62 Project Bread – The Walk for Hunger, Inc.; a representative from the School Nutrition 63 Association of Massachusetts, Inc.; and a representative from the Massachusetts Healthy School 64 Lunch Coalition. Members shall be appointed for a term of 3 years. Members serving on the 65 council shall represent a reasonable statewide geographic balance. The council shall meet not 66 less than four times each year. The council shall elect a chair to serve for a term of three years 67 who may appoint other officers as necessary.

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