Prohibits sale and distribution of food and beverages containing non-nutritive sweeteners in public and nonpublic schools.

S3224

SENATE, No. 3224

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED FEBRUARY 2, 2026

Sponsored by:

Senator� SHIRLEY K. TURNER

District 15 (Hunterdon and Mercer)

SYNOPSIS

���� Prohibits sale and distribution of food and beverages
containing non-nutritive sweeteners in public and nonpublic schools.

CURRENT VERSION OF TEXT

���� As introduced.

��

An Act
prohibiting certain food and beverage items sold and
distributed in schools and amending P.L.2007, c.45.

����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:

���� 1.��� Section 2 of P.L.2007,
c.45 (C.18A:33-16) is amended to read as follows:

���� 2.� a.� As of September 2007,
the following items shall not be served, sold or given away as a free promotion
anywhere on school property at any time before the end of the school day,
including items served in the reimbursable After School Snack Program:

���� (1)�� Foods of minimal
nutritional value, as defined by the United States Department of Agriculture;

���� (2)�� All food and beverage
items listing sugar, in any form, as the first ingredient; and

���� (3)�� All forms of candy as
defined by the New Jersey Department of Agriculture.

���� b.��� Schools shall reduce the
purchase of any products containing trans fats beginning September 1, 2007.

���� c.���� As of September 2007,
all snack and beverage items, sold or served anywhere on school property during
the school day, including items sold in a la carte lines, vending machines,
snack bars, school stores and fundraisers, or served in the reimbursable After
School Snack Program, shall meet the following standards:

���� (1)�� Based on manufacturers'
nutritional data or nutrient facts labels, no more than eight grams of total
fat per serving, with the exception of nuts and seeds, and no more than two
grams of saturated fat per serving;

���� (2)�� All beverages, other
than milk containing two percent or less fat, or water, shall not exceed a
12-ounce portion size; and whole milk may not exceed an eight-ounce portion;

���� (3)�� In elementary schools,
beverages shall be limited to milk, water or 100 percent fruit or vegetable
juices;

���� (4)�� In middle and high
schools, at least 60 percent of all beverages offered, other than milk or
water, must be 100 percent fruit or vegetable juice; and

���� (5)�� In middle and high
schools, no more than 40 percent of all ice cream and frozen desserts shall be
allowed to exceed the above standards for sugar, fat and saturated fat
.

���� d.��� Food and beverages
served during special school celebrations or during curriculum-related
activities shall be exempt from the provisions of this section, with the
exception of foods of minimal nutritional value as defined by the United States
Department of Agriculture
and food and beverages containing non-nutritive
sweeteners, as defined in 21 C.F.R. s.170.3
.

���� e.���� The provisions of this
section shall not apply to:

���� (1)�� Medically authorized
special needs diets as defined by the United States Department of Agriculture;

���� (2)�� School nurses using
foods of minimal nutritional value during the course of providing health care
to individual students; or

���� (3)�� Special needs students
whose Individual Education Plan indicates a particular diet.

����
f.���� Beginning on the
effective date of P.L.��� , c.���� (C.������� ) (pending before the Legislature
as this bill), no public or nonpublic school shall serve, sell, permit a third
party to sell, or give away as a free promotion anywhere on school property,
food or beverages containing non-nutritive sweeteners, as defined in 21 C.F.R.
s.170.3.

(cf: P.L.2007, c.45, s.2)

���� 2.� This act shall take effect
immediately.

STATEMENT

���� This bill would prohibit all
schools in the State from selling or distributing food and beverage items
containing non-nutritive sweeteners.� A non-nutritive sweetener, commonly
referred to as a sugar substitute or artificial sweetener, is defined under 21
C.F.R. s.170.3 as a substance having less than two percent of the caloric value
of sucrose per equivalent unit of sweetening capacity.