N.J.S.A. 18A:33-14 — Rules, regulations

18A:33-14. Rules, regulations 6. The Department of Agriculture, in consultation with the Department of Education, shall adopt rules and regulations, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), concerning the revision of school breakfast plans for schools that have a participation rate of less than 50% of eligible students in a school breakfast program during any year of the program, and other matters necessary to effectuate the purposes of this act L.2003,c.4,s.6. 18A:33-14a School breakfast, minimum nutritional standards, eligibility. 12. a. (1) School breakfasts made available to students under a school breakfast program or a breakfast after the bell program shall meet minimum nutritional standards, established by the United States Department of Agriculture. (2) Breakfasts that are offered, by a participating school district or nonpublic school, under a school breakfast program or a breakfast after the bell program, shall be made available, free of charge, to all students enrolled in the district or in the nonpublic school, as the case may be, who are determined to be federally eligible for free or reduced price meals. As provided by section 1 of P.L.2019, c.445 (C.18A:33-21.1), the unreimbursed costs of free breakfasts being made available, pursuant to this paragraph, to students who are federally eligible for reduced price breakfast, shall be borne by the State. (3) Notwithstanding any law, rule, or regulation to the contrary, breakfasts offered under a school breakfast program or a breakfast after the bell program shall also be made available, free of charge, to each enrolled student who is determined to be federally ineligible for free or reduced price meals, but who has an annual household income amounting to not less than 186 percent, and not more than 224 percent, of the federal poverty level, as determined pursuant to section 16 of P.L.2022, c.104 (C.18A:33-21b1). As provided by subsection b. of this section, the unreimbursed costs of free breakfasts being offered to federally ineligible students, pursuant to this paragraph, shall be borne by the State. b. The State shall provide funding to each school that operates a School Breakfast Program or a breakfast after the bell program, as may be necessary to reimburse the costs associated with the school's provision of free breakfasts, pursuant to paragraph (4) of subsection a. of this section, to students who are federally ineligible for free or reduced price meals. c. The Department of Agriculture, in consultation with the Department of Education, shall annually prepare and issue, to the Governor and, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), to the Legislature, a written report that identifies, for each participating school district and nonpublic school in the State: (1) the methods that are being used, by each such school or school district, to facilitate the prompt identification and subsidized meals certification of students who are categorically eligible or income-eligible for free or reduced price breakfast under the federal School Breakfast Program; (2) the total number and percentage of students receiving subsidized school breakfasts, in the preceding year, who have been determined to be, respectively, federally eligible for free school breakfast, federally eligible for reduced price school breakfast, income-eligible for free school breakfast on the basis of State-level income eligibility requirements, or neither categorically eligible nor income-eligible for free or reduced price school breakfast; and the number and percentage of all such students who are, respectively, from low-income families and from middle-income families; and (3) the methods that are being used, by each such school and district, to provide breakfast to students under the federal School Breakfast Program, including an indication as to whether breakfast is being provided to students through a breakfast after the bell program. d. The Department of Agriculture, in consultation with the Department of Education, shall adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), to implement the provisions of this section, including, but not limited to, rules and regulations establishing a schedule for, and identifying the manner in which, State-level reimbursements are to be made pursuant to subsection b. of this section. L.2022, c.104, s.12; amended 2023, c.336, s.5. 18A:33-14b Findings, declarations. 1. The Legislature finds and declares that: a. Child and adolescent obesity has reached epidemic levels in the United States and poor diet combined with the lack of physical activity negatively impacts students' health and their ability and motivation to learn. b. In New Jersey, the current obesity rate for children and adolescents between the ages of 10 and 17 is 14.8 percent, which is the 28th highest child and adolescent obesity rate in the nation. c. Over the past 15 years, policymakers have taken significant steps to implement new approaches through the National School Lunch Program and federal School Breakfast Program in order to address child and adolescent obesity. d. Federally subsided meal programs, which include the National School Lunch and federal School Breakfast Program, are required to have nutrition standards that meet specific dietary guidelines. These guidelines can help prevent chronic diseases like obesity, heart disease, high blood pressure, and Type 2 diabetes. e. Under the nutrition regulations adopted in July 2012 under the federal "Healthy, Hunger-Free Kids Act of 2010," public schools were required to reduce the amount of calories, fat, and sodium in school cafeterias and increase offerings of whole grains, fruits and vegetables, and nonfat milk to the roughly 32 million students who receive federally subsidized meals. f. Public schools have worked diligently to overcome operational challenges in the National School Lunch and federal School Breakfast Programs created by meeting sodium, whole grain-rich, and milk requirements and, by 2016, at least 90 percent of schools were compliant in every state. g. These stringent nutrition standards have helped to reduce the obesity rate for children and adolescents between the ages of 10 and 17. h. In April 2024, the United States Department of Agriculture adopted a final rule titled "Child Nutrition Programs: Meal Patterns Consistent with the 2020-2025 Dietary Guidelines for Americans" in 7 C.F.R. Part 210, Part 215, Part 220, Part 225, and Part 226, setting forth changes in child nutrition programs concerning nutrition requirements, menu flexibility, and program operations, to be effective for the 2025-2026 school year unless otherwise phased in. The changes were based on a comprehensive review of the Dietary Guidelines for Americans, stakeholder input on the meal patterns, and lessons from prior rulemaking. i. Pursuant to these federal regulations, 80 percent of weekly grains served must be whole grain-rich. j. The federal regulations also phase in new sodium content mandates and, beginning July 1, 2027, require schools to reduce the lunch meal sodium content by 15 percent and the breakfast meal sodium content by 10 percent. k. The federal regulations also impose new, lower product-based added sugar limits for breakfast cereals, yogurt, and flavored milk, beginning in the 2025-2026 school year. Flavored milk must not contain more than 10 grams of added sugars per eight fluid ounces. Beginning in the 2027-2028 school year, in addition to product based limits, added sugars must be less than 10 percent of calories per week in the school lunch and breakfast programs. l. It is important for public schools in the State to abide by the updated nutrition guidelines in the federal regulations at 7 C.F.R. Part 210, Part 215, Part 220, Part 225, and Part 226, in order for the State to continue to reduce the obesity rate for children and adolescents. m. These federal regulations provide flexibilities in meeting the standards and are also stricter in various areas. L.2025, c.104, s.1. 18A:33-14c National School Lunch Program, School Breakfast Program nutrition standards, compliance for participants. 2. a. A public school and a nonpublic school participating in the National School Lunch Program and the federal School Breakfast Program shall comply with the nutrition standards for the National School Lunch Program and federal School Breakfast Program and competitive foods sold in schools established in 7 C.F.R. Part 210, Part 215, Part 220, Part 225, and Part 226, as required to be implemented by July 1, 2027, as in effect on July 1, 2024, or any other more stringent nutrition standards adopted at the federal level in the future. b. All reimbursable meals under the National School Lunch Program and the federal School Breakfast Program shall comply with the current nutrition standards for the National School Lunch Program and federal School Breakfast Program established in 7 C.F.R. Part 210, Part 215, Part 220, Part 225, and Part 226, as required to be implemented by July 1, 2027, as in effect on July 1, 2024, or any other more stringent nutrition standards adopted at the federal level in the future. c. As used in this section, "competitive foods" means all food and beverage items sold at school other than meals served through the United States Department of Agriculture's school meal programs on the school campus at any time during the school day. L.2025, c.104, s.2.

This is the verbatim text of N.J.S.A. 18A:33-14, retrieved from the New Jersey Legislature's public statute corpus. Statutes are amended periodically — for the most current version, check the external source link above. Kyzer is not a law firm and this page is not legal advice.