S4701

An Act concerning school lunches, amending P.L.2019, c.307, and amending and supplementing P.L.2022, c.104 (C.18A:33-3.2 et al.).

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

1. Section 1 of P.L.2022, c.104 (C.18A:33-3.2) is amended to read as follows:

1. As used in this chapter:

“Categorically eligible” means that a student is homeless, is a migrant child, is a runaway child, is a foster child, or is a Head Start child, as defined in 7 C.F.R. Part 245, or is receiving assistance under the Supplemental Nutrition Assistance Program (SNAP), the Temporary Assistance for Needy Families Program (TANF), the Food Distribution Program on Indian Reservations (FDPIR), or, to the extent that the United States Department of Agriculture authorizes the matching of Medicaid data to identify children who are eligible for free school meals, is a participant in the Medicaid program, and which student, by virtue of such status, is automatically eligible to be certified to receive free school meals under the National School Lunch Program or the federal School Breakfast Program, without first submitting an application or being subject to the federal income verification requirements established by 7 C.F.R. Part 245.

“Community Eligibility Provision” means a type of special assistance alternative, identified at 7 C.F.R. Part 245, pursuant to which the United States Department of Agriculture provides reimbursement for free school meals that are provided by eligible, high-poverty local educational agencies and schools that participate in both the National School Lunch Program and the federal School Breakfast Program.

“Electing student” means a student, enrolled at a school that participates in a school lunch program, who, by virtue of a notice of election submitted on the student’s behalf pursuant to subsection b. of section 2 of P.L. c., (C. ) (pending before the Legislature as this bill), is entitled to daily select and receive a plant-based meal as part of the school’s regular lunch service.

“Eligible student” means a student who is categorically eligible or income-eligible for one or more subsidized school meals.

“Emergency meals distribution program” means a program, established under section 1 of P.L.2020, c.6 (C.18A:33-27.2), pursuant to which a school district is required to provide subsidized school meals to eligible students, through designated distribution sites, during any period in which a school in the district is subject to a public health-related closure due to the COVID-19 pandemic.

“Federal School Breakfast Program” means the federal reimbursement program, established under the “Child Nutrition Act of 1966,” 42 U.S.C. s.1771 et seq., pursuant to which the United States Department of Agriculture is authorized to provide grants-in-aid and other assistance to the States, as may be necessary to help finance the establishment, maintenance, operation, and expansion of school breakfast programs and facilitate the provision of free and reduced price breakfasts to eligible students.

“Federally eligible for free or reduced price meals” or “federally eligible” means that a student is categorically eligible for free lunch under the National School Lunch Program or for free breakfast under the federal School Breakfast Program, or that the student satisfies federal income eligibility requirements, adopted by the United States Department of Agriculture pursuant to 7 C.F.R. Part 245, as is necessary to federally qualify for and receive free or reduced price lunch under the National School Lunch Program or free or reduced price breakfast under the federal School Breakfast Program.

“Federally ineligible for free or reduced price meals” or “federally ineligible” means that a student is not categorically eligible for, and fails to satisfy federal income eligibility requirements, adopted by the United States Department of Agriculture pursuant to 7 C.F.R. Part 245, as is necessary for the student to federally qualify for and receive free or reduced price lunch under the National School Lunch Program or free or reduced price breakfast under the federal School Breakfast Program.

“Income-eligible” means that a student either satisfies federal income eligibility requirements, adopted by the United States Department of Agriculture pursuant to 7 C.F.R. Part 245, or satisfies State-level income eligibility requirements, set forth in subsection a. of section 1 of P.L.1974, c.53 (C.18A:33-4) or subsection a. of section 12 of P.L.2022, c.104 (C.18A:33-14a), as is necessary for the student to qualify for and receive subsidized lunch under the National School Lunch Program or subsidized breakfast under the federal School Breakfast Program, on the basis of income.

“Low-income family” means a family with an annual household income amounting to not more than 185 percent of the federal poverty level.

“Middle-income family” means a family with an annual household income amounting to not less than 186 percent, and not more than 224 percent, of the federal poverty level.

“National School Lunch Program” means the federal reimbursement program established under the “Richard B. Russell National School Lunch Act,” 42 U.S.C. s.1751 et seq., pursuant to which the United States Department of Agriculture is authorized to provide grants-in-aid and other assistance to the States, as may be necessary to help finance the establishment, maintenance, operation, and expansion of school lunch programs and facilitate the provision of free and reduced price lunches to eligible students.

“Participating school” means a public or nonpublic school that provides daily lunch to enrolled students, through a school lunch program operated pursuant to the National School Lunch Program, or that provides daily breakfast to enrolled students, through a school breakfast program or breakfast after the bell program operated pursuant to the federal School Breakfast Program, or both.

“Participating school district or nonpublic school” means a public school district or a nonpublic school that is required, or elects, to participate in the National School Lunch Program, the federal School Breakfast Program, or both, as the case may be.

“Plant-based meal” means a school lunch meal, which is offered, during the regular lunch service, to students electing such meal pursuant to section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill), which is similar in quality, quantity, and preparation complexity to other school meals, and which does not contain any animal products, or any ingredients or other components derived from animal products, of any kind, including, but not limited to, meat, poultry, fish, dairy, or eggs, but may contain plants, plant products, and ingredients or other components derived from plants or plant products, including, but not limited to, fruits, vegetables, grains, nuts, seeds, legumes, and mushrooms or other edible, non-toxic fungi.

“Regular lunch service” means the daily school lunch program meal service operated by a school nutrition team, throughout the course of the regular school year, and pursuant to which school lunches are daily offered and served, during normal lunch hours, to students who are enrolled, and are in attendance, at a participating school.

“School breakfast program” means a program that is established and operated by a public or nonpublic school, in accordance with the requirements of the federal School Breakfast Program and, in the case of a public school, in accordance with a plan adopted pursuant to section 2 of P.L.2003, c.4 (C.18A:33-10) or section 6 of P.L.2022, c.104 (C.18A:33-10.1), and pursuant to which the school offers daily breakfasts to all enrolled students.

“School food authority” means a participating school or school district that is authorized by law to provide school lunch program or school breakfast program services, or both, to students enrolled therein, or a third-party food service vendor that is contractually authorized to provide school lunch program or school breakfast program services to students enrolled in a participating school.

“School lunch program” means a program that is established and operated by a school district, or by a nonpublic school, in accordance with the requirements of the National School Lunch Program and the provisions of section 1 of P.L.1974, c.53 (C.18A:33-4), and pursuant to which the district or nonpublic school offers daily lunches to all students enrolled therein.

“School nutrition team” means and includes all staff and administrators employed or contracted by a school, school district, or other school food authority, including, but not limited to, nutritionists, dietitians, cooks, food service providers, and food service managers, who are responsible for the planning, preparation, and service of school meals to students enrolled in a participating school.

“Special assistance alternative” means a special nutrition assistance alternative federal reimbursement method that is authorized by the United States Department of Agriculture, pursuant to 42 U.S.C. s.1759a and 7 C.F.R. Part 245, for eligible schools that serve free meals to all enrolled students. “Special assistance alternative” includes Provision 2, Provision 3, and the Community Eligibility Provision, as described in 7 C.F.R. Part 245, as well as any other similar alternative reimbursement method that is authorized by the United States Department of Agriculture, now or in the future, for schools that serve free meals to all enrolled students.

“Student” means a child 18 years of age or younger who is enrolled at a school in the State.

“Subsidized school breakfast” or “subsidized breakfast” means a school breakfast that is offered to an eligible student, free of charge, and the costs of which are reimbursed by the State or federal government, as provided by subsections a. and b. of section 12 of P.L.2022, c.104 (C.18A:33-14a).

“Subsidized school lunch” or “subsidized lunch” means a school lunch that is offered to an eligible student, free of charge, and the costs of which are reimbursed by the State or federal government, as provided by subsections a. and b. of section 1 of P.L.1974, c.53 (C.18A:33-4).

“Subsidized school meals” or “subsidized meals” includes both subsidized school breakfasts and subsidized school lunches.

“Subsidized school meals application” means an application that identifies a student’s annual household income and is completed by the student’s parent or guardian, pursuant to section 16 of P.L.2022, c.104 (C.18A:33-21b1), subsection c. of section 1 of P.L.2015, c.15 (C.18A:33-21), or applicable federal law, and which may be used by a school district, or by a public school or nonpublic school, both for the purposes of determining whether a student is income-eligible for subsidized school meals and for the other limited purposes specified in subsection c. of section 16 of P.L.2022, c.104 (C.18A:33-21b1).

“Subsidized school meals certification process” or “subsidized meals certification” means the process pursuant to which a school or school district obtains and reviews a student’s subsidized school meals application, or engages in the review of other relevant documentation and materials pertaining to the student, as necessary to determine whether the student is categorically eligible or income-eligible for subsidized school meals under the National School Lunch Program, or under the federal School Breakfast Program, or both.

“Summer Food Service Program” means the federal reimbursement program, established under 42 U.S.C. s.1761 and 7 C.F.R. Part 225, pursuant to which the United States Department of Agriculture is authorized to provide grants-in-aid and other assistance to the States, as may be necessary to help schools, local government agencies, nonprofit organizations, colleges and universities, and summer camps finance the administrative and operational costs of providing meals to children, in low-income areas, during the summer months and other planned periods of school closure.

“Summer meals program” means the Summer Food Service Program, the Seamless Summer Option authorized by 42 U.S.C. s.1761, or any other similar State or federal program that is designed to ensure that children have access to nutritious meals during the summer months and other planned periods of school closure.

“Unreimbursed costs” means the costs of a school lunch or school breakfast, which costs are not eligible for reimbursement from the federal government.

“Unsubsidized school breakfast” or “unsubsidized breakfast” means a school breakfast that is offered, upon the payment of a fee, to a student who is neither categorically eligible nor income-eligible for subsidized breakfast, regardless of whether such student remains income-eligible for subsidized school lunch under the provisions of paragraph (4) of subsection a. of section 1 of P.L.1974, c.53 (C.18A:33-4), and the cost of which breakfast is not reimbursable by the State or federal government.

“Unsubsidized school lunch” or “unsubsidized lunch” means a school lunch that is offered, upon the payment of a fee, to a student who is not categorically eligible or income-eligible for subsidized lunch, and the cost of which is not reimbursable by the State or federal government.

(cf: P.L.2023, c.336, s.1)

2. (New section) a. Commencing with the school year next following the date of enactment of P.L. , c. (C. ) (pending before the Legislature as this bill), and on an annually recurring basis in each school year thereafter, each school nutrition team that manages or oversees the provision of school lunches to students at a participating school in the State shall incorporate, as part of the meal offerings that are daily offered to students at the school during the regular lunch service, at least one type of plant-based meal, in a quantity sufficient to enable the daily selection and receipt of such plant-based meal, throughout the school year, by all students at the participating school who have elected such meal pursuant to subsection b. of this section.

b. A student enrolled in a participating school shall be entitled to select and receive a plant-based meal, which is daily offered by the school nutrition team pursuant to subsection a. of this section, provided that the student, or the student’s parent or guardian, has first submitted prior written notice to the school food authority, in a form and manner prescribed thereby, formally electing, on the student’s behalf, the option of the student to select and receive such plant-based meals as part of the regular lunch service.

c. Within 30 days after the receipt of written notice, pursuant to subsection b. of this section, confirming a student’s election to select and receive a plant-based meal during the regular lunch service, the recipient school food authority shall provide for and facilitate an increase, by the school nutrition team, in the total quantity of plant-based meals which are daily made available to students during the regular lunch service, as necessary to ensure the right and opportunity of the newly electing student, and all other students for whom the requisite election notice has been submitted pursuant to subsection b. of this section, to daily select and receive at least one plant-based meal, during each regular lunch service, as provided by this section, throughout the remainder of the school year. The right of a newly electing student to daily select and receive a plant-based meal, as provided by this section, shall not attach until the 30-day preparation timeframe, set forth in this subsection has elapsed following the submission of the student’s election notice pursuant to subsection b. of this section.

d. All plant-based meals offered and served to electing students, pursuant to this section, shall satisfy the nutritional and dietary standards that have been established, by the United States Department of Agriculture, for school lunches.

e. The State Department of Agriculture and State Department of Education shall cooperatively monitor and individually or cooperatively enforce ongoing compliance with the provisions of this section. In order to facilitate compliance monitoring and enforcement pursuant to this subsection, each public school, at the end of each full school year, shall annually prepare and submit, to the Department of Agriculture and the Department of Education, in a form and manner prescribed by each department, a written report identifying:

(1) the types of plant-based meals that have been offered to electing students, during the school year, through the regular lunch service;

(2) the total number of election notices that were submitted, pursuant to subsection b. of this section, on behalf of electing students enrolled at the school during the school year, and the total number of election notices which have been fulfilled by the school nutrition team, pursuant to subsection c. of this section; and

(3) the nature of any challenges encountered in association with the implementation of this act, including, but not limited to, challenges that have served to prevent or hinder the timely or consistent provision of plant-based meals to all electing students, on a daily basis throughout the school year, as required by this section.

f. The Department of Agriculture, in consultation with the Department of Education, shall establish standards, guidelines, strategies, and informational and educational resources to effectuate the efficient and cost-effective provision of nutritious, plant-based meals to electing students, as provided in this section, including, but not limited to, standards, guidelines, strategies, and resources that are designed to facilitate:

(1) the development and provision of appropriate plant-based meals, as school lunch offerings, for the purposes of this section;

(2) the provision of appropriate training, to school nutrition teams, as necessary to enable their effective and efficient daily provision of plant-based meals to all electing students, in accordance with the provisions of this section;

(3) the timely and accurate processing and management, and long-term retention, by school food authorities, of election notices received pursuant to subsection b. of this section; and

(4) the making of timely and accurate determinations regarding the types and total quantity of plant-based meals that are to be daily offered, by a school nutrition team, as necessary to ensure and facilitate the right of all electing students to daily select and receive such plant-based meal as part of the regular lunch service.

3. Section 1 of P.L.2019, c.307 (C.18A:33-27.1) is amended to read as follows:

1. a. Each school food authority that provides a food service to students enrolled in a participating school district or nonpublic school in the State shall, in the two languages that are most commonly spoken in the homes of students in each participating school served by the school food authority:

(1) develop and implement an educational campaign to inform the parents and guardians of such students about: (a) the various school meals programs that are available for students in New Jersey[, and about]; (b) the availability of subsidized school meals, under such school meals programs, for students who are categorically eligible or income-eligible therefor; and (c) the availability of plant-based meals, during the regular lunch service, for students who elect a plant-based meal pursuant to subsection b. of section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill); and

(2) develop promotional materials for the State’s school meals programs, and provide copies of the promotional materials to each school that is served by the school food authority in the State, for distribution, by school staff, to the parents and guardians of students enrolled at the school. The school food authority shall utilize existing resources, which have been made available by the United States Department of Agriculture and the New Jersey Department of Agriculture, in developing promotional materials for the purposes of this paragraph. The promotional materials shall include, but need not be limited to, pamphlets, presentation materials, webinars, and sample letters that schools may send to parents and guardians.

b. The educational campaign and promotional materials developed under subsection a. of this section shall:

(1) satisfy the standards, and comply with the guidelines, established by the Department of Agriculture, in consultation with the Department of Education, pursuant to subsection c. of this section;

(2) highlight and promote the nature, purposes, value, and importance of the National School Lunch Program, the federal School Breakfast Program, the federal Summer Food Service Program, and other similar summer meals programs, as well as the State’s breakfast after the bell programs, established pursuant to section 1 of P.L.2014, c.66 (C.18A:33-11.1) or section 2 of P.L.2018, c.25 (C.18A:33-11.3), the State’s emergency meals distribution programs, established pursuant to section 1 of P.L.2020, c.6 (C.18A:33-27.2), and any new school meals programs that are implemented in the State after the effective date of P.L.2022, c.103;

(3) emphasize the importance of providing a nutritious meal to all children for their general health and success in school;

(4) emphasize and promote the ability of eligible students to obtain subsidized meals under the State’s school meals programs, inform parents and guardians about the various ways in which a student may be determined to be categorically eligible or income-eligible therefor, and identify the federal and State-level criteria that must be satisfied in order for a student to obtain subsidized school meals, under these programs, on the basis of annual household income;

(5) highlight and describe the application and determination processes that are used, by schools and school districts, to certify categorically eligible and income-eligible students for subsidized school meals;

(6) highlight and describe the rights that are applicable to students and families in association with a student’s receipt of subsidized or unsubsidized school meals in the State; [and]

(7) inform parents and guardians about the nature and extent of any proposed or implemented expansion of the existing school meals programs in the State, including, but not limited to, the nature and extent of any proposed or implemented expansion of the categories of students who are eligible for subsidized school meals under such programs; and

(8) inform parents and guardians about the right of electing students to select and receive a plant-based meal during the regular lunch service, and the process that may be used, pursuant to section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill), to elect a plant-based meal.

c. (1) Within 60 days after the effective date of P.L.2022, c.103, the Department of Agriculture, in consultation with the Department of Education, shall adopt standards and guidelines to ensure the uniformity and accuracy of school meals-related information being presented by school food authorities as part of the educational campaigns conducted, and in the promotional materials distributed, pursuant to this section.

(2) Within 60 days of the effective date of P.L.2022, c.103, and on a periodic basis thereafter, as necessary, the Department of Education shall provide, to each school food authority that offers a food service to students at a participating school in the State, information concerning the two languages that are most commonly spoken in the homes of students enrolled at each such participating school served thereby. The Department of Education shall periodically, and at least every five years, verify the two languages that are most commonly spoken in the homes of students in each such participating school.

d. As used in this section:

“School food authority” shall mean the school, school district, or third-party food service vendor, as applicable.

(cf: P.L.2023, c.336, s.12)

4. The Secretary of Agriculture and the Commissioner of Education, acting in consultation with one another, may adopt rules and regulations, pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), as may be necessary to implement the provisions of this act and ensure the effective and efficient provision of plant-based meals to all electing students thereunder.

5. This act shall take effect on the first day of the first full school year next following the date of enactment, except that the Department of Agriculture, the Department of Education, and any school food authority operating in the State shall be authorized to take anticipatory administrative action, in advance of the effective date, as may be necessary to implement this act and effectuate the provision of plant-based meals to all electing students, during the regular lunch service, in accordance therewith.

STATEMENT

This bill would require each school nutrition team that manages or oversees the provision of school lunches to students at a school in the State, under the National School Lunch Program, to incorporate, as part of the meal offerings that are daily offered to students at the school, during the regular lunch service, at least one type of plant-based meal, in a quantity sufficient to enable the daily selection and receipt of such plant-based meal, throughout the school year, by each student at the school who has formally elected to receive plant-based meals, in accordance with the process set forth in the bill.

Under the bill’s provisions, any student who is enrolled in a school where school lunch is being offered, under the National School Lunch Program, would be entitled to select and receive a plant-based meal, which is daily offered by the school nutrition team during the regular lunch service, so long as the student, or the student’s parent or guardian, has first submitted prior written notice to the school food authority, in a form and manner prescribed thereby, formally electing, on the student’s behalf, the right of the student to daily select and receive a plant-based meal.

Within 30 days after the receipt of such election notice, the recipient school food authority would be required to provide for and facilitate an increase, by the school nutrition team, in the total quantity of plant-based meals which are daily made available to students as part of the regular lunch service, as necessary to ensure the right and opportunity of all students, who have submitted the requisite election notices pursuant to the bill, to daily select and receive at least one plant-based meal, during that regular lunch service period, throughout the remainder of the school year. A student’s right to daily select and receive a plant-based meal, as elected under the bill, would not attach until the requisite 30-day preparation timeframe has fully elapsed.

All plant-based meals, provided to electing students under the bill, would be required to satisfy nutritional and dietary standards that have been established, by the United States Department of Agriculture, for school lunches.

The bill would provide for the State Department of Agriculture and the State Department of Education to cooperatively monitor, and to individually or cooperatively enforce, ongoing compliance with the bill’s provisions. In order to facilitate such compliance monitoring and enforcement, each public school would be required, at the end of each full school year, to annually prepare and submit, to the Department of Agriculture and the Department of Education, in a form and manner prescribed by each department, a written report identifying: 1) the types of plant-based meals that have been offered to electing students, during the school year, through the regular lunch service; 2) the total number of election notices that were submitted during the school year, on behalf of electing students enrolled at the school, and the total number of such election notices which were fulfilled by the school nutrition team; and 3) the nature of any challenges encountered in implementing the bill’s provisions, including, but not limited to, challenges that have served to prevent or hinder the timely or consistent provision of plant-based meals to all electing students, as required by the bill.

The bill would further authorize the Secretary of Agriculture and Commissioner of Education, after consultation, to adopt rules and regulations necessary to implement the bill’s provisions, and to establish and publish standards, guidelines, strategies, and other informational and educational resources which are designed to facilitate and effectuate the efficient and cost-effective provision, by school nutrition teams, of plant-based meals to students in the State.