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Amend the bill by striking out everything after the enacting clause and before the summary and inserting the following:
‘Sec. 1. 20-A MRSA §6662, sub-§2, as amended by PL 2011, c. 224, §1, is repealed.
Sec. 2. 20-A MRSA §6662, sub-§3, as enacted by PL 2007, c. 156, §1, is repealed.
Sec. 3.  20-A MRSA §6662, sub-§4  is enacted to read:
 
4.  Food and beverages sale and marketing.     The department shall adopt rules that limit the sale and marketing of foods and beverages in school buildings and on school grounds to those foods and beverages that may be sold in schools under the most recent federal regulations adopted pursuant to Section 204 of the federal Healthy, Hunger-Free Kids Act of 2010 and 42 United States Code, Section 1758b, except that diet soda may not be sold or marketed in a school.
 
For the purposes of this subsection, "marketing" means:
 
A.  Any oral, written or graphic statement or representation, including a company logo or trademark that is made for the purpose of promoting the use or sale of a food or beverage item by the producer, manufacturer, distributor or seller of a food or beverage item or by any other entity with a commercial interest in the food or beverage item; or
 
B.  A program that is sponsored by a person that:
 
(1) Provides students with free or discounted food or beverage items as a reward, such as for reaching specified academic goals; or
 
(2) Provides funding to schools or school districts in exchange for purchases of food or beverage items.
 
"Marketing" does not include advertising on broadcast media or in print media such as newspapers and magazines, clothing with brand images worn on school grounds or advertising on product packaging.
 
Rules adopted pursuant to this subsection are major substantive rules as defined in Title 5, chapter 375, subchapter 2-A.
Sec. 4. Effective date. This Act takes effect October 1, 2015.’
 
SUMMARY
This amendment replaces the bill. The amendment requires the Department of Education to adopt major substantive rules that limit the sale and marketing of foods and beverages in school buildings and on school grounds to those foods and beverages that may be sold in schools under federal regulations, with the exception of diet soda. This amendment sets an effective date of October 1, 2015.
FISCAL NOTE REQUIRED
(See attached)