New Jersey S 4560: "NJ Healthy Schools Act"; prohibits sale and distribution of ultraprocessed foods in schools participating in federally funded or assisted meal programs.

Bill Text

(Sponsorship Updated As Of: 6/9/2025)
SENATE, No. 4560
STATE OF NEW JERSEY
221st LEGISLATURE

INTRODUCED JUNE 2, 2025

Sponsored by:
Senator MICHAEL L. TESTA, JR.
District 1 (Atlantic, Cape May and Cumberland)

Co-Sponsored by:
Senator Burgess

SYNOPSIS
“NJ Healthy Schools Act”; prohibits sale and distribution of ultraprocessed
foods in schools participating in federally funded or assisted meal programs.

CURRENT VERSION OF TEXT
As introduced.

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EXPLANATION – Matter enclosed in bold-faced brackets [thus] in the above bill is
not enacted and is intended to be omitted in the law.

Matter underlined thus is new matter.

AN ACT concerning ultraprocessed food, amending P.L.2022, c.104 1
and P.L.2007, c.45 , and supplementing Title 18A of the New 2
Jersey Statutes. 3
4
BE IT ENACTED by the Senate and General Assembly of the State 5
of New Jersey: 6
7
1. Section 1 of P.L.2022, c.104 (C.18A:33-3.2) is amended to 8
read as follows: 9
1. As used in this chapter: 10
"Categorically eligible" means that a student is homeless, is a 11
migrant child, is a runaway child, is a foster child, or is a Head Start 12
child, as defined in 7 C.F.R. Part 245, or is receiving assistance 13
under the Supplemental Nutrition Assistance Program (SNAP), the 14
Temporary Assistance for Needy Families Program (TANF), the 15
Food Distribution Program on Indian Reservations (FDPIR), or, to 16
the extent that the United States Department of Agriculture 17
authorizes the matching of Medicaid data to identify children who 18
are eligible for free school meals, is a participant in the Medicaid 19
program, and which student, by virtue of such status, is 20
automatically eligible to be certified to receive free school meals 21
under the National School Lunch Program or the federal School 22
Breakfast Program, without first submitting an application or being 23
subject to the federal income verification requirements established 24
by 7 C.F.R. Part 245. 25
"Community Eligibility Provision" means a type of special 26
assistance alternative, identified at 7 C.F.R. Part 245, pursuant to 27
which the United States Department of Agriculture provides 28
reimbursement for free school meals that are provided by eligible, 29
high-poverty local educational agencies and schools that participate 30
in both the National School Lunch Program and the federal School 31
Breakfast Program. 32
"Eligible student" means a student who is categorically eligible 33
or income-eligible for one or more subsidized school meals. 34
"Emergency meals distribution program" means a program, 35
established under section 1 of P.L.2020, c.6 (C.18A:33-27.2), 36
pursuant to which a school district is required to provide subsidized 37
school meals to eligible students, through designated distribution 38
sites, during any period in which a school in the district is subject to 39
a public health-related closure due to the COVID-19 pandemic. 40
"Federal School Breakfast Program" means the federal 41
reimbursement program, established under the "Child Nutrition Act 42
of 1966," 42 U.S.C. s.1771 et seq., pursuant to which the United 43
States Department of Agriculture is authorized to provide grants-in-44
aid and other assistance to the States, as may be necessary to help 45

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finance the establishment, maintenance, operation, and expansion of 1
school breakfast programs and facilitate the provision of free and 2
reduced price breakfasts to eligible students. 3
"Federally eligible for free or reduced price meals" or "federally 4
eligible" means that a student is categorically eligible for free lunch 5
under the National School Lunch Program or for free breakfast 6
under the federal School Breakfast Program, or that the student 7
satisfies federal income eligibility requirements, adopted by the 8
United States Department of Agriculture pursuant to 7 C.F.R. Part 9
245, as is necessary to federally qualify for and receive free or 10
reduced price lunch under the National School Lunch Program or 11
free or reduced price breakfast under the federal School Breakfast 12
Program. 13
"Federally ineligible for free or reduced price meals" or 14
"federally ineligible" means that a student is not categorically 15
eligible for, and fails to satisfy federal income eligibility 16
requirements, adopted by the United States Department of 17
Agriculture pursuant to 7 C.F.R. Part 245, as is necessary for the 18
student to federally qualify for and receive free or reduced price 19
lunch under the National School Lunch Program or free or reduced 20
price breakfast under the federal School Breakfast Program. 21
"Income-eligible" means that a student either satisfies federal 22
income eligibility requirements, adopted by the United States 23
Department of Agriculture pursuant to 7 C.F.R. Part 245, or 24
satisfies State-level income eligibility requirements, set forth in 25
subsection a. of section 1 of P.L.1974, c.53 (C.18A:33-4) or 26
subsection a. of section 12 of P.L.2022, c.104 (C.18