34.375. Purchasing agents for governmental agencies to give preference to food and beverages containing higher levels of calcium, exceptions.
Purchasing agents for governmental agencies to give preferenceto food and beverages containing higher levels of calcium,exceptions.
34.375. 1. This section shall be known and may be cited as the"Missouri Calcium Initiative".
2. The purchasing agent for any governmental entity that purchasesfood or beverages to be processed or served in a building or room owned oroperated by such governmental entity shall give preference to foods andbeverages that:
(1) Contain a higher level of calcium than products of the same typeand nutritional quality; and
(2) Are equal to or lower in price than products of the same type andnutritional quality.
3. Notwithstanding the provisions of subsection 2 of this section tothe contrary, if a state institution determines that a high calcium food orbeverage that is preferred pursuant to subsection 2 of this section willinterfere with the proper treatment and care of a patient of suchinstitution, the purchasing agent shall not be required to purchase thehigh calcium food or beverage for such patient.
4. The requirements of this section shall be in addition to anyrequirements placed upon a governmental entity by the United StatesDepartment of Agriculture under the National School Lunch Program or theSchool Breakfast Program.
5. For purposes of this section, "governmental entity" means thestate of Missouri, its departments, agencies, boards, commissions andinstitutions, and all school districts of the state. Governmental entitydoes not include political subdivisions of the state.
6. Notwithstanding the provisions of this section to the contrary, apurchasing agent who has entered into a contract with a supplier beforeJuly 1, 2003, to purchase food and beverages shall not be required topurchase high calcium foods and beverages if purchasing such products wouldchange the terms of the contract.
(L. 2003 H.B. 202)