226387 What's in a contract? Examining the food services contracts of schools mandated to comply with nutrition standards

Wednesday, November 10, 2010 : 9:10 AM - 9:30 AM

Karla Hampton, JD , Public Health Law and Policy, Public Health Institute, Oakland, CA
The US Constitution's Contract Clause may be triggered by state laws that set nutrition standards or otherwise restrict school food environments. This may occur if one of the parties to a contract—such as a school, cafeteria food service provider, or vending or “a la carte” food company—claims that its right to contract or the “obligations” under the existing contract is substantially impaired by the newly enacted law or standard. This presentation will examine the legal standards for scrutiny under the Contract Clause in such cases, including the balancing of public interest, special interests, and deference to legislative judgment and public health. Working from this legal framework, this presentation will share the results of a comparative analysis of food services contracts in schools impacted by different nutrition standards and laws. Special attention will be given to key contract provisions that result in either better nutrition outcomes for children in schools, or that lead to barriers for schools making positive changes in their school meal programs.

Learning Areas:
Public health or related laws, regulations, standards, or guidelines

Learning Objectives:
1. Discuss the Contract Clause, Article I, section 10 of the US Constitution 2. Explain the legal standards that may be applied to weigh the constitutionality of nutrition standards and other laws that affect contracts between schools and food service providers 3. Compare key health promoting provisions of food services contracts 4. Identify food services contract provisions that lead to barriers for schools making positive changes in their school meal programs

Keywords: Law, Obesity

Presenting author's disclosure statement:

Qualified on the content I am responsible for because: I am licensed to practice law in the District of Columbia and I am a staff attorney for the National Policy and Legal Analysis Network to Prevent Childhood Obesity (NPLAN), which provides leaders in the childhood obesity prevention field with legal technical assistance.
Any relevant financial relationships? No

I agree to comply with the American Public Health Association Conflict of Interest and Commercial Support Guidelines, and to disclose to the participants any off-label or experimental uses of a commercial product or service discussed in my presentation.