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

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.