Code of the District of Columbia

§ 38–821.01. Definitions.

For the purposes of this chapter, the term:

(1)(A) "Drinking water source" means a source of water from which a person can reasonably be expected to consume or cook with the water originating from the source.

(B) "Drinking water source" shall not include a source of water for which a public school or public charter school posts a conspicuous sign pursuant to § 38-825.01a(a)(1)(C) or (b)(2)(C); provided, that a public school or public charter school shall designate at least one kitchen sink in each school kitchen as a drinking water source.

[(1A)] "Formula grants process" means a process developed by OSSE to distribute grants based on the availability of funding and the needs of schools, as identified through OSSE data collection tools.

[(1B)] “Healthy Schools Fund” means the fund established by § 38-821.02.

(2) “Healthy Schools and Youth Commission” or “Commission” means the body established by § 38-827.01.

(3) “Locally grown” means grown in Delaware, the District of Columbia, Maryland, New Jersey, North Carolina, Pennsylvania, Virginia, or West Virginia.

(4) “Locally processed” means processed at a facility in Delaware, the District of Columbia, Maryland, New Jersey, North Carolina, Pennsylvania, Virginia, or West Virginia.

(5) “Meals” means breakfast, lunch, or after-school snacks served as a part of the National School Lunch Program, School Breakfast Program, or Summer Food Service Program, or after-school meals served as part of the Child and Adult Care Food Program.

(6) “Moderate-to-vigorous physical activity” means movement resulting in a substantially increased heart rate and breathing.

(6A) “Participating private school” means a private school that participates in the National School Lunch Program, established by the Richard B. Russell National School Lunch Act, approved June 4, 1946 (60 Stat. 230; 42 U.S.C. § 1771 et seq.), and elects to participate in the Healthy Schools Act program.

(7) “Public charter school” means a school chartered under Chapter 18 of this title [§ 38-1800.01 et seq.]. The term “public charter school” shall not include private or parochial schools.

(8) “Public school” means a school operated by the District of Columbia Public Schools, established by § 38-171.

(8A) "Remediation steps" means, at a minimum, actions to:

(A) Decrease the elevated lead concentration in a drinking water source to 5 parts per billion or less; or

(B) Preclude people from consuming or cooking with water from a drinking water source.

(9) “Sustainable agriculture” means an integrated system of plant and animal production practices having a site-specific application that will, over the long-term:

(A) Satisfy human food and fiber needs;

(B) Enhance environmental quality and the natural resource base upon which the agricultural economy depends;

(C) Make the most efficient use of nonrenewable resources and on-farm resources and integrate, where appropriate, natural biological cycles and controls;

(D) Sustain the economic viability of farm operations; and

(E) Enhance the quality of life for farmers and society as a whole.

(10)(A) “Unprocessed” means foods that are nearest their whole, raw, and natural state, and contain no artificial flavors or colors, synthetic ingredients, chemical preservatives, or dyes.

(B) For the purposes of this paragraph, food which undergoes the following processes shall be deemed to be unprocessed:

(i) Cooling, refrigerating, or freezing;

(ii) Size adjustment through size reduction made by peeling, slicing, dicing, cutting, chopping, shucking, or grinding;

(iii) Drying or dehydration;

(iv) Washing;

(v) The application of high water pressure or “cold pasteurization”;

(vi) Packaging, such as placing eggs in cartons, and vacuum packing and bagging, such as placing vegetables in bags;

(vii) Butchering livestock, fish, or poultry; and

(viii) The pasteurization of milk.

(July 27, 2010, D.C. Law 18-209, § 101, 57 DCR 4779; Oct. 20, 2011, D.C. Law 19-37, § 2(a), 58 DCR 6841; Sept. 23, 2017, D.C. Law 22-21, § 2(a), 64 DCR 7631; Dec. 13, 2017, D.C. Law 22-33, § 6112(a), 64 DCR 7652.)

Effect of Amendments

D.C. Law 19-37 added par. (6A).


Applicability of D.C. Law 22-21: § 11 of D.C. Law 22-21 provided that the change made to this section by § 2(a) of D.C. Law 22-21 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 6112(a) of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).

For temporary (90 days) amendment of this section, see § 6112(a) of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).

For temporary (90 day) amendment of section, see § 2(a) of Healthy Schools Emergency Amendment Act of 2011 (D.C. Act 19-143, August 9, 2011, 58 DCR 6814).