34.375.  Purchasing agents for governmental agencies to give preference to food and beverages containing higher levels of calcium, exceptions. — 1.  This section shall be known and may be cited as the "Missouri Calcium Initiative".

  2.  The purchasing agent for any governmental entity that purchases food or beverages to be processed or served in a building or room owned or operated by such governmental entity shall give preference to foods and beverages that:

  (1)  Contain a higher level of calcium than products of the same type and nutritional quality; and

  (2)  Are equal to or lower in price than products of the same type and nutritional quality.

  3.  Notwithstanding the provisions of subsection 2 of this section to the contrary, if a state institution determines that a high calcium food or beverage that is preferred pursuant to subsection 2 of this section will interfere with the proper treatment and care of a patient of such institution, the purchasing agent shall not be required to purchase the high calcium food or beverage for such patient.

  4.  The requirements of this section shall be in addition to any requirements placed upon a governmental entity by the United States Department of Agriculture under the National School Lunch Program or the School Breakfast Program.

  5.  For purposes of this section, "governmental entity" means the state of Missouri, its departments, agencies, boards, commissions and institutions, and all school districts of the state.  Governmental entity does not include political subdivisions of the state.

  6.  Notwithstanding the provisions of this section to the contrary, a purchasing agent who has entered into a contract with a supplier before July 1, 2003, to purchase food and beverages shall not be required to purchase high calcium foods and beverages if purchasing such products would change the terms of the contract.