AUGUSTA – Although the Legislature repealed the state snack tax three years ago, a health panel wants lawmakers to consider imposing what could be construed as a “fat tax” on certain products perceived as contributing to obesity in Maine.

During their Tuesday morning meeting, the 28-member Commission to Study Public Health affirmed more than two dozen recommendations to combat obesity through public policy and legislation. In addition to four legislators, the commission’s members represent a range of interests, including health care, the soft-drink industry, physical education, dentistry, school administration, health insurance, the dairy industry and food-service workers.

Maine has the highest rate of overweight people and obesity in New England, with about two-thirds of all adults weighing more than they should. Of children entering kindergarten, third grade and fifth grade last year, 36 percent were overweight or obese. About 25 percent of high school students are overweight or obese.

Rates in Maine have increased by 75 percent in the last 12 years, following the national trend. Public health officials cite a combination of factors, including more sedentary lifestyles, more “screen time” in front of televisions and computers, an increase in the number of times per week that people eat meals outside the home, the “supersize” phenomenon in restaurant portions, and a culture that is more likely to accept its increased girth.

The most controversial aspect of a commission subcommittee proposal took the form of a $4-per-gallon tax on every gallon of carbonated beverage syrup or its equivalent sold in the state for the purposes of raising $12 million. The beverage tax amounts to about 4 cents per 12-ounce container. The money would be used to coordinate school health programs; institute annual Body Mass Index assessments for students in grades kindergarten, one, three, seven, and nine; fund media campaigns promoting healthful diets and physical fitness; and increase the availability of fresh fruits and vegetables in schools.

After concluding it would be unfair to target a single industry to underwrite the costs of the state’s anti-obesity initiative, a majority of the commission members opted to support a recommendation that would leave it up to the Legislature to identify funding for the action plan. Most of the panel members also emphasized their desire to assess a tax or fee on those products that contribute to obesity to help pay for the costs of proposed programs.

Dr. Jonathan Shenkin, of Penobscot Children’s Dentistry in Bangor, shrugged off the panel’s rejection of his subcommittee’s proposal to tax the beverage industry.

“Any tax that you try to put before the Legislature these days is going to be criticized no matter what the good is that comes out of it, so I think we anticipated some kind of wall from those who will be involved in the final vote and those who are directly affected by the taxing of their products,” he said.

Shenkin said soft drinks are a “major source” of health problems for children since the beverages contribute so many added sugars to their diets.

“Consumption levels have more than doubled in the last 20 years and marketing has pretty much targeted kids, and even with changes going on in the industry, the fact is that kids consume way too much,” he said. “So attacks on those beverages are not unrealistic.”

But in the end the commission opted to recommend that the Legislature determine whether to tax the beverage industry or find some other way to fund the proposed health programs.

The commission also recommended that the state Bureau of Health evaluate advertising of foods with poor nutritional content aimed at children 12 and younger to determine whether such ads should be restricted on Maine television stations. The panel also voted to levy an advertising tax on foods of poor nutritional value in campaigns that target children under 13 years old.

Sen. John L. Martin, D-Eagle Lake and chairman of the commission, said he felt the panel’s proposals could make a significant impact on reversing obesity trends in Maine. The veteran lawmaker agreed that more must be done to raise awareness about the level of poor nutrition in the state.

“I think it’s a question of taking a look at what’s causing the problem – obviously there are a lot of assumptions out there,” Martin said. “The Bureau of Health is actually going to be conducting some work on that question. Obviously we’ve got to look at seeing whether we can eliminate some of the sources of fat and other problems that lead to obesity in Maine.”

Martin expects public hearings on the commission’s full findings and recommendations to be scheduled next month.