Bill Text: CA AB1678 | 2011-2012 | Regular Session | Amended
Bill Title: Mobile food facilities: school campus location.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-03-12 - Re-referred to Com. on HEALTH. [AB1678 Detail]
Download: California-2011-AB1678-Amended.html
BILL NUMBER: AB 1678 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 8, 2012
INTRODUCED BY Assembly Member Monning
FEBRUARY 14, 2012
An act to add Section 114294.1 to the Health and Safety Code,
relating to food.
LEGISLATIVE COUNSEL'S DIGEST
AB 1678, as amended, Monning. Mobile food facilities: school
campus location.
The California Retail Food Code provides for the regulation of
health and sanitation standards for retail food facilities, including
mobile food facilities, as defined, by the State Department of
Public Health. Under existing law, local health agencies are
primarily responsible for enforcing this code. A violation of these
provisions is punishable as a misdemeanor.
This bill would prohibit a mobile food facility from selling or
otherwise providing food or beverages within 1,500
500 feet of any the
property line of an a public elementary
or secondary school campus, except as specified. It would
also require the enforcing agency to notify each individual or
entity that seeks approval of a mobile food facility of this
requirement. By imposing additional duties upon local officials and
creating a new crime, this bill would create a state-mandated local
program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, with regard to certain mandates, no
reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all of the
following:
(a) All students deserve a school environment that promotes and
protects good health.
(b) A school environment that fosters good health through sound
nutrition is critical to overall student wellness and academic
achievement.
(c) Past and ongoing efforts to create a healthier school
environment for California's students are undermined by off-campus
mobile food vending, which competes with the provision of healthful
meals and snacks through the federally funded school nutrition
programs.
(d) Mobile food vending diminishes participation in the school
nutrition programs, reinforces the stigma associated with eating
school meals, and jeopardizes the fiscal viability of school
nutrition programs at the local level.
(e) Well-nourished students, such as those who participate in
school meal programs, demonstrate better cognitive performance,
classroom behavior, and social interaction, as well as improved
academic achievement.
(f) Research shows meals served at school are often more
nutritious than meals brought from home or served elsewhere. Students
who participate in the School Breakfast Program consume more milk,
more fruit, and less added sugar than their peers who do not eat a
school breakfast. Students who participate in the National School
Lunch Program consume more milk and more nutrient-dense lunches than
their nonparticipating peers. Low-income students who participate in
school lunch also eat more fruit than their nonparticipating peers.
(g) Mobile food vending increases students' access to foods and
beverages that are calorie rich, nutrient poor, and contribute to
negative health outcomes like being overweight and obesity.
(h) Mobile food vending near school campuses provides an incentive
for students to leave school grounds, which decreases adult
supervision of students during school hours and increases students'
exposure to off-campus safety hazards.
(i) Mobile food vending near school campuses often results in
crowded, impassable sidewalks and traffic congestion near school
grounds, that infringes upon student safety.
(j) Mobile food vending near school campuses specifically and
intentionally targets California's students.
(k) To help ensure student safety, promote good nutrition, and
create healthier school environments, areas surrounding school
campuses should be free of mobile food vending.
SEC. 2. Section 114294.1 is added to the Health and Safety Code,
to read:
114294.1. (a) A Except as provided in
subdivision (b), a mobile food facility may
shall not sell or otherwise provide food or beverages
within 1,500 500 feet of the property
line of an a public elementary or
secondary school campus, from the hours of 6:00 a.m. and 6:00 p.m.,
inclusive, on a day weekday that school
is in session.
(b) The prohibition of this section shall not apply to any of the
following:
(1) A mobile food facility operating on nonresidential, private,
real property with the express consent of the owner or lessee of the
real property.
(2) A mobile food facility operating adjacent to a permitted
construction site and vending to a person who is at least 18 years of
age.
(3) A mobile food facility operating to exclusively serve a film
production, as defined in Section 14999.31 of the Government Code.
(4) A mobile food facility operating under a formal agreement with
a school district pursuant to Chapter 9 (commencing with Section
49400) of Part 27 of Division 4 of Title 2 of the Education Code.
(c) This section shall not be construed to limit or otherwise
prohibit the enforcement of a local ordinance adopted prior to
January 1, 2013, by a city, county, city and county, or district,
including a school district, that regulates the location of
operations by a mobile food facility, regardless of whether the local
restriction is more or less restrictive than subdivision (a). This
section also shall not be construed to limit or otherwise prohibit
the adoption and enforcement of a local ordinance adopted on or after
January 1, 2013, that is more restrictive of the location of
operations by a mobile food facility than subdivision (a).
(b)
(d) The enforcement agency shall, in the course of
approving mobile food facilities pursuant to Section 114294, provide
notification of the restriction described in this section to each
individual or entity that seeks approval of a mobile food facility.
SEC. 3. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution for
certain costs that may be incurred by a local agency or school
district because, in that regard, this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
However, if the Commission on State Mandates determines that this
act contains other costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division 4 of
Title 2 of the Government Code.
