Bill Text: CA AB2287 | 2013-2014 | Regular Session | Amended

California Assembly Bill 2287 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Free and reduced-price meals: gluten-free meals.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Engrossed - Dead) 2014-08-20 - From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on ED. [AB2287 Detail]

Download: California-2013-AB2287-Amended.html

BILL NUMBER: AB 2287	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 3, 2014

INTRODUCED BY   Assembly Member Pan
    (   Coauthor:   Assembly Member  
Skinner   ) 

                        FEBRUARY 21, 2014

   An act to  amend Section 49430.7 of   add
Section 49557.25 to  the Education Code, relating to school
nutrition.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2287, as amended, Pan. Free and reduced-price meals:
gluten-free meals. 
   Existing law provides for a school lunch program under which
eligible pupils receive free or reduced-price meals.  
   This bill would authorize a school district or county
superintendent of schools to incorporate into the free or
reduced-priced meals application packet or notification of
eligibility for the free or reduced-priced meals program a
notification and request for a gluten-free meal if a child qualifies
for free or reduced-priced school meals and the child has an
individualized education program authorizing gluten-free meals, as
specified.  
   (1) The Pupil Nutrition, Health, and Achievement Act of 2001
requires a school or school district to be reimbursed $0.2229 for
free and reduced-price meals sold or served to pupils. To qualify for
this reimbursement, a school or school district is required, and a
child development program is encouraged, to comply with specified
nutrition-related prohibitions and requirements, among which is a
prohibition against selling or serving a food item containing
artificial trans fat.  
   This bill would require a school or school district, and would
encourage a child development program, to provide a gluten-free meal
option in order to qualify for that reimbursement. By requiring
schools and school districts to satisfy new requirements for free and
reduced-price meals, the bill would impose a state-mandated local
program.  
   (2) 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, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions. 
   Vote: majority. Appropriation: no. Fiscal committee:  yes
  no  . State-mandated local program:  yes
  no  .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    The Legislature finds and declares all
of the following:  
   (a) Celiac disease, also known as celiac sprue or gluten-sensitive
enteropathy, is a permanent intolerance to the gliadin faction of
wheat protein and related alcohol-soluble prolamines found in rye and
barley, commonly known as gluten.  
   (b) For people with celiac disease, exposure to gluten causes an
autoimmune condition where the body starts attacking normal
intestinal tissue. In response to eating gluten, the body destroys
the intestinal villi, which are the small, finger-like projections in
the small intestine that absorb nutrients from food. Repeated
exposure to gluten, and resulting intestinal inflammation and
destruction of the villi, leads to malabsorption of food, iron
deficiency anemia, ostopenia, osteoporosis, increased risk of
developing other autoimmune disorders, and gastrointenstinal cancers.
 
   (c) Gluten intolerance and wheat allergies may include reactions
in the skin, mouth, gastrointenstinal tract, and lungs and cause
rashes, wheezing, lip swelling, gassiness, abdominal pain, abdominal
distention or constipation, and diarrhea.  
   (d) The National Institutes of Health estimates that 1 in 133
people with no genetic risk factors have celiac disease, while up to
1 in 22 people with genetic risk factors have celiac disease. Gluten
intolerance and wheat allergy are even more common, with wheat
allergy being one of the top eight food allergies in the United
States.  
   (e) Federal regulations, Part 15b of Subtitle A of Title 7 of the
Code of Federal Regulations, require substitutions or modifications
in school meals for children whose disabilities restrict their diets.
A child with a disability must be provided substitutions in foods
when that need is supported by a statement signed by a licensed
physician.  
   (f) Gluten-free foods are available at prices that are comparable
to foods made with wheat, rye, and barley. 
   SEC. 2.    Section 49557.25 is added to the 
 Education Code   ,  immediately following Section
49557.2  , to read:  
   49557.25.  (a) At the option of the school district or county
superintendent of schools, the following information may be
incorporated into the free or reduced-price meals application packet
or notification of eligibility for the free or reduced-priced meals
program using simple and culturally appropriate language:
   (1) A notification that if a child qualifies for free or
reduced-priced school meals and the child has an individualized
education program authorizing gluten-free meals, then the child may
request a gluten-free meal.
   (2) A request for the applicant's consent for the child to receive
a gluten-free meal if eligible for free or reduced-price school
meals and the child has an individualized education program
authorizing gluten-free meals.
   (b) Effective January 1, 2015, the notifications referenced in
subdivision (a) shall comply with the federal Americans with
Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.) and any other
applicable federal or state disabled access law.
   (c) A school district also may include the notifications detailed
in subdivision (a) in the notifications at the beginning of the first
semester or quarter of the regular school term required pursuant to
Section 48980.  
       
  SECTION 1.    Section 49430.7 of the Education
Code is amended to read:
   49430.7.  (a) For purposes of this section, the following terms
have the following meanings:
   (1) "School" means a school operated and maintained by a school
district or county office of education, or a charter school.
   (2) "School district" means a school district, charter school, or
county office of education.
   (3) "Child development program" means a program operated pursuant
to Chapter 2 (commencing with Section 8200) of Part 6 of Division 1
of Title 1.
   (b) As a condition of receipt of funds pursuant to Section
49430.5, commencing with the 2007-08 fiscal year, for meals and food
items sold as part of the free and reduced-price meal programs, a
school or school district shall comply with all of the following
requirements and prohibitions:
   (1) Follow the United States Department of Agriculture (USDA)
nutritional guidelines or the menu planning options of Shaping Health
as Partners in Education developed by the state (SHAPE California
network).
   (2) Not sell or serve a food item that has in any way been deep
fried, par fried, or flash fried by a school or school district.
   (3) Not sell or serve a food item containing artificial trans fat.
A food item contains artificial trans fat if it contains vegetable
shortening, margarine, or any kind of hydrogenated or partially
hydrogenated vegetable oil, unless the manufacturer's documentation
or the label required on the food, pursuant to applicable federal and
state law, lists the trans fat content as less than 0.5 gram per
serving.
   (4) Not sell or serve a food item that, as part of the
manufacturing process, has been deep fried, par fried, or flash fried
in an oil or fat that is prohibited by this paragraph. Oils and fats
prohibited by this paragraph include, but are not limited to, palm,
coconut, palm kernel, lard, typically solid at room temperature and
are known to negatively impact cardiovascular health. Oils permitted
by this paragraph include, but are not limited to, canola, safflower,
sunflower, corn, olive, soybean, peanut, or a blend of these oils,
typically liquid at room temperature and are known for their positive
cardiovascular benefit.
   (5) Provide a gluten-free meal option.
   (c) Commencing with the 2007-08 fiscal year, for meals and food
items sold as part of the free and reduced-price meal programs, a
child development program is encouraged to comply with all of the
following guidelines:
   (1) Meet developmentally and programmatically appropriate meal
pattern and meal planning requirements developed by the USDA or menu
planning options of Shaping Health as Partners in Education developed
by the state (SHAPE California network).
   (2) Not sell or serve a food item that has in any way been deep
fried, par fried, or flash fried by a school, school district, or
child development program.
   (3) Not sell or serve a food item containing artificial trans fat.
A food item contains artificial trans fat if it contains vegetable
shortening, margarine, or any kind of hydrogenated or partially
hydrogenated vegetable oil, unless the manufacturer's documentation
or the label required on the food, pursuant to applicable federal and
state law, lists the trans fat content as less than 0.5 gram per
serving.
   (4) Not sell or serve a food item that, as part of the
manufacturing process, has been deep fried, par fried, or flash fried
in an oil or fat prohibited by this paragraph. Oils and fats
prohibited by this paragraph include, but are not limited to, palm,
coconut, palm kernel, lard, typically solid at room temperature and
are known to negatively impact cardiovascular health. Oils permitted
by this provision include, but are not limited to, canola, safflower,
sunflower, corn, olive, soybean, peanut, or a blend of these oils,
typically liquid at room temperature and are known for their positive
cardiovascular benefit.
   (5) Provide a gluten-free meal option.
   (d) The prohibitions and requirements of this section regarding
food items sold or served by a school or school district apply to raw
bulk USDA commodity foods ordered by schools or school districts and
sent to commercial processors for conversion into ready to use end
products, but do not apply to other USDA commodity foods until the
scheduled 2009 reauthorization of the USDA National School Lunch
Program is complete or ingredient and nutrition information is
available for all USDA commodity foods, whichever is earlier.
   (e) As a condition of receipt of funds pursuant to Section
49430.5, by no later than June 30, 2008, and annually thereafter,
schools and school districts shall provide the department with an
annual certification of compliance with the provisions of this
section.
   (f) This section shall become operative only upon an appropriation
for its purposes in the annual Budget Act or another statute.
 
  SEC. 2.    If the Commission on State Mandates
determines that this act contains 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.