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

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

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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-Introduced.html

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BILL NUMBER: AB 2287	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Pan

                        FEBRUARY 21, 2014

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


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2287, as introduced, Pan. Free and reduced-price meals:
gluten-free meals.
   (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.
State-mandated local program: yes.


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

  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.