BILL NUMBER: SB 281	CHAPTERED
	BILL TEXT

	CHAPTER  236
	FILED WITH SECRETARY OF STATE  SEPTEMBER 15, 2005
	APPROVED BY GOVERNOR  SEPTEMBER 15, 2005
	PASSED THE SENATE  SEPTEMBER 8, 2005
	PASSED THE ASSEMBLY  SEPTEMBER 8, 2005
	AMENDED IN ASSEMBLY  SEPTEMBER 8, 2005
	AMENDED IN ASSEMBLY  SEPTEMBER 7, 2005
	AMENDED IN ASSEMBLY  AUGUST 31, 2005
	AMENDED IN ASSEMBLY  JULY 12, 2005
	AMENDED IN SENATE  MAY 19, 2005
	AMENDED IN SENATE  MAY 4, 2005
	AMENDED IN SENATE  APRIL 12, 2005
	AMENDED IN SENATE  MARCH 29, 2005

INTRODUCED BY   Senator Maldonado
   (Coauthors: Senators Alquist, Denham, and Torlakson)

                        FEBRUARY 16, 2005

   An act to add Article 11.5 (commencing with Section 49565) to
Chapter 9 of Part 27 of the Education Code, relating to pupil
nutrition, making an appropriation therefor, and declaring the
urgency thereof, to take effect immediately.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 281, Maldonado  California Fresh Start Pilot Program.
   Existing state and federal laws require all schools participating
in meal programs to provide nutritious food and beverages to pupils.

   Existing law requires that the sale of all foods on school grounds
at an elementary school be approved for compliance with specified
nutrition standards.
   Existing law requires that a minimum of 50% of the food items,
except as specified, offered for sale each schoolday at any
schoolsite by any entity or organization during regular school hours
be selected from a list of specified items, including specified
fruits, vegetables, and fruit and vegetable juices.
   Existing law requires the State Department of Health Services to
establish and implement, to the extent funds other than state general
funds are available, a "5 A Day--For Better Health" program for the
purpose of promoting public awareness of the need to increase the
consumption of fruits and vegetables as part of a low-fat, high-fiber
diet in order to improve health and prevent major chronic diseases,
including diet-related cancers.
   This bill would establish, within the State Department of
Education, the California Fresh Start Pilot Program, to be
administered by the department, in consultation with the Department
of Food and Agriculture and the State Department of Health Services,
in order to encourage public schools maintaining kindergarten or any
of grades 1 to 12, inclusive, to provide fruits and vegetables that
have not been deep fried to pupils in order to supplement other
fruits and vegetables that have not been deep fried and that are
available to those pupils, and in order to promote the consumption of
nutritious fruits and vegetables by schoolage children.
   The bill would make an appropriation by requiring that, of the
funds appropriated in a specified item of the Budget Act of 2005,
$400,000 shall be available for the department to provide grants to a
county office of education or a community college selected on a
competitive basis, to be allocated in the amount of not more than
$100,000 to develop an online professional development seminar for
schoolsite staff on serving, marketing, and promoting nutritious
fruits and vegetables, and not more than $300,000 to contract with an
independent evaluator to conduct a comprehensive evaluation, as
specified.
   The bill would require the department, in consultation with the
Department of Food and Agriculture, the State Department of Health
Services, and the State Board of Education, to develop emergency
regulations necessary to implement the program and to establish
guidelines for the administration and evaluation of the program.
   This bill would declare that it is to take effect immediately as
an urgency statute.
   Appropriation: yes.


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


  SECTION 1.  Article 11.5 (commencing with Section 49565) is added
to Chapter 9 of Part 27 of the Education Code, to read:

      Article 11.5.  The California Fresh Start Pilot Program

   49565.  (a) There is hereby established within the department the
California Fresh Start Pilot Program to provide fresh fruits and
vegetable for public school pupils. This program shall be
administered by the department, in consultation with the Department
of Food and Agriculture and the State Department of Health Services.

   (b) The program is intended to encourage public schools
maintaining kindergarten or any of grades 1 to 12, inclusive, to
provide fruits and vegetables that have not been deep fried to pupils
in order to supplement other fruits and vegetables that have not
been deep fried and that are available to those pupils, and in order
to promote the consumption of fresh fruits and vegetables by
schoolage children.
   (c) Fruits and vegetables that have not been deep fried that are
provided pursuant to this article shall be provided free of charge to
a pupil, where appropriate.
   (d) Fruits and vegetables that have not been deep fried that are
provided pursuant to this article shall be provided during the
schoolday, but not during regularly scheduled lunch periods.
   (e) In making procurement decisions pursuant to this article, a
school district or a charter school shall give priority to the
purchase of fresh fruits and vegetables from California producers,
when commercially available.
   49565.1.  (a) School districts and charter schools may apply for
funding, appropriated for purposes of this article in the annual
Budget Act or in another statute, for reimbursement of ten cents
($0.10) per meal, to be paid in quarterly installments by the
department, to supplement, but not to supplant, a school breakfast
program under Section 49550.3 or under the federal School Breakfast
Program. These funds shall be deposited into the nonprofit food
service account of the school district or charter school.
   (b) The funds described in subdivision (a) shall be available to
school districts and charter schools that meet all of the following
criteria:
   (1) Provide one to two servings of nutritious fruits or
vegetables, or both, at breakfast, and give priority to serving fresh
fruits and vegetables.
   (2) Spend at least 90 percent of the funding for the direct
purchase of nutritious fruits and vegetables.
   (3) Do not spend any of the funding for the purchase of juice.
   (4) Provide data as required by the independent evaluator pursuant
to subdivision (b) of Section 49565.7.
   49565.2.  (a) The funds described in subdivision (a) of Section
49565.1 may be combined with other funding sources to ensure that at
least one serving per day of nutritious fruits or vegetables, or
both, is provided pursuant to the pilot program.
   49565.3.  Sites that already offer two servings of nutritious
fruits or vegetables for breakfast may be reimbursed at ten cents
($0.10) per meal for providing nutritious fruits or vegetables for
after school snacks.
   49565.4.  (a) School districts and charter schools that do not
operate school breakfast programs are encouraged to apply for funding
to establish breakfast programs using funds appropriated for this
purpose in the annual Budget Act.
   49565.5.  Specific strategies for the provision of one to two
servings of nutritious fruits or vegetables, or both, may include,
but not be limited to, one or more of the following:
   (a) Fruit bars located at the school cafeteria with a minimum of
three choices of fruits or vegetables, or both.
   (b) Grab-and-go breakfasts with one to two servings of fruits or
vegetables, or both, to be eaten on the school campus.
   (c) Universal classroom breakfast that includes one to two
servings of fruits or vegetables, or both.
   49565.6.  As a condition of receipt of funds, schoolsites
participating in this program shall include tasting and sampling of
nutritious fruits and vegetables as part of nutrition education.
Strategies for nutrition education that include tasting and sampling
of nutritious fruits or vegetables, or both, may include, but not be
limited to:
   (a) Educational sampling and tasting supported with nutrition
education.
   (b) An offering of fruits or vegetables in the classroom that is
reinforced with nutrition and agricultural bulletins.
   (c) A monthly school campus farmers' market that allows
opportunities for school clubs, organizations, boosters, sports
teams, and other groups to organize a farmers' market that highlights
California produce for the student body to sample and taste.
   (d) A produce sampling program that supports a school garden's
harvest through additional purchases of local, in-season fruits or
vegetables to be used for a sampling and tasting program for the
school campus featuring what is growing in the school garden.
   49565.7.  Of the funds appropriated for this purpose in Schedule
(9) of Item 6110-485 of Section 2.00 of the Budget Act of 2005 (Ch.
38, Stats. 2005), as amended by Chapter 39 of the Statutes of 2005,
four hundred thousand dollars ($400,000) shall be available for the
State Department of Education to provide grants to a county office of
education or a community college selected on a competitive basis, to
be allocated as follows:
   (a) Not more than one hundred thousand dollars ($100,000) to
develop an online professional development seminar for schoolsite
staff on serving, including safe handling guidelines, marketing, and
promoting nutritious fruits and vegetables.
   (b) Not more than three hundred thousand dollars ($300,000) to
contract with an independent evaluator to conduct a comprehensive
evaluation, including a determination of the need for educational
materials for pupils and staff professional development programs on
the safe handling, serving, and marketing of nutritious fruits and
vegetables as part of the California Fresh Start Pilot Program.
   49565.8.  The department, in consultation with the Department of
Food and Agriculture, the State Department of Health Services, and
the State Board of Education, shall do both of the following:
   (a) Develop emergency regulations, as it deems necessary, to
implement the program established pursuant to this article.
   (b) Establish guidelines for the evaluation of the program
developed pursuant to this article.
  SEC. 2. This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are: In order to make
the necessary statutory changes to implement the Budget Act of 2005
at the earliest time possible, it is necessary that this act take
effect immediately.