BILL NUMBER: AB 90	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Huffman

                        DECEMBER 14, 2006

   An act to add Section 49431.7 to the Education Code, relating to
pupil nutrition.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 90, as introduced, Huffman. Pupil nutrition: trans fats.
   (1) The Pupil Nutrition, Health, and Achievement Act of 2001
requires a school to follow the Enhanced Food Based Meal Pattern,
Nutrient Standard Meal Planning, or Traditional Meal Pattern
developed by the United States Department of Agriculture or the
Shaping Health as Partners in Education (SHAPE) Menu Patterns
developed by the state in order to qualify for reimbursement for free
and reduced-price meals sold or served to pupils. The act prescribes
nutrition standards for snacks sold to pupils in middle, junior, or
high school with certain exceptions. The act also prohibits the sale
of certain beverages to a pupil at an elementary school.
   This bill would prohibit a school or school district from making
available to pupils, during school hours, any food containing
artificial trans fat, as defined, and would prohibit the use of
artificial trans fat in the preparation of a food item served to
pupils. This prohibition 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 49431.7 is added to the Education Code, to
read:
   49431.7.  (a) A school or school district, during school hours,
shall not make available to pupils enrolled in kindergarten or any of
grades 1 to 12, inclusive, any food containing artificial trans fat,
as defined in subdivision (b), or use food containing artificial
trans fat in the preparation of a food item served to those pupils.
   (b) For purposes of this section, a food contains artificial trans
fat if the food is labeled as vegetable shortening, margarine, or
any kind of partially hydrogenated vegetable oil or contains more
than 0.5 grams per serving of vegetable shortening, margarine, or any
kind of partially hydrogenated vegetable oil as an ingredient.
  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.