BILL NUMBER: AB 90	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 9, 2007
	AMENDED IN ASSEMBLY  MARCH 8, 2007
	AMENDED IN ASSEMBLY  FEBRUARY 16, 2007

INTRODUCED BY   Assembly Members Lieu and Huffman
    (   Coauthor:   Assembly Member  
Hancock   ) 

                        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 amended, Lieu. 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, commencing on July 1, 2009, would prohibit a school or
school district from serving or selling 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 or sold 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) Commencing on July 1, 2009, a school or school
district, during school hours, shall not serve or sell 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 or sold to those pupils.
   (b) For purposes of this section, a food contains artificial trans
fat if the food contains vegetable shortening, margarine, or any
kind of 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 grams per serving.
   (c) The prohibition set forth in subdivision (a) applies to foods
sold as part of the United States Department of Agriculture meal
program and food served and sold pursuant to Sections 49431 and
49431.2.
  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.