BILL NUMBER: SB 490	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 17, 2007
	AMENDED IN SENATE  APRIL 9, 2007

INTRODUCED BY   Senator Alquist

                        FEBRUARY 22, 2007

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


	LEGISLATIVE COUNSEL'S DIGEST


   SB 490, as amended, Alquist. 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, commencing on July 1, 2009, a school or
school district, through a vending machine or school food service
establishment during school hours and up to 1/2 hour before and after
school hours, from making available to elementary or middle school
pupils a food containing artificial trans fat and would prohibit the
use of artificial trans fat in the preparation of a food item served
to those 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.  The Legislature finds and declares as follows:
   (a) Trans fatty acids, also known as trans fats, have a
detrimental impact on a person's health by doing all of the
following:
   (1) Increasing blood insulin level in response to glucose load.
   (2) Affecting immune response.
   (3) Decreasing the response of the red blood cells to insulin.
   (4) Causing alterations in physiological properties of biological
membranes.
   (5) Causing alterations in adipose cell size, cell number, lipid
class, and fatty acid composition.
   (6) Lowering serum HDL cholesterol.
   (7) Impairing endothelial function.
   (b) In 1997, a New England Journal of Medicine study found eating
one gram of trans fats a day for a decade increased the risk of
cardiovascular disease by 20 percent.
   (c) Recent research by Harvard Medical School shows that high
trans fat intake represents a significant risk for developing
premature diabetes.
   (d) Trans fats increase the risk of heart disease and stroke by
increasing levels of so-called bad cholesterol, known as LDL, and
reducing levels of so-called good cholesterol, known as HDL.
   (e) There is an overwhelming amount of evidence revealing the
damage trans fat can do to the health of an individual.
  SEC. 2.  Section 49431.7 is added to the Education Code, to read:
   49431.7.  (a) Commencing on July 1, 2009, a school or school
district, through a vending machine or school food service
establishment during school hours and up to one-half of an hour
before and after school hours, shall not make available to elementary
or middle school pupils, 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   a food lists a partially hydrogenated
substance as an ingredient or if a food is labeled as containing
 more than 0.5 grams  of trans fat  per serving
 of vegetable shortening, margarine, or any kind of partially
hydrogenated vegetable oil as an ingredient  .
   (c) For purposes of this section, "school food service
establishment" means a place that regularly sells or serves a food
item or meal on a school campus.
  SEC. 3.  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.