BILL ANALYSIS Ó ------------------------------------------------------------ |SENATE RULES COMMITTEE | AB 2367| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ CONSENT Bill No: AB 2367 Author: Bonilla (D) Amended: 4/26/12 in Assembly Vote: 21 SENATE EDUCATION COMMITTEE : 9-0, 6/20/12 AYES: Lowenthal, Alquist, Blakeslee, Hancock, Huff, Liu, Price, Simitian, Vargas NO VOTE RECORDED: Runner, Vacancy ASSEMBLY FLOOR : 72-0, 5/3/12 (Consent) - See last page for vote SUBJECT : School gardens: sale of produce SOURCE : Author DIGEST : This bill authorizes a school district, charter school, or county office of education that is operating an Instructional School Garden Program to sell any surplus produce grown as part of the program. ANALYSIS : Existing law: 1. Finds and declares that school gardens provide an interactive, hands-on learning environment in which pupils learn composting and waste management techniques, fundamental concepts about nutrition and obesity CONTINUED AB 2367 Page 2 prevention, and the cultural and historical aspects of our food supply. School gardens also foster a better understanding and appreciation of where food comes from, how food travels from the farm to the table, and the important role of agriculture in the state, national, and global economy. (Education Code (ED) Section 51795) 2. Establishes the Instructional School Gardens Program, administered by the Department of Education (CDE) for the promotion, creation, and support of instructional school gardens through the allocation of grants, and through technical assistance provided, to school districts, charter schools, or county offices of education. (ED Section 51796) 3. Authorizes a school district, charter school, or county office of education may apply to the Superintendent of Public Instruction (SPI) for funding for a three-year grant under this article in a manner determined by the SPI, in order to develop and maintain an instructional school garden. (ED Section 51796.2) This bill authorizes a school district, charter school, or county office of education that is operating an instructional school garden program to sell any surplus produce grown as part of the program. Comments In 2006, AB 1535 (Nunez), Chapter 427, Statutes of 2006, provided $15 million for a grant program to be devised by the SPI. Kindergarten through grade 8 schoolsites were eligible to receive a maximum of $2,500 and high schools were eligible to receive a maximum of $5,000. Funds were used for instructional school garden equipment or supplies and professional development for teachers, garden volunteers and food service staff. According to the CDE, approximately 3,500 schoolsites received grants. According to the Center for Land-Based Learning, while schools may be able to garner funds to start school garden programs, sustaining the programs is challenging. In order to be successful, a coordinator needs to be identified to CONTINUED AB 2367 Page 3 maintain the garden. Parents and teachers can act as coordinators; however, the availability of parents and teachers may not consistently reliable. Having a paid coordinator or developing a relationship with a local farmer can provide the consistency needed on a year-round basis, especially during the summer months when kids are out of school. Selling produce grown in a school garden (to farmers markets, parents, other schools) is a potential source of funding. According to the Center for Land-Based Learning, while some schools are selling produce, some schools are unsure of their authority. Food safety . This bill does not exempt produce sold by schools from existing federal, state or local food safety laws and requirements. Further, schools are prohibited from using a pesticide that has been granted conditional registration, an interim registration or an experimental use permit. Use of proceeds . According to the United States Department of Agriculture, if a school uses federal school food service funds to support the school garden, the revenue from the sale of the food must go back into the school food service account. FISCAL EFFECT : Appropriation: No Fiscal Com.: No Local: No SUPPORT : (Verified 6/20/12) Small School Districts' Association Western Growers Association ARGUMENTS IN SUPPORT : According to the author, "Recently, the United States Department of Agriculture (USDA) clarified that participants of the National School Lunch and Breakfast Program could use federal school lunch reimbursements to purchase school garden supplies. The USDA also made clear that programs such as school gardens, Future Farmers of America (FFA) and 4-H could sell garden produce to their school cafeterias. The Education Code, while permissive, is not clear on whether schools can sell their excess garden produce. This bill does not specify the entities that may be approached to purchase the CONTINUED AB 2367 Page 4 produce. This decision shall be made locally and can include school cafeterias, after school programs, farmers markets, etc." ASSEMBLY FLOOR : 72-0, 5/3/12 AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall, Bill Berryhill, Block, Blumenfield, Bradford, Brownley, Buchanan, Butler, Charles Calderon, Campos, Carter, Cedillo, Chesbro, Conway, Cook, Davis, Dickinson, Donnelly, Eng, Feuer, Fong, Fuentes, Beth Gaines, Galgiani, Garrick, Gatto, Gordon, Gorell, Grove, Hagman, Halderman, Harkey, Hayashi, Hill, Huber, Hueso, Huffman, Jeffries, Knight, Lara, Logue, Bonnie Lowenthal, Ma, Mansoor, Mendoza, Miller, Mitchell, Monning, Morrell, Nestande, Nielsen, Norby, Olsen, Pan, Perea, V. Manuel Pérez, Portantino, Silva, Skinner, Solorio, Swanson, Torres, Valadao, Wagner, Wieckowski, Yamada, John A. Pérez NO VOTE RECORDED: Bonilla, Fletcher, Furutani, Hall, Roger Hernández, Jones, Smyth, Williams PQ:m 6/21/12 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END **** CONTINUED