BILL ANALYSIS �
AB 909
Page 1
Date of Hearing: January 11, 2012
ASSEMBLY COMMITTEE ON AGRICULTURE
Cathleen Galgiani, Chair
AB 909 (Alejo) - As Amended: January 9, 2012
ED. 7-4
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|Ayes:|Brownley, Amniano, | | |
| |Buchanan, Butler, Carter, | | |
| |Eng, Williams | | |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Norby, Beth Gains, | | |
| |Halderman, Wagner | | |
| | | | |
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SUBJECT : Pupil nutrition: Farm to School Program.
SUMMARY : Provides a five cent ($0.05) incentive to school
districts that use 80% of fresh produce food funds for fresh
produce derived from California, as specified. Specifically,
this bill :
1)Permits a school district to apply to the Department of
Education (DOE) for a five cent ($0.05) per meal payment,
under this new Farm to School Program, if they have expended
80% of their fresh produce funds for fresh produce that has
come from California to be used in their food service program.
Requires the school district to self-certify that they have
met the requirements of this section.
2)Requires DOE to reimburse eligible school districts that have
met the requirements of this section, five cents ($0.05) for
every meal the school district serves as part of the National
School Lunch Program or the School Breakfast Program (SBP).
3)Requires school districts receiving these funds to use them to
buy California produce.
4)Permits, for the purpose of implementing this article, DOE to
accept contributions of money and assistance from any public
or private source and agree to conditions placed on the
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contributions if those conditions are not inconsistent with
the duties of DOE.
5)Requires the California Department of Food and Agriculture
(CDFA) to consult with DOE, in order to assist school
districts in meeting requirements of this article, doing all
of the following:
a) Identify seasons, sources and suppliers of California
produce; and,
b) Help small farmers collaborate to supply large
quantities of California produce, as required by school
districts.
6)Requires DOE to develop strategies for school districts that
would result in more California produce to be used in school
meal programs.
7)Permits the DOE State Board to adopt any rules or regulations
needed for the implementation of this article.
8)Defines, for the purpose of this article, "California produce"
to means fruits, vegetables and nuts grown in California as
defined in Food and Agricultural Code (FAC) Section 43100.
EXISTING LAW
1)Requires each school district or county superintendent of
schools maintaining any kindergarten or any of grades 1
through 12, to provide for each needy pupil one nutritionally
adequate free or reduced-price meal during each school-day,
except for family day care homes that shall be reimbursed for
75% of the meals served. (Education Code (EC) Section 49550)
2)Defines needy children as those children who meet federal
eligibility criteria for free and reduced price meals, except
for family day care homes which shall be reimbursed for 75% of
the meals. (EC 49552)
3)Requires the governing board of a school district and the
county superintendent of schools to make applications for free
or reduced price meals available to students at all times
during each regular school-day. Requires the application to
contain specified information. (EC 49557)
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4)Establishes the California Fresh Start Pilot Program to
encourage public schools to provide fruits and vegetables that
have not been deep fried to pupils in the SBP. Provides a
reimbursement of ten cents ($0.10) per meal to school sites
that offer one to two servings of nutritious fruits or
vegetables for breakfast. (EC 49565-49565.8)
5)Requires, as a condition for state funds for free and reduced
price meals, a school to follow the Enhanced Food Based Meal
Pattern, Nutrient Standard Meal Planning, or Traditional Meal
Pattern developed by USDA or the SHAPE Menu Patterns developed
by the state. (EC 49430.5)
6)Defines "California grown" for purposes of labeling or
advertising produce that must meet the following: "......only
to identify food and agricultural products that have been
produced in the state or harvested in its surface or coastal
waters." (FAC 43100)
FISCAL EFFECT : Legislative Counsel has keyed this bill fiscal.
COMMENTS : The author states that AB 909 is intended to expand
existing Farm to School programs. According to the CDE,
California was one of the first states to establish Farm to
School programs. Santa Monica-Malibu Unified School District's
Farmers' Market Salad Bar was one of first such programs,
established in 1997. It was expanded to all schools in the
district by 2001. The district purchases fresh produce from the
local farmer's market twice a week. According to an official
from the district, the cost for the produce did not increase,
but there are some increased costs to administer the program.
Other models of farm to school programs include establishing
school gardens (used for educational and food program purposes),
buying produce from local or other California farmers, and
purchasing from a third party that delivers locally grown
produce.
Most of these programs came about because parents wanting a
healthier food option for their children and the willingness of
school administrators to try alternative food service models.
The success of these programs is due to the school's commitment,
the participation of parents and volunteers that put forth the
energy to create these local programs, as well as their
continued efforts to sustain them. The author states, "AB 909
furthers the fight in the battle against childhood obesity by
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providing nutritional meals to school children. This bill
expands the practice and allows school districts to utilize
California's rich agricultural resources rather than continuing
to rely on importing goods from outside the state. The state
stands to benefit from the savings incurred in healthcare costs
and the economic stimulus provided to the agricultural
community."
The committee may wish to consider providing more leeway to CDFA
and DOE in their efforts to support the purposes of AB 909. By
adding the language of "including, but not limited to," into
sections 49566.2 and 49566.3, would allow both CDFA and DOE to
go beyond the requirements of this bill and potentially assist
beyond the requirements of this bill.
The definition referenced in this bill is contradictory, in that
the stated definition for product is not consistent with the
statute referenced. The committee may wish to consider dropping
the reference to FAC 43100.
If the committee wishes to do any amendments, they will need to
be taken in the next committee of reference, the Assembly
Committee on Appropriations due to House Committee deadline
timeframes.
PREVIOUS LEGISLATION : AB 967 (Nava), of the 2007-08 Legislative
Session, would have established the Farm Fresh Schools program,
which provides specified grants to school districts to promote
the consumption of locally grown fruits and vegetables in public
schools. The bill was held in the Assembly Appropriations
Committee.
AB 2121 (Nava), of the 2005-06 Legislative Session, was
identical to AB 967 and was held in the Assembly Appropriations
Committee.
SB 281 (Maldonado), Chapter 236, Statutes of 2005, establishes
the California Fresh Start Pilot Program to encourage public
schools to provide fruits and vegetables that have not been deep
fried to pupils in SBP. The bill appropriated $400,000 to
provide a reimbursement of ten cents ($0.10) per meal to school
sites that offer one to two servings of nutritious fruits or
vegetables for breakfast.
AB 826 (Nava), of the 2005-06 Legislative Session, would have
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established the California Farm to School Child Nutrition
Improvement Program, which requires CDE, to the extent funds are
available from identified sources, and in collaboration with
CDFA and the California Department of Health Services (DHS) to
implement outreach and training of school food service personnel
and the agricultural industry in order to facilitate the
delivery of fresh fruits and vegetables to school cafeterias.
The bill was vetoed by Governor Schwarzenegger.
AB 2504 (Maldonado) requires DHS to administer a two-year pilot
program to make available free fresh and dried fruits and
vegetables to pupils in 25 eligible elementary and secondary
schools throughout the state. The bill was vetoed by Governor
Schwarzenegger in 2004.
AB 801 (Salinas) establishes the "Choose California Act," which
requires all state owned or state run institutions, including
public schools and school districts, to purchase agricultural
products grown in California before those that are grown outside
the state as long as specified criteria are met regarding the
price of bids for in-state products. The bill was vetoed by
Governor Gray Davis in 2001.
SB 1893 (Perata) requires state agencies and school districts to
give preference to agricultural products produced in this state
if the cost and quality are equal or superior to those produced
outside California. The bill was held in the Senate
Appropriations Committee suspense file in 2000.
This bill has been double referred, first to the Committee on
Education, and then to this Committee. Please see the analysis
by the Committee on Education for more detailed policy
discussions regarding school meal programs, nutrition standards,
and federal guidelines.
REGISTERED SUPPORT / OPPOSITION :
Support
None on file.
Opposition
None on file.
AB 909
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Analysis Prepared by : Jim Collin / AGRI. / (916) 319-2084