BILL ANALYSIS �
AB 2367
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Date of Hearing: April 18, 2012
ASSEMBLY COMMITTEE ON EDUCATION
Julia Brownley, Chair
AB 2367 (Bonilla) - As Amended: March 29, 2012
SUBJECT : Instructional school gardens: sale of surplus
produce
SUMMARY : 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.
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 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 (EC) Section 51795)
2)Establishes the Instructional School Gardens Program,
administered by the California 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. (EC Section 51796)
3)Authorizes a school district, charter school, or county office
of education may apply to the Superintendent for funding for a
three-year grant under this article in a manner determined by
the Superintendent of Public Instruction (SPI), in order to
develop and maintain an instructional school garden. (EC
Section 51796.2)
FISCAL EFFECT : According to the Legislative Counsel, this bill
is non-fiscal.
COMMENTS : Existing law encourages schools to establish school
garden programs. School garden programs have many functions and
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benefits. In addition to being an instructional program, school
garden programs can supply produce for a school's meal program
and teach kids the benefits of making healthier food choices
such as fresh fruits and vegetables. Garden programs also
provide an opportunity to teach composting, including
vermiposting using worms. In 1995, the CDE launched the Garden
in Every School initiative and collaborates with entities that
support school gardens, including public and private
agricultural agencies, waste management agencies, health
agencies and others.
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.
This bill authorizes a school district, charter school or a
county office of education that is operating an instructional
school garden program pursuant to sell any surplus produce grown
as part of the program.
The author states, "The Education Code, while permissive, is not
clear on whether schools can sell their excess garden produce.
With the recent and ongoing cuts to our K-12 system, school
districts are forced to cut essential programs and still
continue to provide a high-quality education. During these
tough economic times, the first programs to see decrease in
funding or complete elimination are recreational activities,
including school gardens."
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 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
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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.
Existing law authorizes the governing board of a school district
or county office of education to allow any pupil or adult entity
or organization to sell food on school premises, subject to
policy and regulations adopted by the State Board of Education.
Existing law also authorizes a governing board to authorize
student clubs to hold fundraisers. (EC Section 48931 and 48932)
Title 5, Sections 15500 and 15501 of the California Code of
Regulations regulate sales by student organizations. It is
unclear whether these laws and regulations apply to produce sold
by a school. This bill will help clarify that schools are
authorized to sell produce.
Local ordinances may require licensing or certification to sell
produce at a farmers market or to a restaurant. For example,
according to schoolgardenweekly.com, based in Los Angeles, a
certificate from the Los Angeles County Agricultural
Commissioner Weights & Measures Department is required to sell a
school's produce at a farmer's market. Selling produce to a
restaurant would require proper standard size and product
labeling. No certificates are required to sell produce at a
school.
Committee amendments : The bill authorizes schools to sell
"surplus" produce. The law does not dictate the uses of produce
grown in school gardens. It is unclear what is considered
surplus. Staff recommends striking "surplus". The bill
authorizes any school, charter school or county office of
education participating in the Instructional School Gardens
Program to sell produce as part of the program. This would not
authorize school gardens that did not receive grant funds as
part of this program to sell produce. Staff recommends
clarifying that any schoolsite with a school garden may sell
produce grown in its garden.
REGISTERED SUPPORT / OPPOSITION :
Support
None on file
Opposition
None on file
Analysis Prepared by : Sophia Kwong Kim / ED. / (916) 319-2087
AB 2367
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