BILL ANALYSIS �
SENATE COMMITTEE ON EDUCATION
Alan Lowenthal, Chair
2011-2012 Regular Session
BILL NO: AB 2367
AUTHOR: Bonilla
AMENDED: April 26, 2012
FISCAL COMM: No HEARING DATE: June 20, 2012
URGENCY: No CONSULTANT: Lynn Lorber
SUBJECT : School gardens: sale of produce.
SUMMARY
This bill authorizes a school to sell produce grown in the
school's garden.
BACKGROUND
Various informal school garden programs exist, as well as
those established in statute, such as:
1) The Instructional School Gardens Program. (Education
Code � 51795)
2) The original Instructional School Garden Program. (EC
� 9000)
3) School Farms. (EC � 52700)
According to the California Department of Education's
website, the Nutrition Services Division leads the Garden
in Every School program which includes 3,000 gardens.
The Healthy Schools Act, among other things, prohibits the
use of a pesticide that has been granted conditional
registration, an interim registration or an experimental
use permit. (EC � 17608-17613)
According to the United States Department of Agriculture
(USDA), schools are authorized to sell food grown in the
school's garden. The USDA encourages schools to
familiarize themselves with federal, state and local
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requirements regarding health and sanitation issues.
ANALYSIS
This bill authorizes a school district, charter school or
county office of education that is operating a school
garden to sell any produce grown in the school garden,
regardless of whether the school participates in the
Instructional School Gardens Program.
STAFF COMMENTS
1) Need for the bill . 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
produce. This decision shall be made locally and can
include school cafeterias, after school programs,
farmers markets, etc."
2) 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.
3) 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.
SUPPORT
Small School Districts' Association
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Western Growers Association
OPPOSITION
None on file.