BILL ANALYSIS �
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|SENATE RULES COMMITTEE | AB 2367|
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THIRD READING
Bill No: AB 2367
Author: Bonilla (D)
Amended: 8/24/12 in Senate
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, as specified.
Senate Floor Amendments of 8/24/12 specify that schools may
sell produce grown in the school garden if the school
district, charter school, or county office of education
complies with applicable federal, state, and local health
and safety requirements for the production, processing, and
distribution of the produce.
ANALYSIS :
CONTINUED
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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 (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, as specified.
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
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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
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 8/27/12)
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
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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."
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
P�rez, Portantino, Silva, Skinner, Solorio, Swanson,
Torres, Valadao, Wagner, Wieckowski, Yamada, John A.
P�rez
NO VOTE RECORDED: Bonilla, Fletcher, Furutani, Hall, Roger
Hern�ndez, Jones, Smyth, Williams
PQ:m 8/27/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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