BILL ANALYSIS �
AB 2367
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 2367 (Bonilla)
As Amended August 24, 2012
Majority vote
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|ASSEMBLY: |72-0 |(May 3, 2012) |SENATE: |34-0 |(August 29, |
| | | | | |2012) |
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Original Committee Reference: ED.
SUMMARY : Authorizes a school district, charter school, or
county office of education that is operating a school garden to
sell produce grown in the school garden, regardless of whether
the school participates in the Instructional School Gardens
Program, 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.
The Senate amendments specify that produce may only be sold 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.
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)
AB 2367
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3)Authorizes a school district, charter school, or county office
of education to 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. (EC
Section 51796.2)
AS PASSED BY THE ASSEMBLY , this bill was substantially similar
to the version passed by the Senate.
FISCAL EFFECT : Unknown. This bill is keyed non-fiscal by the
Legislative Counsel.
COMMENTS : Existing law encourages schools to establish school
garden programs. School garden programs have many functions and
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 (Nu�ez), 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 to sell produce grown in the school's
garden, as long as there is compliance with federal, state, and
local health and safety requirements.
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
AB 2367
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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
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.
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 and 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.
Analysis Prepared by : Sophia Kwong Kim / ED. / (916) 319-2087
FN: 0005655