BILL NUMBER: AB 2621 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 29, 2012
INTRODUCED BY Assembly Member Hueso
FEBRUARY 24, 2012
An act to amend Section 109300 of the Health and Safety
Code, relating to disease prevention Sections 38091,
38092, and 38093 of the Education Code, relating to school cafeterias
.
LEGISLATIVE COUNSEL'S DIGEST
AB 2621, as amended, Hueso. Cancer and other serious
diseases: treatment. School cafeterias: cafeteria fund
.
(1) Existing law authorizes the governing board of any school
district to establish cafeterias in the schools under its
jurisdiction and authorizes the money received for the sale of food
or for any services performed by the cafeterias to be paid into the
county treasury to the credit of the "cafeteria fund" of the
particular school district. Existing law requires the cafeteria fund
to be used only for those expenditures authorized by the governing
board of the school district as necessary for the operation of school
cafeterias, including, but not limited to, expenditures for the
lease or purchase of additional cafeteria equipment for the central
food processing plant, vending machines and their installation and
housing, and computer equipment and related software.
This bill would instead require the cafeteria fund to be only used
for those expenditures authorized by the governing board of the
school district as necessary for the operation of school cafeterias
and financial management of the cafeteria fund.
(2) Existing law authorizes the governing board of any school
district with an average daily attendance of over 100,000 to allow as
an expenditure from the cafeteria fund or account a share of money
agreed upon pursuant to a contract, which is generated from the joint
sale of items between the cafeteria and an associated student body
student store.
This bill would instead authorize the governing board of a school
district with an average daily attendance of over 20,000 to allow
this expenditure from the cafeteria fund or account.
(3) Existing law authorizes the governing board of any school
district to establish an account for each cafeteria established in a
school of the school district, or for all cafeterias established in
the schools of the school district, in one or more banks, and
requires all receipts of the cafeteria, or cafeterias, as the case
may be, derived from the sale of food to be deposited in the account
and only expended for specified purposes.
This bill would also require the receipts deposited into the
account to only be expended in accordance with a specified provision.
Existing law requires the State Department of Public Health, among
other things, to adopt regulations prohibiting the prescription,
administration, sale, or other distribution of any drug, substance,
or device found to be harmful or of no value in the diagnosis,
prevention, or treatment of cancer. Existing law prohibits the sale,
offering for sale, holding for sale, delivering, giving away,
prescribing, or administering of any drug, medicine, compound, or
device to be used in the diagnosis, treatment, alleviation, or cure
of cancer unless an application for the drug, medicine, compound, or
device has been approved pursuant to the federal Food, Drug, and
Cosmetic Act or by the Medical Board of California.
This bill would make technical, nonsubstantive changes to those
provisions.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 38091 of the
Education Code is amended to read:
38091. (a) The cafeteria fund shall be used
only for those expenditures authorized by the governing board
of the school district as necessary for the operation of school
cafeterias , including, but not limited to, expenditures
for the lease or purchase of additional cafeteria equipment for the
central food processing plant, vending machines and their
installation and housing, and computer equipment and related software
and financial management of the cafeteria fund
.
Whenever
(b) If a cafeteria fund is
operated pursuant to these provisions this
article , the governing board of a school district
may authorize the establishment of one or more cafeteria revolving
accounts. For accounting purposes, a cafeteria revolving account is
to be treated as a revolving cash account of the cafeteria fund,
providing that the receipt of income and expenditures made from a
cafeteria revolving account become recorded as income and
expenditures of the cafeteria fund. Appropriate transfers,
replenishments, and deposits between the cafeteria fund and a
cafeteria revolving account may occur as are necessary to comply with
accounting requirements. A cafeteria revolving account may receive
and expend moneys in the same manner and for the same purposes as
authorized for a cafeteria account.
The
(c) The governing board of
any a school district, or of two or more
school districts governed by governing boards of identical
personnel, may also make expenditures from the cafeteria fund for the
construction, alteration, or improvement of a central food
processing plant, for the installation of additional cafeteria
equipment for the central food processing plant, and for the lease or
purchase of vehicles used primarily in connection with the central
food processing plant.
SEC. 2. Section 38092 of the Education
Code is amended to read:
38092. The governing board of any a
school district with an average daily attendance of over
100,000 20,000 may allow as an expenditure from
the cafeteria fund or account a share of money agreed upon pursuant
to a contract, which is generated from the joint sale of items
between the cafeteria and an associated student body student store.
The expenditure must result from an agreement entered into by the
cafeteria and the associated student body in which pupils will
participate in the operation of the store.
SEC. 3. Section 38093 of the Education
Code is amended to read:
38093. The governing board of any a
school district may establish an account for each cafeteria
established in a school of the school district, or for all
cafeterias established in the schools of the school
district, in one or more banks. The account shall be known as "The
Cafeteria Account of (insert name of district) District." If the
account is established for one of several cafeterias, it shall be
known as "The Cafeteria Account of the (insert name of school) School
of (insert name of district) District." All receipts of the
cafeteria, or cafeterias, as the case may be, derived from the sale
of food shall be deposited in the account and shall be expended only
for the maintenance of the cafeteria, or cafeterias, exclusive of
items made a charge against the funds of the school district by this
chapter, and items made a charge against the funds of the school
district by resolution of the governing board of the school
district under authority of this chapter and pursuant to
Section 38091 .
SECTION 1. Section 109300 of the Health and
Safety Code is amended to read:
109300. The sale, offering for sale, holding for sale,
delivering, giving away, prescribing, or administering of any drug,
medicine, compound, or device to be used in the diagnosis, treatment,
alleviation, or cure of cancer is unlawful and prohibited unless (1)
an application with respect thereto has been approved under Section
505 of the federal Food, Drug and Cosmetic Act, or (2) there has been
approved an application filed with the board setting forth all of
the following:
(a) Full reports of investigations that have been made to show
whether or not the drug, medicine, compound, or device is safe for
the use, and whether the drug, medicine, compound, or device is
effective in the use.
(b) A full list of the articles used as components of the drug,
medicine, compound, or device.
(c) A full statement of the composition of the drug, medicine,
compound, or device.
(d) A full description of the methods used in, and the facilities
and controls used for, the manufacture, processing, and packing of
the drug, medicine, or compound or in the case of a device, a full
statement of its composition, properties, and construction and the
principle or principles of its operation.
(e) Samples of the drug, medicine, compound, or device and of the
articles used as components of the drug, medicine, compound, or
device as the board may require.
(f) Specimens of the labeling and advertising proposed to be used
for the drug, medicine, compound, or device.