Amended in Assembly April 3, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 2287

Introduced by Assembly Member Pan

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(Coauthor: Assembly Member Skinner)

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February 21, 2014

An act to begin delete amend Section 49430.7 of end delete begin insert add Section 49557.25 to end insert the Education Code, relating to school nutrition.

LEGISLATIVE COUNSEL’S DIGEST

AB 2287, as amended, Pan. Free and reduced-price meals: gluten-free meals.

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Existing law provides for a school lunch program under which eligible pupils receive free or reduced-price meals.

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This bill would authorize a school district or county superintendent of schools to incorporate into the free or reduced-priced meals application packet or notification of eligibility for the free or reduced-priced meals program a notification and request for a gluten-free meal if a child qualifies for free or reduced-priced school meals and the child has an individualized education program authorizing gluten-free meals, as specified.

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(1) The Pupil Nutrition, Health, and Achievement Act of 2001 requires a school or school district to be reimbursed $0.2229 for free and reduced-price meals sold or served to pupils. To qualify for this reimbursement, a school or school district is required, and a child development program is encouraged, to comply with specified nutrition-related prohibitions and requirements, among which is a prohibition against selling or serving a food item containing artificial trans fat.

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This bill would require a school or school district, and would encourage a child development program, to provide a gluten-free meal option in order to qualify for that reimbursement. By requiring schools and school districts to satisfy new requirements for free and reduced-price meals, the bill would impose a state-mandated local program.

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(2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

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This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

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Vote: majority. Appropriation: no. Fiscal committee:  begin delete yes end delete begin insert no end insert . State-mandated local program:  begin delete yes end delete begin insert no end insert .

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

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The Legislature finds and declares all of the
following:

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(a) Celiac disease, also known as celiac sprue or gluten-sensitive
enteropathy, is a permanent intolerance to the gliadin faction of
wheat protein and related alcohol-soluble prolamines found in
rye and barley, commonly known as gluten.

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(b) For people with celiac disease, exposure to gluten causes
an autoimmune condition where the body starts attacking normal
intestinal tissue. In response to eating gluten, the body destroys
the intestinal villi, which are the small, finger-like projections in
the small intestine that absorb nutrients from food. Repeated
exposure to gluten, and resulting intestinal inflammation and
destruction of the villi, leads to malabsorption of food, iron
deficiency anemia, ostopenia, osteoporosis, increased risk of
developing other autoimmune disorders, and gastrointenstinal
cancers.

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(c) Gluten intolerance and wheat allergies may include reactions
in the skin, mouth, gastrointenstinal tract, and lungs and cause
rashes, wheezing, lip swelling, gassiness, abdominal pain,
abdominal distention or constipation, and diarrhea.

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(d) The National Institutes of Health estimates that 1 in 133
people with no genetic risk factors have celiac disease, while up
to 1 in 22 people with genetic risk factors have celiac disease.
Gluten intolerance and wheat allergy are even more common, with
wheat allergy being one of the top eight food allergies in the United
States.

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(e) Federal regulations, Part 15b of Subtitle A of Title 7 of the
Code of Federal Regulations, require substitutions or modifications
in school meals for children whose disabilities restrict their diets.
A child with a disability must be provided substitutions in foods
when that need is supported by a statement signed by a licensed
physician.

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(f) Gluten-free foods are available at prices that are comparable
to foods made with wheat, rye, and barley.

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begin insert SEC. 2. end insert   

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begin insert Section 49557.25 is added to the end insert begin insert Education Code end insert begin insert , end insert immediately following Section 49557.2 begin insert , to read: end insert

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begin insert 49557.25. end insert   

(a) At the option of the school district or county
superintendent of schools, the following information may be
incorporated into the free or reduced-price meals application
packet or notification of eligibility for the free or reduced-priced
meals program using simple and culturally appropriate language:

(1) A notification that if a child qualifies for free or
reduced-priced school meals and the child has an individualized
education program authorizing gluten-free meals, then the child
may request a gluten-free meal.

(2) A request for the applicant’s consent for the child to receive
a gluten-free meal if eligible for free or reduced-price school meals
and the child has an individualized education program authorizing
gluten-free meals.

(b) Effective January 1, 2015, the notifications referenced in
subdivision (a) shall comply with the federal Americans with
Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.) and any
other applicable federal or state disabled access law.

(c) A school district also may include the notifications detailed
in subdivision (a) in the notifications at the beginning of the first
semester or quarter of the regular school term required pursuant
to Section 48980.

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SECTION 1.  

Section 49430.7 of the Education Code is
amended to read:

49430.7.  

(a) For purposes of this section, the following terms
have the following meanings:

(1) “School” means a school operated and maintained by a
school district or county office of education, or a charter school.

(2) “School district” means a school district, charter school, or
county office of education.

(3) “Child development program” means a program operated
pursuant to Chapter 2 (commencing with Section 8200) of Part 6
of Division 1 of Title 1.

(b) As a condition of receipt of funds pursuant to Section
49430.5, commencing with the 2007-08 fiscal year, for meals and
food items sold as part of the free and reduced-price meal
programs, a school or school district shall comply with all of the
following requirements and prohibitions:

(1) Follow the United States Department of Agriculture (USDA)
nutritional guidelines or the menu planning options of Shaping
Health as Partners in Education developed by the state (SHAPE
California network).

(2) Not sell or serve a food item that has in any way been deep
fried, par fried, or flash fried by a school or school district.

(3) Not sell or serve a food item containing artificial trans fat.
A food item contains artificial trans fat if it contains vegetable
shortening, margarine, or any kind of hydrogenated or partially
hydrogenated vegetable oil, unless the manufacturer’s
documentation or the label required on the food, pursuant to
applicable federal and state law, lists the trans fat content as less
than 0.5 gram per serving.

(4) Not sell or serve a food item that, as part of the
manufacturing process, has been deep fried, par fried, or flash fried
in an oil or fat that is prohibited by this paragraph. Oils and fats
prohibited by this paragraph include, but are not limited to, palm,
coconut, palm kernel, lard, typically solid at room temperature and
are known to negatively impact cardiovascular health. Oils
permitted by this paragraph include, but are not limited to, canola,
safflower, sunflower, corn, olive, soybean, peanut, or a blend of
these oils, typically liquid at room temperature and are known for
their positive cardiovascular benefit.

(5) Provide a gluten-free meal option.

(c) Commencing with the 2007-08 fiscal year, for meals and
food items sold as part of the free and reduced-price meal
programs, a child development program is encouraged to comply
with all of the following guidelines:

(1) Meet developmentally and programmatically appropriate
meal pattern and meal planning requirements developed by the
USDA or menu planning options of Shaping Health as Partners in
Education developed by the state (SHAPE California network).

(2) Not sell or serve a food item that has in any way been deep
fried, par fried, or flash fried by a school, school district, or child
development program.

(3) Not sell or serve a food item containing artificial trans fat.
A food item contains artificial trans fat if it contains vegetable
shortening, margarine, or any kind of hydrogenated or partially
hydrogenated vegetable oil, unless the manufacturer’s
documentation or the label required on the food, pursuant to
applicable federal and state law, lists the trans fat content as less
than 0.5 gram per serving.

(4) Not sell or serve a food item that, as part of the
manufacturing process, has been deep fried, par fried, or flash fried
in an oil or fat prohibited by this paragraph. Oils and fats prohibited
by this paragraph include, but are not limited to, palm, coconut,
palm kernel, lard, typically solid at room temperature and are
known to negatively impact cardiovascular health. Oils permitted
by this provision include, but are not limited to, canola, safflower,
sunflower, corn, olive, soybean, peanut, or a blend of these oils,
typically liquid at room temperature and are known for their
positive cardiovascular benefit.

(5) Provide a gluten-free meal option.

(d) The prohibitions and requirements of this section regarding
food items sold or served by a school or school district apply to
raw bulk USDA commodity foods ordered by schools or school
districts and sent to commercial processors for conversion into
ready to use end products, but do not apply to other USDA
commodity foods until the scheduled 2009 reauthorization of the
USDA National School Lunch Program is complete or ingredient
and nutrition information is available for all USDA commodity
foods, whichever is earlier.

(e) As a condition of receipt of funds pursuant to Section
49430.5, by no later than June 30, 2008, and annually thereafter,
schools and school districts shall provide the department with an
annual certification of compliance with the provisions of this
section.

(f) This section shall become operative only upon an
appropriation for its purposes in the annual Budget Act or another
statute.

SEC. 2.  

If the Commission on State Mandates determines that
this act contains costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division
4 of Title 2 of the Government Code.

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