Amended in Assembly April 8, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 2385

Introduced by Assembly Member Ting

February 21, 2014

An act to begin delete amend Section 38083 of the Education Code, relating to school nutrition. end delete begin insert add Article 6 (commencing with Section 510) to Chapter 3 of Part 1 of Division 1 of the Food and Agricultural Code, relating to food and agriculture. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 2385, as amended, Ting. begin delete School nutrition: cafeterias. end delete begin insert Market Match Nutrition Incentive end insert begin insert Program. end insert

begin insert

Existing law establishes the Department of Food and Agriculture, which is tasked with, among other things, promoting and protecting the agricultural industry of the state, and seeking to enhance, protect, and perpetuate the ability of the private sector to produce food and fiber to benefit the general welfare and economy of the state.

end insert begin insert

This bill would establish the Market Match Nutrition Incentive Program in the department, and would create the Market Match Nutrition Incentive Account in the Department of Food and Agriculture Fund to collect matching funds received from a specified federal grant program used to provide grants under the Market Match Nutrition Incentive Program and to administer the Market Match Nutrition Incentive Program in accordance with specified requirements. The bill would require the department to establish minimum standards, funding schedules, and procedures for awarding grants, as specified, and would require the department to award grants to qualified entities, as defined, in accordance with certain priorities.

end insert begin delete

Existing law authorizes the governing board of any school district to establish cafeterias in the schools under its jurisdiction. Existing law authorizes a school district to purchase perishable foodstuffs and seasonal commodities needed in the operation of cafeterias, as specified.

end delete begin delete

This bill would authorize the purchase of perishable foodstuffs and seasonal commodities needed in the operation of cafeterias to be given preference by the school district, as specified.

end delete

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

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

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Article 6 (commencing with Section 510) is added
to Chapter 3 of Part 1 of Division 1 of the end insert begin insert Food and Agricultural
Code end insert begin insert , to read: end insert

begin insert

 

Article begin insert 6. end insert   Market Match Nutrition Incentive Program

 

begin insert 510. end insert   

(a) The Market Match Nutrition Incentive Program is
hereby established in the department for purposes of encouraging
the purchase and consumption of California fresh fruits, nuts, and
vegetables by directly linking California fresh fruit, nut, and
vegetable producers with nutrition benefit clients.

(b) It is the intent of the Legislature in establishing the Market
Match Nutrition Incentive Program to double the purchasing value
of the nutrition assistance received by nutrition benefit clients
when purchasing fresh fruits, nuts, and vegetables from authorized
vendors operating in conjunction with qualified entities.

begin insert 511. end insert   

For purposes of this article, the following definitions shall
apply:

(a) “Nutrition benefit client” means a person who receives
services or payments through any of the following:

(1) CalFresh, as described in Section 18900.2 of the Welfare
and Institutions Code.

(2) Implementation of the federal WIC Farmers’ Market
Nutrition Act of 1992 (Public Law 102-314).

(3) The Senior Farmers’ Market Nutrition Program, as
described in Section 3007 of Title 7 of the United States Code.

(4) Supplemental Security Income or State Supplementary
Payment, as described in Section 1381 et seq. of Title 42 of the
United States Code.

(b) “Qualified entity” means a certified farmers’ market, as
described in Section 47004, an association of certified producers,
or a nonprofit organization representing a collective or association
of certified producers that is authorized by the United States
Department of Agriculture to accept federal Supplemental Nutrition
Assistance Program (Chapter 51 (commencing with Section 2011)
of Title 7 of the United States Code) benefits from recipient
purchasers at a farmers’ market. Certified producers shall be
certified by the county agricultural commissioner pursuant to
Section 47020.

begin insert 512. end insert   

The Market Match Nutrition Incentive Account is hereby
created in the Department of Food and Agriculture Fund to collect
matching funds from the federal Food Insecurity Nutrition
Incentives Grant Program (7 U.S.C. Sec. 7517) used to provide
grants under the Market Match Nutrition Incentive Program and
to administer the Market Match Nutrition Incentive Program in
accordance with all of the following:

(a) Subject to the adoption of regulations by the United States
Department of Agriculture in accordance with the federal
Agricultural Act of 2014 (Public Law 113-79) and an appropriation
in the annual Budget Act, moneys in the Market Match Nutrition
Incentive Account shall be awarded in the form of grants to
qualified entities for market match programs.

(b) The department shall establish minimum standards, funding
schedules, and procedures for awarding grants in consultation
with the United States Department of Agriculture and other
interested stakeholders including, but not limited to, the California
Health and Human Services Agency, organizations with expertise
in nutrition benefit programs, and certified farmers’ market
operators.

(c) Priority in the awarding of grants to qualified entities shall
be based on, but not limited to, the degree of the existence of the
following demographic conditions and the character of the
communities in which direct sales of fresh fruits, nuts, and
vegetables are made to the public by authorized vendors operating
in conjunction with a qualified entity:

(1) The number of people who are eligible for, or receiving,
nutrition benefit program services.

(2) The prevalence of diabetes, obesity, and other diet-related
illnesses.

(3) The availability of access to fresh fruits, nuts, and vegetables.

(4) The qualified entities with the greatest efficiencies in the
administration of a market match program.

end insert

begin delete

SECTION 1.  

Section 38083 of the Education Code is amended
to read:

38083.  

Perishable foodstuffs and seasonal commodities needed
in the operation of cafeterias may be purchased and given
preference by the school district in accordance with rules and
regulations for the purchases and preferences adopted by the
governing board of the school district notwithstanding any
provisions of this code in conflict with those rules and regulations.

end delete