BILL ANALYSIS �
AB 2602
Page 1
Date of Hearing: April 9, 2014
ASSEMBLY COMMITTEE ON EDUCATION
Joan Buchanan, Chair
AB 2602 (Eggman) - As Amended: April 2, 2014
[Note: This bill is double referred to the Assembly Agriculture
Committee and will be heard as it relates to issues under its
jurisdiction.]
SUBJECT : Farm to School Program
SUMMARY : Establishes the Farm to School Program within the
Department of Food and Agriculture (DFA) for the purposes of
providing grants and technical assistance to school districts
and county offices of education (COEs) to develop and maintain
farm to school programs. Specifically, this bill :
1)Specifies that the Farm to School Program means a program that
connects schools and California farms with the objective of
serving healthy meals in school cafeterias, improving pupil
nutrition, and providing agriculture, health, and nutrition
educational opportunities.
2)Requires the Secretary of Food and Agriculture (secretary) to
convene an interagency working group on increasing the
provision of fresh and nutritious school meals to pupils that
includes, but is not limited to, representatives of the DFA,
the California Department of Education (CDE), and the State
Department of Public Health (DPH). Requires the working group
to advise the secretary on all of the following:
a) Effective and efficient means of encouraging school
districts and COEs to develop a farm to school program.
b) The availability of state and nonstate resources and
technical assistance to help school districts and COEs in
establishing and maintaining farm to school programs.
3)Requires the secretary, the CDE, and the DPH to use existing
resources to comply with the requirements imposed on the
agencies pursuant to this bill.
4)Specifies that an eligible school district or COE may apply on
behalf of an elementary schoolsite to the DFA, in a manner
determined by the secretary, for a grant to develop and
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maintain a farm to school program.
5)Specifies that a school district or COE is eligible to apply
for the grant if the schoolsite to which the funds will go
serves pupils in prekindergarten, kindergarten, or grades 1
through 6, and the school district or COE has an average of at
least 65% of pupils who are eligible to receive free or
reduced-price meals.
6)Requires the application, at a minimum, to include, but is not
limited to, the following information:
a) The identity of each school at which a farm to school
program is located.
b) The intended items of expenditure for the funds
received, the overall cost of the items, and other sources
of funding, if any.
c) A description of how the funds will be used to meet the
objectives of this bill.
7)Requires the secretary to distribute the grants awarded to
eligible school districts or COEs in accordance with the
following:
a) The maximum grant for any schoolsite shall be $5,000.
b) No school district or COE shall be awarded more than 10%
of overall funds unless the secretary determines there is
insufficient demand from other COEs or school districts.
c) Funds may be used for the following purposes:
i) The development of salad bars.
ii) Staff training related to the preparation of fresh
foods.
iii) Food literacy education, including, but not limited
to, through farms and gardens.
iv) Kitchen equipment related to the preparation of
fresh foods.
8)Specifies that as a condition of receipt of funds, within six
months of the final expenditure of funds received pursuant to
this bill, a school district or COE shall report to the
secretary, in conjunction with the interagency working group,
in a manner prescribed by the secretary, regarding the use of
funds.
9)Authorizes a school district or COE to submit one report for
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all the schools that have received grants that are under the
jurisdiction of the school district or COE.
10)Specifies that the implementation of the provisions of this
bill is contingent upon appropriation of funds by the
Legislature.
11)Makes findings and declarations regarding obesity and the
health problems obesity can cause. Further finds and declares
that farm to school programs could increase access to
California grown vegetables and fruits and provide school
districts with the opportunity to update their kitchen
supplies to meet new federal nutritional guidelines, increase
staff training related to the preparation of fresh foods,
educate pupils on nutrition, and prepare a greater amount and
variety of fruits and vegetables.
EXISTING LAW :
1)Requires each school district or county superintendent of
schools maintaining any kindergarten or any of grades 1
through 12 to provide for each needy pupil one nutritionally
adequate free or reduced-price meal during each schoolday,
except for family day care homes that shall be reimbursed for
75% of the meals served. (Education Code (EC) Section 49550)
2)Defines needy children as those children who meet federal
eligibility criteria for free and reduced price meals, except
for family day care homes which shall be reimbursed for 75% of
the meals. (EC Section 49552)
3)Requires the governing board of a school district and the
county superintendent of schools to make applications for free
or reduced price meals available to students at all times
during each regular schoolday. Requires the application to
contain specified information. (EC Section 49557)
4)Establishes the California Fresh Start Pilot Program to
encourage public schools to provide fruits and vegetables that
have not been deep fried to pupils in the School Breakfast
Program (SBP). Provides a reimbursement of ten cents per meal
to school sites that offer one to two servings of nutritious
fruits or vegetables for breakfast. (EC Section
49565-49565.8)
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5)Requires, as a condition for state funds for free and reduced
price meals, a school to follow the Enhanced Food Based Meal
Pattern, Nutrient Standard Meal Planning, or Traditional Meal
Pattern developed by the United States Department of
Agriculture (USDA) or the SHAPE Menu Patterns developed by the
state. (EC Section 49430.5)
FISCAL EFFECT : Unknown
COMMENTS : This bill establishes a farm to school program with
the goal of increasing access to food grown by local farmers.
Elementary schoolsites with 65% of pupils eligible for free or
reduced-priced meals are eligible for up to $5,000 in grants.
Grant funds can only be used for the following purposes: 1) the
development of salad bars; 2) staff training related to the
preparation of fresh foods; 3) food literacy education,
including, but not limited to, through farms and gardens; and,
4) kitchen equipment related to the preparation of fresh foods.
The grant program is administered by the DFA and is contingent
on funding provided by the Legislature.
The author states, "In the United States, 1 in 3 children suffer
from obesity. Obesity leads to a variety of health problems
such as heart disease and diabetes. In California, schools have
responded to these health concerns by serving healthier food.
For instance 89.1 percent of schools are currently meeting new
nutritional federal guidelines. However, in order for schools
to continue to meet these guidelines and better serve their
students, additional resources are needed. One in three school
districts reported lacking adequate kitchen supplies to prepare
a greater variety of fruits and vegetables [in] schools."
School meal programs . Existing law requires local educational
agencies to provide one nutritiously adequate free and
reduced-price meal to needy children once a day during each
schoolday. A needy child is defined as a child who meets the
federal eligibility for free and reduced-price meals. As an
example, a pupil is eligible for free meals if his/her family
income is less than $30,615 for a family of four, and
reduced-price meals if his/her family income is less than
$43,568. School meal programs are funded predominantly by the
USDA through its National School Lunch (NSL) and SBP and
supplemented by state funds. These programs are federal
entitlement programs, which mean that allocations are not fixed;
federal funds will be provided as long as recipients meet income
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eligibility criteria. According to the CDE, on an average day,
more than 4.7 million meals are served at approximately 43,000
locations.
Nutrition standards . The USDA requires meals provided under the
NSL and SBPs to meet the recommendations of the federal Dietary
Guidelines for Americans. Meals under the NSL and SBP must also
provide one-third and one-fourth, respectively, of the
Recommended Dietary Allowance for protein, calcium, iron,
Vitamin A, Vitamin C and calories. The USDA gives local school
food officials the authority to make decisions about the
specific food to serve and how they are prepared. As a
condition for receipt of state funds for the meal programs,
existing state law further limits serving of food that is deep
fried, par fried, or flashed fried, and food containing
artificial trans fat.
Federal Farm to School Program . Under the federal Healthy,
Hunger-Free Kids Act of 2010, changes were made to the NSL and
SBP through regulations adopted in 2012 to, among others,
improve school nutrition quality. The Act also provided $5
million annually for the Farm to School Grant Program to improve
access to local foods in eligible schools. The grants provide
between $15,000 to $100,000 that can be used for training,
supporting operations, planning, purchasing equipment,
developing school gardens, developing partnerships and
implementing farm to school programs.
Farm to school programs in California . According to the CDE,
California was one of the first states to establish farm to
school programs. Santa Monica-Malibu Unified School District's
Farmers' Market Salad Bar was one of the first programs,
established in 1997. It was expanded to all schools in the
district by 2001. The district purchases fresh produce from the
local farmer's market twice a week. According to an official
from the district, the cost for the produce did not increase,
but there are some increased costs to administer the program.
The Davis Joint Unified School District has a farm to school
program where fresh fruits and vegetables are purchased from
local farms and vendors. A centralized kitchen cooks all the
meals for the schools in the district. Having the proper
equipment and facilities are major components of the food
program. Instead of pre-packaged, processed food and canned
sauces, the district prepares meals using fruits and vegetables
that are in season and makes soups, vegetable stir fry, and
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spaghetti sauce using fresh ingredients. Other models of farm
to school programs include establishing school gardens (used for
educational and food program purposes) and purchasing from a
third party that delivers locally grown produce.
Should school districts be allowed to apply for funds ? This
bill specifies that school districts or COEs may apply on behalf
of elementary schoolsites. This would prohibit school districts
seeking to develop centralized school kitchens from receiving
grants. The author may wish to consider allowing school
districts to apply for grants.
Arguments in support . The California Food Policy Advocates
(CFPA) states, "According to a survey conducted by the Kid's
Safe and Healthful Food Projects, 1 in 3 school districts
reported lack of adequate kitchen supplies to prepare a greater
variety of fruits and vegetables. Additional resources for this
purpose will support innovation in the cafeteria. CFPA is also
encouraged by the opportunity to support the introduction of new
menu options in schools across California. Based on our
previous experience, new menu options are effective in
encouraging improved participation in school meals. This is
particularly true when students are involved in the selection
through taste tests and surveys; ensuring that the new items
reflect the taste preference of our customers."
Previous related legislation . AB 909 (Alejo), held in the
Assembly Appropriations Committee suspense file in 2012,
establishes the Farm to School Program. The bill authorizes a
school district to submit an application to the CDE for
reimbursement of five cents for every meal the district serves
as part of the NSL or SBP if at least 80% of the expenditure for
fresh produce for use in its food service program is derived
from California produce.
AB 967 (Nava), establishes the Farm Fresh Schools program, which
provides specified grants to school districts to promote the
consumption of locally grown fruits and vegetables in public
schools. The bill was held in the Assembly Appropriations
Committee suspense file in 2007.
AB 2121 (Nava) was identical to AB 967 and was held in the
Assembly Appropriations Committee suspense file in 2006.
SB 281 (Maldonado), Chapter 236, Statutes of 2005, establishes
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the California Fresh Start Pilot Program to encourage public
schools to provide fruits and vegetables that have not been deep
fried to pupils in the SBP. The bill appropriated $400,000 to
provide a reimbursement of ten cents per meal to school sites
that offer one to two servings of nutritious fruits or
vegetables for breakfast.
AB 826 (Nava) establishes the California Farm to School Child
Nutrition Improvement Program, which requires the CDE, to the
extent funds are available from identified sources, and in
collaboration with the DFA and the California Department of
Health Services (DHS) to implement outreach and training of
school food service personnel and the agricultural industry in
order to facilitate the delivery of fresh fruits and vegetables
to school cafeterias. The bill was vetoed by Governor
Schwarzenegger in 2005.
AB 2504 (Maldonado) requires the DHS to administer a two-year
pilot program to make available free fresh and dried fruits and
vegetables to pupils in 25 eligible elementary and secondary
schools throughout the state. The bill was vetoed by Governor
Schwarzenegger in 2004.
AB 801 (Salinas) establishes the Choose California Act, which
requires all state owned or state run institutions, including
public schools and school districts, to purchase agricultural
products grown in California before those that are grown outside
the state as long as specified criteria are met regarding the
price of bids for in-state products. The bill was vetoed by
Governor Gray Davis in 2001.
SB 1893 (Perata) requires state agencies and school districts to
give preference to agricultural products produced in this state
if the cost and quality are equal or superior to those produced
outside California. The bill was held in the Senate
Appropriations Committee suspense file in 2000.
REGISTERED SUPPORT / OPPOSITION :
Support
California Catholic Conference of Bishops
California Food Policy Advocates
California Pan-Ethnic Health Network
California School Employees Association
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County Health Executives Association of California
Opposition
None on file
Analysis Prepared by : Sophia Kwong Kim / ED. / (916) 319-2087