California Assembly Bill AB2287 Amended / Bill

 BILL NUMBER: AB 2287AMENDED BILL TEXT AMENDED IN ASSEMBLY APRIL 3, 2014 INTRODUCED BY Assembly Member Pan  (   Coauthor:   Assembly Member   Skinner   )  FEBRUARY 21, 2014 An act to  amend Section 49430.7 of   add Section 49557.25 to  the Education Code, relating to school nutrition. LEGISLATIVE COUNSEL'S DIGEST AB 2287, as amended, Pan. Free and reduced-price meals: gluten-free meals.  Existing law provides for a school lunch program under which eligible pupils receive free or reduced-price meals.   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.   (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.   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.   (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.   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.  Vote: majority. Appropriation: no. Fiscal committee:  yes   no  . State-mandated local program:  yes   no  . THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:  SECTION 1.   The Legislature finds and declares all of the following:   (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.   (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.   (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.   (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.   (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.   (f) Gluten-free foods are available at prices that are comparable to foods made with wheat, rye, and barley.   SEC. 2.   Section 49557.25 is added to the   Education Code   ,  immediately following Section 49557.2  , to read:   49557.25. (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.       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.