81R3560 KKA-D
By: Shapleigh S.B. No. 352
A BILL TO BE ENTITLED
AN ACT
relating to a prohibition of trans fatty acids in meals provided to
students by school districts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 38, Education Code, is
amended by adding Section 38.0111 to read as follows:
Sec. 38.0111. TRANS FATTY ACIDS. (a) In providing meals to
students at a campus, a school district may not, except as provided
by Subsection (b), serve a food that contains trans fatty acids or
that was prepared using another food that contains trans fatty
acids.
(b) This section does not prohibit a school district from
serving:
(1) a food that contains or was prepared using another
food that contains only trans fatty acids that occur naturally in
the food;
(2) a commodity provided to the district by the United
States Department of Agriculture or a food that was prepared using a
commodity provided to the district by the United States Department
of Agriculture; or
(3) a food that contains only a trace amount of trans
fatty acids, as determined by the commissioner rule.
(c) In adopting rules for purposes of Subsection (b)(3), the
commissioner shall consider any applicable standards of the United
States Food and Drug Administration.
(d) In complying with this section and selecting
alternative foods and preparation methods to replace prohibited
foods and preparation methods, a school district shall use the best
possible alternatives that promote student health and are
consistent with nutritional best practices.
SECTION 2. This Act applies beginning with the 2010-2011
school year.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.