HB1239 97TH GENERAL ASSEMBLY

LRB097 05998 NHT 46069 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB1239

Introduced 02/08/11, by Rep. LaShawn K. Ford

SYNOPSIS AS INTRODUCED:

105 ILCS 5/10-20.53 new
105 ILCS 5/34-18.45 new

Amends the School Code. Provides that each school board must not make available food containing industrially produced trans fat or use food containing industrially produced trans fat in the preparation of a food item served to students from any source, including, but not limited to, school stores, school vending machines, school cafeterias, school food service establishments, and fundraising activities on school premises, whether or not school sponsored. Provides that the prohibition applies to all food and beverages sold on school grounds during the regular and extended school day, but does not apply to food provided through a United States Department of Agriculture meal program. Requires the State Board of Education to establish a procedure for monitoring compliance by school boards, and allows the State Board to establish appropriate penalties based on failure to comply.

FISCAL NOTE ACT MAY APPLY

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

A BILL FOR

AN ACT concerning education.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The School Code is amended by adding Sections 10-20.53 and 34-18.45 as follows:

(105 ILCS 5/10-20.53 new)

Sec. 10-20.53. Prohibition on industrially produced trans fat.

(a) For purposes of this Section:

"Food containing industrially produced trans fat" means a food that contains vegetable shortening, margarine, or any kind of partially hydrogenated vegetable oil, unless the manufacturer's documentation or the label required on the food, pursuant to applicable federal laws and regulations, lists the trans fat content as zero grams of trans fat per serving.

"School food service establishment" means a place that regularly sells or serves a food item or meal on a school campus.

(b) Each school board must not make available food containing industrially produced trans fat or use food containing industrially produced trans fat in the preparation of a food item served to students from any source, including, but not limited to, school stores, school vending machines, school cafeterias, school food service establishments, and fundraising activities on school premises, whether or not school sponsored.

(c) Subsection (b) of this Section applies to all food and beverages sold on school grounds during the regular and extended school day. The extended school day shall include activities such as clubs, yearbook, band and choir practice, student government, drama, and childcare and latchkey programs.

(d) This Section does not apply to food provided through a United States Department of Agriculture meal program.

(e) The State Board of Education shall establish a procedure for monitoring compliance by school boards and may establish appropriate penalties based on failure to comply with this Section.

(105 ILCS 5/34-18.45 new)

Sec. 34-18.45. Prohibition on industrially produced trans fat.

(a) For purposes of this Section:

"Food containing industrially produced trans fat" means a food that contains vegetable shortening, margarine, or any kind of partially hydrogenated vegetable oil, unless the manufacturer's documentation or the label required on the food, pursuant to applicable federal laws and regulations, lists the trans fat content as zero grams of trans fat per serving.

"School food service establishment" means a place that regularly sells or serves a food item or meal on a school campus.

(b) The board must not make available food containing industrially produced trans fat or use food containing industrially produced trans fat in the preparation of a food item served to students from any source, including, but not limited to, school stores, school vending machines, school cafeterias, school food service establishments, and fundraising activities on school premises, whether or not school sponsored.

(c) Subsection (b) of this Section applies to all food and beverages sold on school grounds during the regular and extended school day. The extended school day shall include activities such as clubs, yearbook, band and choir practice, student government, drama, and childcare and latchkey programs.

(d) This Section does not apply to food provided through a United States Department of Agriculture meal program.

(e) The State Board of Education shall establish a procedure for monitoring compliance by the board and may establish appropriate penalties based on failure to comply with this Section.