HB0137ham001 97TH GENERAL ASSEMBLY

Rep. La Shawn K. Ford

Filed: 3/7/2011

09700HB0137ham001 LRB097 05195 NHT 52151 a

AMENDMENT TO HOUSE BILL 137

AMENDMENT NO. ______. Amend House Bill 137 by replacing everything after the enacting clause with the following:

"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. Trans fat ban.

(a) For the purposes of this Section:

"Individually packaged food item" means a food item in the manufacturer's original, sealed package.

"Trans fat" means fat that is considered trans fat by the U.S. Food and Drug Administration. "Trans fat" does not include naturally occurring trans fat. Food shall be deemed to contain trans fat under this Section if the food is labeled as, lists as an ingredient, or contains any kind of partially hydrogenated vegetable oil, including without limitation vegetable shortening or margarine. However, food shall not be deemed to contain trans fat under this Section if the food contains less than 0.5 grams of trans fat per serving.

(b) Beginning with the 2011-2012 school year, a school board shall prohibit schools from selling or serving any individually packaged food item that contains trans fat in a vending machine, a la carte, or as part of the school breakfast program, the school lunch program, or the summer food service program. Each school shall certify compliance with this Section in writing to the president of the school board, and this certification must be read into the record at the next regularly scheduled board meeting after receipt of the certification.

(c) This Section does not apply to individually packaged food items sold or served by students off-campus as part of a fundraiser or to fundraisers that take place on campus by groups that are not associated with the school.

(105 ILCS 5/34-18.45 new)

Sec. 34-18.45. Trans fat ban.

(a) For the purposes of this Section:

"Individually packaged food item" means a food item in the manufacturer's original, sealed package.

"Trans fat" means fat that is considered trans fat by the U.S. Food and Drug Administration. "Trans fat" does not include naturally occurring trans fat. Food shall be deemed to contain trans fat under this Section if the food is labeled as, lists as an ingredient, or contains any kind of partially hydrogenated vegetable oil, including without limitation vegetable shortening or margarine. However, food shall not be deemed to contain trans fat under this Section if the food contains less than 0.5 grams of trans fat per serving.

(b) Beginning with the 2011-2012 school year, the board shall prohibit schools from selling or serving any individually packaged food item that contains trans fat in a vending machine, a la carte, or as part of the school breakfast program, the school lunch program, or the summer food service program. Each school shall certify compliance with this Section in writing to the president of the board, and this certification must be read into the record at the next regularly scheduled board meeting after receipt of the certification.

(c) This Section does not apply to individually packaged food items sold or served by students off-campus as part of a fundraiser or to fundraisers that take place on campus by groups that are not associated with the school.

Section 99. Effective date. This Act takes effect upon becoming law.".