SB3408 97TH GENERAL ASSEMBLY

LRB097 19914 AMC 65204 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB3408

Introduced 2/7/2012, by Sen. Ira I. Silverstein

SYNOPSIS AS INTRODUCED:

105 ILCS 5/10-20.55 new
105 ILCS 5/34-18.47 new

Amends the School Code. Provides that each school board must not (1) make available to a student any food or beverage that contains any amount of industrially produced trans fat or (2) use a food that contains any industrially produced trans fat in the preparation of a food item or beverage that is intended for consumption by a student. Provides that the prohibition applies to all food and beverages made available to a student on school grounds during each school day and extended school day, including, but not limited to, a food or beverage item made available to a student in a school cafeteria, school store, vending machine, or other food service entity existing upon school grounds or through any fundraising effort conducted by one or more students, teachers, or parents. Provides that the prohibition does not apply to any food or beverage that is made available to a student as part of a meal program of the United States Department of Agriculture.

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 10-20.55 and 34-18.47 as follows:

(105 ILCS 5/10-20.55 new)

Sec. 10-20.55. Prohibition on industrially produced trans fats.

(a) The General Assembly finds and declares that:

(1) dietary intake of trans fats raises the risk of cardiovascular disease by raising the levels of low-density lipoprotein, also known as bad cholesterol, and lowering the levels of high-density lipoprotein, also known as good cholesterol, in one's body;

(2) there is an important need to reduce cardiovascular disease risk in the United States;

(3) approximately 80% of the trans fats in a person's diet come from industrially produced sources and can be identified on an ingredients label as "partially-hydrogenated fats" or "vegetable oils";

(4) industrial food providers have developed trans-fat-free alternatives for use in the United States food supply;

(5) the reduction of trans-fats in a person's diet should be considered within the context of an overall healthy lifestyle, including regular physical activity; moderate food portion sizes; low intakes of saturated fat, cholesterol, sodium, and added sugars; and higher intakes of nutrient-rich foods, such as whole grains, fruits, vegetables, and seafood; and

(6) the reduction of trans-fats in one's diet should not lead to unintended consequences, such as replacing trans-fats with greater intakes of saturated fats.

(b) As used in this Section, unless the context otherwise requires:

"Extended school day" means the school day, plus any additional time that a student spends on school grounds before or after the school day for the purpose of participating in a school-sanctioned extracurricular activity or child care program.

"Industrially produced trans fat" means vegetable shortening, margarine, or any type of partially hydrogenated vegetable oil that contains more than zero grams of trans fat per serving as labeled.

"School day" means that period of time that a pupil is required to be in attendance for instructional purposes.

(c) Each school board must not:

(1) make available to a student any food or beverage that contains any amount of industrially produced trans fat; or

(2) use a food that contains any industrially produced trans fat in the preparation of a food item or beverage that is intended for consumption by a student.

(d) The prohibition described in this Section applies to all food and beverages made available to a student on school grounds during each school day and extended school day, including, but not limited to, a food or beverage item made available to a student in a school cafeteria, school store, vending machine, or other food service entity existing upon school grounds or through any fundraising effort conducted by one or more students, teachers, or parents.

(e) The prohibition described in this Section does not apply to any food or beverage that is made available to a student as part of a meal program of the United States Department of Agriculture.

(f) The State Board of Education may adopt any rules necessary for the administration of this Section.

(105 ILCS 5/34-18.47 new)

Sec. 34-18.47. Prohibition on industrially produced trans fats.

(a) The General Assembly finds and declares that:

(1) dietary intake of trans fats raises the risk of cardiovascular disease by raising the levels of low-density lipoprotein, also known as bad cholesterol, and lowering the levels of high-density lipoprotein, also known as good cholesterol, in one's body;

(2) there is an important need to reduce cardiovascular disease risk in the United States;

(3) approximately 80% of the trans fats in a person's diet come from industrially produced sources and can be identified on an ingredients label as "partially-hydrogenated fats" or "vegetable oils";

(4) industrial food providers have developed trans-fat-free alternatives for use in the United States food supply;

(5) the reduction of trans-fats in a person's diet should be considered within the context of an overall healthy lifestyle, including regular physical activity; moderate food portion sizes; low intakes of saturated fat, cholesterol, sodium, and added sugars; and higher intakes of nutrient-rich foods, such as whole grains, fruits, vegetables, and seafood; and

(6) the reduction of trans-fats in one's diet should not lead to unintended consequences, such as replacing trans-fats with greater intakes of saturated fats.

(b) As used in this Section, unless the context otherwise requires:

"Extended school day" means the school day, plus any additional time that a student spends on school grounds before or after the school day for the purpose of participating in a school-sanctioned extracurricular activity or child care program.

"Industrially produced trans fat" means vegetable shortening, margarine, or any type of partially hydrogenated vegetable oil that contains more than zero grams of trans fat per serving as labeled.

"School day" means that period of time that a pupil is required to be in attendance for instructional purposes.

(c) The board must not:

(1) make available to a student any food or beverage that contains any amount of industrially produced trans fat; or

(2) use a food that contains any industrially produced trans fat in the preparation of a food item or beverage that is intended for consumption by a student.

(d) The prohibition described in this Section applies to all food and beverages made available to a student on school grounds during each school day and extended school day, including, but not limited to, a food or beverage item made available to a student in a school cafeteria, school store, vending machine, or other food service entity existing upon school grounds or through any fundraising effort conducted by one or more students, teachers, or parents.

(e) The prohibition described in this Section does not apply to any food or beverage that is made available to a student as part of a meal program of the United States Department of Agriculture.

(f) The State Board of Education may adopt any rules necessary for the administration of this Section.