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.