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.


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FISCAL NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

 

 

A BILL FOR

 

SB3408LRB097 19914 AMC 65204 b

1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The School Code is amended by adding Sections
510-20.55 and 34-18.47 as follows:
 
6    (105 ILCS 5/10-20.55 new)
7    Sec. 10-20.55. Prohibition on industrially produced trans
8fats.
9    (a) The General Assembly finds and declares that:
10        (1) dietary intake of trans fats raises the risk of
11    cardiovascular disease by raising the levels of
12    low-density lipoprotein, also known as bad cholesterol,
13    and lowering the levels of high-density lipoprotein, also
14    known as good cholesterol, in one's body;
15        (2) there is an important need to reduce cardiovascular
16    disease risk in the United States;
17        (3) approximately 80% of the trans fats in a person's
18    diet come from industrially produced sources and can be
19    identified on an ingredients label as
20    "partially-hydrogenated fats" or "vegetable oils";
21        (4) industrial food providers have developed
22    trans-fat-free alternatives for use in the United States
23    food supply;

 

 

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1        (5) the reduction of trans-fats in a person's diet
2    should be considered within the context of an overall
3    healthy lifestyle, including regular physical activity;
4    moderate food portion sizes; low intakes of saturated fat,
5    cholesterol, sodium, and added sugars; and higher intakes
6    of nutrient-rich foods, such as whole grains, fruits,
7    vegetables, and seafood; and
8        (6) the reduction of trans-fats in one's diet should
9    not lead to unintended consequences, such as replacing
10    trans-fats with greater intakes of saturated fats.
11    (b) As used in this Section, unless the context otherwise
12requires:
13        "Extended school day" means the school day, plus any
14    additional time that a student spends on school grounds
15    before or after the school day for the purpose of
16    participating in a school-sanctioned extracurricular
17    activity or child care program.
18        "Industrially produced trans fat" means vegetable
19    shortening, margarine, or any type of partially
20    hydrogenated vegetable oil that contains more than zero
21    grams of trans fat per serving as labeled.
22        "School day" means that period of time that a pupil is
23    required to be in attendance for instructional purposes.
24    (c) Each school board must not:
25        (1) make available to a student any food or beverage
26    that contains any amount of industrially produced trans

 

 

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1    fat; or
2        (2) use a food that contains any industrially produced
3    trans fat in the preparation of a food item or beverage
4    that is intended for consumption by a student.
5    (d) The prohibition described in this Section applies to
6all food and beverages made available to a student on school
7grounds during each school day and extended school day,
8including, but not limited to, a food or beverage item made
9available to a student in a school cafeteria, school store,
10vending machine, or other food service entity existing upon
11school grounds or through any fundraising effort conducted by
12one or more students, teachers, or parents.
13    (e) The prohibition described in this Section does not
14apply to any food or beverage that is made available to a
15student as part of a meal program of the United States
16Department of Agriculture.
17    (f) The State Board of Education may adopt any rules
18necessary for the administration of this Section.
 
19    (105 ILCS 5/34-18.47 new)
20    Sec. 34-18.47. Prohibition on industrially produced trans
21fats.
22    (a) The General Assembly finds and declares that:
23        (1) dietary intake of trans fats raises the risk of
24    cardiovascular disease by raising the levels of
25    low-density lipoprotein, also known as bad cholesterol,

 

 

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1    and lowering the levels of high-density lipoprotein, also
2    known as good cholesterol, in one's body;
3        (2) there is an important need to reduce cardiovascular
4    disease risk in the United States;
5        (3) approximately 80% of the trans fats in a person's
6    diet come from industrially produced sources and can be
7    identified on an ingredients label as
8    "partially-hydrogenated fats" or "vegetable oils";
9        (4) industrial food providers have developed
10    trans-fat-free alternatives for use in the United States
11    food supply;
12        (5) the reduction of trans-fats in a person's diet
13    should be considered within the context of an overall
14    healthy lifestyle, including regular physical activity;
15    moderate food portion sizes; low intakes of saturated fat,
16    cholesterol, sodium, and added sugars; and higher intakes
17    of nutrient-rich foods, such as whole grains, fruits,
18    vegetables, and seafood; and
19        (6) the reduction of trans-fats in one's diet should
20    not lead to unintended consequences, such as replacing
21    trans-fats with greater intakes of saturated fats.
22    (b) As used in this Section, unless the context otherwise
23requires:
24        "Extended school day" means the school day, plus any
25    additional time that a student spends on school grounds
26    before or after the school day for the purpose of

 

 

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1    participating in a school-sanctioned extracurricular
2    activity or child care program.
3        "Industrially produced trans fat" means vegetable
4    shortening, margarine, or any type of partially
5    hydrogenated vegetable oil that contains more than zero
6    grams of trans fat per serving as labeled.
7        "School day" means that period of time that a pupil is
8    required to be in attendance for instructional purposes.
9    (c) The board must not:
10        (1) make available to a student any food or beverage
11    that contains any amount of industrially produced trans
12    fat; or
13        (2) use a food that contains any industrially produced
14    trans fat in the preparation of a food item or beverage
15    that is intended for consumption by a student.
16    (d) The prohibition described in this Section applies to
17all food and beverages made available to a student on school
18grounds during each school day and extended school day,
19including, but not limited to, a food or beverage item made
20available to a student in a school cafeteria, school store,
21vending machine, or other food service entity existing upon
22school grounds or through any fundraising effort conducted by
23one or more students, teachers, or parents.
24    (e) The prohibition described in this Section does not
25apply to any food or beverage that is made available to a
26student as part of a meal program of the United States

 

 

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1Department of Agriculture.
2    (f) The State Board of Education may adopt any rules
3necessary for the administration of this Section.