Bill Text: CA AB2385 | 2013-2014 | Regular Session | Amended


Bill Title: Market Match Nutrition Incentive Program.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-05-23 - In committee: Set, second hearing. Held under submission. [AB2385 Detail]

Download: California-2013-AB2385-Amended.html
BILL NUMBER: AB 2385	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 8, 2014

INTRODUCED BY   Assembly Member Ting

                        FEBRUARY 21, 2014

   An act to  amend Section 38083 of the Education Code,
relating to school nutrition.   add Article 6
(commencing with Section 510) to Chapter 3 of Part 1 of Division 1 of
the Food and Agricultural Code, relating to food and agriculture.




	LEGISLATIVE COUNSEL'S DIGEST


   AB 2385, as amended, Ting.  School nutrition: cafeterias.
  Market Match Nutrition Incentive   Program.
 
   Existing law establishes the Department of Food and Agriculture,
which is tasked with, among other things, promoting and protecting
the agricultural industry of the state, and seeking to enhance,
protect, and perpetuate the ability of the private sector to produce
food and fiber to benefit the general welfare and economy of the
state.  
   This bill would establish the Market Match Nutrition Incentive
Program in the department, and would create the Market Match
Nutrition Incentive Account in the Department of Food and Agriculture
Fund to collect matching funds received from a specified federal
grant program used to provide grants under the Market Match Nutrition
Incentive Program and to administer the Market Match Nutrition
Incentive Program in accordance with specified requirements. The bill
would require the department to establish minimum standards, funding
schedules, and procedures for awarding grants, as specified, and
would require the department to award grants to qualified entities,
as defined, in accordance with certain priorities.  
   Existing law authorizes the governing board of any school district
to establish cafeterias in the schools under its jurisdiction.
Existing law authorizes a school district to purchase perishable
foodstuffs and seasonal commodities needed in the operation of
cafeterias, as specified.  
   This bill would authorize the purchase of perishable foodstuffs
and seasonal commodities needed in the operation of cafeterias to be
given preference by the school district, as specified. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Article 6 (commencing with Section 510)
is added to Chapter 3 of Part 1 of Division 1 of the   Food
and Agricultural Code   , to read:  

      Article 6.  Market Match Nutrition Incentive Program


   510.  (a) The Market Match Nutrition Incentive Program is hereby
established in the department for purposes of encouraging the
purchase and consumption of California fresh fruits, nuts, and
vegetables by directly linking California fresh fruit, nut, and
vegetable producers with nutrition benefit clients.
   (b) It is the intent of the Legislature in establishing the Market
Match Nutrition Incentive Program to double the purchasing value of
the nutrition assistance received by nutrition benefit clients when
purchasing fresh fruits, nuts, and vegetables from authorized vendors
operating in conjunction with qualified entities.
   511.  For purposes of this article, the following definitions
shall apply:
   (a) "Nutrition benefit client" means a person who receives
services or payments through any of the following:
   (1) CalFresh, as described in Section 18900.2 of the Welfare and
Institutions Code.
   (2) Implementation of the federal WIC Farmers' Market Nutrition
Act of 1992 (Public Law 102-314).
   (3) The Senior Farmers' Market Nutrition Program, as described in
Section 3007 of Title 7 of the United States Code.
   (4) Supplemental Security Income or State Supplementary Payment,
as described in Section 1381 et seq. of Title 42 of the United States
Code.
   (b) "Qualified entity" means a certified farmers' market, as
described in Section 47004, an association of certified producers, or
a nonprofit organization representing a collective or association of
certified producers that is authorized by the United States
Department of Agriculture to accept federal Supplemental Nutrition
Assistance Program (Chapter 51 (commencing with Section 2011) of
Title 7 of the United States Code) benefits from recipient purchasers
at a farmers' market. Certified producers shall be certified by the
county agricultural commissioner pursuant to Section 47020.
   512.  The Market Match Nutrition Incentive Account is hereby
created in the Department of Food and Agriculture Fund to collect
matching funds from the federal Food Insecurity Nutrition Incentives
Grant Program (7 U.S.C. Sec. 7517) used to provide grants under the
Market Match Nutrition Incentive Program and to administer the Market
Match Nutrition Incentive Program in accordance with all of the
following:
   (a) Subject to the adoption of regulations by the United States
Department of Agriculture in accordance with the federal Agricultural
Act of 2014 (Public Law 113-79) and an appropriation in the annual
Budget Act, moneys in the Market Match Nutrition Incentive Account
shall be awarded in the form of grants to qualified entities for
market match programs.
   (b) The department shall establish minimum standards, funding
schedules, and procedures for awarding grants in consultation with
the United States Department of Agriculture and other interested
stakeholders including, but not limited to, the California Health and
Human Services Agency, organizations with expertise in nutrition
benefit programs, and certified farmers' market operators.
   (c) Priority in the awarding of grants to qualified entities shall
be based on, but not limited to, the degree of the existence of the
following demographic conditions and the character of the communities
in which direct sales of fresh fruits, nuts, and vegetables are made
to the public by authorized vendors operating in conjunction with a
qualified entity:
   (1) The number of people who are eligible for, or receiving,
nutrition benefit program services.
   (2) The prevalence of diabetes, obesity, and other diet-related
illnesses.
   (3) The availability of access to fresh fruits, nuts, and
vegetables.
   (4) The qualified entities with the greatest efficiencies in the
administration of a market match program.  
  SECTION 1.    Section 38083 of the Education Code
is amended to read:
   38083.  Perishable foodstuffs and seasonal commodities needed in
the operation of cafeterias may be purchased and given preference by
the school district in accordance with rules and regulations for the
purchases and preferences adopted by the governing board of the
school district notwithstanding any provisions of this code in
conflict with those rules and regulations. 
        
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