S 1500 IS
111th CONGRESS
1st Session
S. 1500
To amend the Richard B. Russell National School Lunch Act to prohibit schools that participate in the Federal school meal programs from serving foods that contain trans fats derived from partially hydrogenated oils.
IN THE SENATE OF THE UNITED STATES
July 22, 2009
Mrs. GILLIBRAND introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry
A BILL
To amend the Richard B. Russell National School Lunch Act to prohibit schools that participate in the Federal school meal programs from serving foods that contain trans fats derived from partially hydrogenated oils.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. PROHIBITION ON TRANS FATS DERIVED FROM PARTIALLY HYDROGENATED OILS.
Section 12 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1760) is amended by adding at the end the following:
‘(p) Prohibition on Trans Fats Derived From Partially Hydrogenated Oils-
‘(1) DEFINITION OF TRANS FAT-
‘(A) IN GENERAL- In this subsection, the term ‘trans fat’, with respect to a food, means a food that contains partially hydrogenated oils.
‘(B) EXCLUSION- The term ‘trans fat’, with respect to a food, does not include any food that the Commissioner of Food and Drugs has found to be free of trans fats.
‘(2) PROHIBITION- Except as provided in paragraph (3), any school or service institution that participates in the food service programs under this Act or the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) shall be prohibited from serving any food that contains trans fats.
‘(3) PHASE-OUT PERIOD- The Secretary shall promulgate regulations that--
‘(A) provide for a 5-year period during which schools and service institutions described in paragraph (2) may phase out the service of foods prohibited under that paragraph;
‘(B) require each school and service institution--
‘(i) to carry out an internal audit at the end of the 5-year phase-out period to determine if the school or service institution is in compliance with paragraph (2); and
‘(ii) to submit a report to the Secretary containing the results of the internal audit; and
‘(C) establish a process under which the Secretary may grant waivers to schools or service institutions that demonstrate hardship in complying with the 5-year phase-out period due to contractual obligations or significant financial hardship.
‘(4) GUIDANCE- The Secretary shall prepare guidance to assist schools and service institutions in transitioning from the use of oils containing trans fats to the use of healthy oils.’.
Full Text of Legislation