Office of Sen.

Mike Johnston
Colorado General Assembly | 200 E. Colfax Avenue | Denver, CO 80203 | 303.866.4864

FACT SHEET MEMORANDUM

SB 12-068 No Trans Fats in Public School Food Sen. Guzman & Rep. Massey Staff Name: Travis Gardner What the Bill Does: Under current law, schools are prohibited from providing beverages to students that do not satisfy minimum nutritional standards.1 They are also required to provide healthy food options to students throughout the school day2 and must provide information to parents and guardians regarding the nutritional content of the food and beverages provided by the school.3 Additionally, school districts are encouraged to adopt wellness plans.4 SB 12-068 prohibits public schools and certain charter schools from providing students any food item that contains industrially produced trans fats. The prohibition applies to any food or beverage available to students during each school and extended school day, including food or beverages made available in the school cafeteria, school store, vending machine, or through a fundraising effort conducted by students, teachers, or parents. Meals provided by the United States Department of Agriculture (USDA) are exempt from the ban. Generally, the ban would apply from one hour before the start of classes, if the school provides breakfast, to one-half hour after classes dismiss.5 However, the ban also applies to any additional time a student spends at school, before or after school, to participate in an extracurricular activity or childcare program. Colorado Context: Although Colorado maintains the nations lowest obesity rate6, the rate of overweight and obese children aged 10-17 increased 17.3 percent from 2003 to 2007.7 In 2007, 27.2 percent of Colorado children age 10-17 were overweight or obese.8 The USDA provides federally subsidized low-cost or free
1 2

C.R.S. 22-32-134.5. C.R.S. 22-32-136(3)(a). 3 Id. at (3)(b)(I). 4 Id. at (5). 5 See C.R.S. 22-32-136(2)(b). 6 Michael Booth, Report: Colorado Has Smallest Percentage of Obese Residents, THE DENVER POST (Jul. 7, 2011). 7 National Conference of State Legislatures, Childhood Overweigh and Obesity Trends, available at http://www.ncsl.org/issues-research/health/childhood-obesity-trends-state-rates.aspx. 8 Id.

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For a complete list of fact sheets, visit www.mikejohnston.org/in-the-legislature.

meals to low-income children.9 In 2011, 41.27% of Colorado K-12 students were eligible for the program.10 National Context: In the 2011 legislative session, Delaware passed legislation prohibiting schools from providing food or beverages to students that contain industrially produced trans fat during school hours, but the ban does not apply to breakfast.11 In 2007, California passed legislation that prohibited school vending machines and school food service establishments from providing foods to students that contained trans fats onehalf hour before and after school, but not during after-school events.12 New Jersey requires schools to limit products containing trans fats, but does not prohibit their use.13 Indiana and New York are considering similar bills in the current legislative session.14 Six other states considered, but failed to pass, similar legislation in the past legislative session.15 Bill Provisions: Prohibits public and certain charter schools from: o Providing a student any food that contains any amount of industrially produced trans fat o Using a food that contains any amount of industrially produced trans fat in the preparation of a food item that is intended for consumption by a student Prohibition applies to all foods and beverages available to students during a school day and extended school day, including Items available in school cafeteria, school store, vending machine, and through fundraising efforts conducted by one or more students, teachers, or parents. Exempts any food or beverage provided to students as part of meal program of the United States Department of Agriculture. Grants the State Board of Education and the State Charter School Institute the power to promulgate rules to implement the provisions of the bill. Fiscal Impact: No fiscal notice for SB 12-068 is available at this time.

Id. Colorado Department of Education, K-12 Free and Reduced Lunch Eligibility by County, and District, available at http://www.cde.state.co.us/cdereval/rv2011pmlinks.htm. 11 Del. Code tit. 14, 4136, available at http://delcode.delaware.gov/title14/c041/index.shtml. 12 Cal. Educ. Code 49431.7, available at http://law.onecle.com/california/education/49431.7.html. 13 N.J. Stat. Ann. 18A:33-16, available at http://law.onecle.com/new-jersey/18a-education/33-16.html. 14 Kristin Wyatt, Trans Fat Ban Proposed for Colorado Schools, THE DENVER POST (Jan. 18, 2012). 15 Kristin Wyatt, Bill Would Kick Trans Fats Out of Schools, THE DENVER POST (Jan. 19,2012).
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For a complete list of fact sheets, visit www.mikejohnston.org/in-the-legislature.