SB 730: Pupil nutrition: National School Lunch Act: Buy American provision: compliance.
- Session Year: 2017-2018
- House: Senate
- Latest Version Date: 2017-10-07
Existing federal law, the National School Lunch Act, establishes a federal subsidy program to provide free and reduced-price meals to eligible children in schools. As a condition of participation, federal law requires the State Department of Education and participating local educational agencies to comply with a provision, known as the Buy American provision, that requires school food authorities, as defined, to purchase, to the maximum extent possible, domestic commodities or products. Existing federal regulations establish procedures for administrative review and compliance with specific program requirements, including the Buy American provision. Under existing state law, the State Department of Education and local educational agencies administer the National School Lunch Act programs.
This bill would require the department to take certain actions to monitor and support school food authorities compliance with the Buy American provision. The bill would state that its provisions are operative only to the extent mandated under federal law.
Existing federal law, the National School Lunch Act, establishes a federal subsidy program to provide free and reduced-price meals to eligible children in schools. As a condition of participation, federal law requires the State Department of Education and participating local educational agencies to comply with a provision, known as the Buy American provision, that requires school food authorities, as defined, to purchase, to the maximum extent possible, domestic commodities or products. Existing federal regulations establish procedures for administrative review and compliance with specific program requirements, including the Buy American provision. Under existing state law, the State Department of Education and local educational agencies administer the National School Lunch Act programs.
This bill would require the department to take certain actions to monitor and support school food authorities compliance with the Buy American provision. The bill would state that its provisions are operative only to the extent mandated under federal law.
Existing federal law, the National School Lunch Act, establishes a federal subsidy program to provide free and reduced-price meals to eligible children in schools. As a condition of participation, federal law requires the State Department of Education and participating local educational agencies to comply with a provision, known as the Buy American provision, that requires school food authorities, as defined, to purchase, to the maximum extent possible, domestic commodities or products. Existing federal regulations establish procedures for administrative review and compliance with specific program requirements, including the Buy American provision. Under existing state law, the State Department of Education and local educational agencies administer the National School Lunch Act programs.
This bill would require the department to take certain actions to monitor and enforce and support school food authorities compliance with the Buy American provision that are authorized by and conform to federal law. To the extent this bill would impose additional duties on local educational agencies, the bill would impose a state-mandated local program. provision. The bill would state that its provisions are operative only to the extent authorized mandated under federal law.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Existing federal law, the National School Lunch Act, establishes a federal subsidy program to provide free and reduced-price meals to eligible children in schools. As a condition of participation, federal law requires the State Department of Education and participating local educational agencies to comply with a provision, known as the Buy American provision, that requires school food authorities, as defined, to purchase, to the maximum extent possible, domestic commodities or products. Existing federal regulations establish procedures for administrative review and compliance with specific program requirements, including the Buy American provision. Under existing state law, the State Department of Education and local educational agencies administer the National School Lunch Act programs.
This bill would require the department to take certain actions to monitor and enforce the Buy American provision that are authorized by and conform to federal law. The bill would also require the department to take actions in addition to what is prescribed under federal law by requiring the department to establish a process for school food authorities to request an exception to the Buy American provision and, after the process is established, would require a school food authority, if it serves a foreign commodity, to provide notice to the public relating to the procurement and service of foreign commodities. To the extent this bill would impose additional duties on local educational agencies, the bill would impose a state-mandated local program. The bill would state that its provisions are operative only to the extent authorized under federal law.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing federal law, the National School Lunch Act, establishes a federal subsidy program to provide free and reduced-price meals to eligible children in schools. As a condition of participation, federal law requires the State Department of Education and participating local educational agencies to comply with a provision, known as the Buy American provision, that requires school food authorities, as defined, to purchase, to the maximum extent possible, domestic commodities or products. Existing federal regulations establish procedures for administrative review and compliance with specific program requirements, including the Buy American provision. Under existing state law, the State Department of Education and local educational agencies administer the National School Lunch Act programs.
This bill would require the department to take certain actions to monitor and enforce the Buy American provision that are authorized by and conform to federal law. The bill would also require the department to take actions in addition to what is prescribed under federal law by requiring the department to establish a process for school food authorities to request an exception to the Buy American provision and, after the process is established, would require a school food authority, if it serves a foreign commodity, to provide notice to the public and to the parents or guardians of pupils relating to the procurement and service of foreign commodities. To the extent this bill would impose additional duties on local educational agencies, the bill would impose a state-mandated local program. The bill would state that its provisions are operative only to the extent authorized under federal law.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing federal law, the National School Lunch Act, establishes a federal subsidy program to provide free and reduced-price meals to eligible children in schools. As a condition of participation, federal law requires the State Department of Education and participating local educational agencies to comply with a provision, known as the Buy American provision, that requires school food authorities, as defined, to purchase, to the maximum extent possible, domestic commodities or products. Existing federal regulations establish procedures for administrative review and compliance with specific program requirements, including the Buy American provision. Under existing state law, the State Department of Education and local educational agencies administer the National School Lunch Act programs.
This bill would require the department to take certain actions to monitor and enforce the Buy American provision that are authorized by and conform to federal law. The bill would also require the department to take actions in addition to what is prescribed under federal law by requiring the department to establish a process for school food authorities to request an exception to the Buy American provision and, after the process is established, would require a school food authority, if it serves a foreign commodity, to provide notice to the public and to the parents or guardians of pupils relating to the procurement and service of foreign commodities. To the extent this bill would impose additional duties on local educational agencies, the bill would impose a state-mandated local program. The bill would state that its provisions are operative only to the extent authorized under federal law.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
(a)The Legislature finds and declares all of the following:
(1)The federal Child Nutrition Reauthorization Act of 1998 enacted a provision, known as the Buy American provision, to the federal National School Lunch Act that requires school food authorities to purchase, to the maximum extent practicable, domestic commodities or products.
(2)School food authorities are required to comply with the Buy American provision as a procurement standard when commercial food products are purchased for school meal programs.
(3)Given the importance of the Buy American provision, there are very limited exceptions to the requirement, to be used as a last resort. The allowable exceptions are (A) the product is not produced or manufactured in the United States in sufficient and reasonably available quantities of a satisfactory quality, or (B) competitive bids reveal the cost of a domestic product is significantly higher than the nondomestic product.
(b)It is the intent of the Legislature in enacting this act to monitor compliance with the Buy American provision for procuring commodities and products for schools participating in programs under the federal National School Lunch Act and the federal Child Nutrition Act of 1966.
SEC. 2.Section 49563 is added to the Education Code, to read:49563.(a)For purposes of this section, the following terms have the following meanings:
(1)Buy American provision means the provision requiring a school food authority to purchase, to the maximum extent practicable, domestic commodities or products, as specified in subdivision (n) of Section 1760 of Title 42 of the United States Code.
(2)Domestic means an agricultural commodity that is produced in the United States and a food product that is processed in the United States using substantial agricultural commodities that are produced in the United States.
(3)Substantial means over 51 percent of the final processed product consists of agricultural commodities grown domestically.
(4)School food authority has the same meaning as defined in Section 210.2 of Title 7 of the Code of Federal Regulations.
(b)In order to monitor school food authorities compliance with the Buy American provision, the department shall fulfill its obligations in accordance with the federal regulations.
(c)The department shall make requirements, resources, and best practices for the Buy American provision available on its Internet Web site.
(d)The department shall distribute to school food authorities guidance or regulations from the United States Department of Agriculture for the Buy American provision, as updates are issued.
(e)The requirements of this section shall be operative only if mandated by federal law.
(a)The Legislature finds and declares all of the following:
(1)The federal Child Nutrition Reauthorization Act of 1998 enacted a provision, known as the Buy American provision, to the federal National School Lunch Act that requires school food authorities to purchase, to the maximum extent practicable, domestic commodities or products.
(2)School food authorities are required to comply with the Buy American provision as a procurement standard when commercial food products are purchased for school meal programs.
(3)Given the importance of the Buy American provision, there are very limited exceptions to the requirement, to be used as a last resort. The allowable exceptions are (A) the product is not produced or manufactured in the United States in sufficient and reasonably available quantities of a satisfactory quality, or (B) competitive bids reveal the cost of a domestic product is significantly higher than the nondomestic product.
(b)It is the intent of the Legislature in enacting this act to monitor compliance with the Buy American provision for procuring commodities and products for schools participating in programs under the federal National School Lunch Act and the federal Child Nutrition Act of 1966.
SEC. 2.Section 49563 is added to the Education Code, to read:49563.(a)For purposes of this section, the following terms have the following meanings:
(1)Buy American provision means the provision requiring a school food authority to purchase, to the maximum extent practicable, domestic commodities or products, as specified in subdivision (n) of Section 1760 of Title 42 of the United States Code.
(2)Domestic means an agricultural commodity that is produced in the United States and a food product that is processed in the United States using substantial agricultural commodities that are produced in the United States.
(3)Substantial means over 51 percent of the final processed product consists of agricultural commodities grown domestically.
(4)School food authority has the same meaning as defined in Section 210.2 of Title 7 of the Code of Federal Regulations.
(b)In order to monitor school food authorities compliance with the Buy American provision, the department shall fulfill its obligations in accordance with the federal regulations.
(c)The department shall make requirements, resources, and best practices for the Buy American provision available on its Internet Web site.
(d)The department shall distribute to school food authorities guidance or regulations from the United States Department of Agriculture for the Buy American provision, as updates are issued.
(e)The requirements of this section shall be operative only if mandated by federal law.
(a)The Legislature finds and declares all of the following:
(1)The federal Child Nutrition Reauthorization Act of 1998 enacted a provision, known as the Buy American provision, to the federal National School Lunch Act that requires school food authorities to purchase, to the maximum extent practicable, domestic commodities or products.
(2)School food authorities are required to comply with the Buy American provision as a procurement standard when commercial food products are purchased for school meal programs.
(3)Given the importance of the Buy American provision, there are very limited exceptions to the requirement, to be used as a last resort. The allowable exceptions are (A) the product is not produced or manufactured in the United States in sufficient and reasonably available quantities of a satisfactory quality, or (B) competitive bids reveal the cost of a domestic product is significantly higher than the nondomestic product.
(b)It is the intent of the Legislature in enacting this act to ensure monitor compliance with and enforcement of the Buy American provision for procuring commodities and products for schools participating in programs under the federal National School Lunch Act and the federal Child Nutrition Act of 1966.
SEC. 2.Section 49563 is added to the Education Code, to read:49563.(a)For purposes of this section, the following terms have the following meanings:
(1)Buy American provision means the provision requiring a school food authority to purchase, to the maximum extent practicable, domestic commodities or products, as specified in subdivision (n) of Section 1760 of Title 42 of the United States Code.
(2)Domestic means an agricultural commodity that is produced in the United States and a food product that is processed in the United States using substantial agricultural commodities that are produced in the United States.
(3)Substantial means over 51 percent of the final processed product consists of agricultural commodities grown domestically.
(4)School food authority has the same meaning as defined in Section 210.2 of Title 7 of the Code of Federal Regulations.
(b)In order to monitor school food authorities compliance and to enforce with the Buy American provision, as part of its administrative review pursuant to Section 210.18 of Title 7 of the Code of Federal Regulations, the department shall do all of the following: fulfill its obligations in accordance with the federal regulations.
(1)Distribute to school food authorities the most recent Buy American requirement guidance information from the United States Department of Food and Agriculture on an annual basis.(2)Determine if school food authority solicitation and contract documents contain the language for contractors to supply products in compliance with the Buy American provision.(3)Review a variety of food product labels in storage facilities to ensure compliance with the Buy American provision.(4)Review a sample of supplier invoices and receipts to ensure the country of origin is the United States or its territories.(5)Request documentation justifying any exceptions identified in paragraph (4).(6)Issue a finding and require corrective action if nondomestic products are identified and there is no documentation justifying an exception.(7)Require school food authorities to include the Buy American provision in solicitations, contracts, and product specifications.(8)Establish best practices for school food authorities to comply with the Buy American provision.(c)The department shall make requirements, resources, and best practices for the Buy American provision available on its Internet Web site.
(d)The department shall distribute to school food authorities guidance or regulations from the United States Department of Agriculture for the Buy American provision, as updates are issued.
(c)(e)The provisions requirements of this section shall be operative only if authorized mandated by federal law.
SEC. 3.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. REVISIONS: HeadingLine 3.(a)The Legislature finds and declares all of the following:
(1)The federal Child Nutrition Reauthorization Act of 1998 enacted a provision, known as the Buy American provision, to the federal National School Lunch Act that requires school food authorities to purchase, to the maximum extent practicable, domestic commodities or products.
(2)School food authorities are required to comply with the Buy American provision as a procurement standard when commercial food products are purchased for school meal programs.
(3)Given the importance of the Buy American provision, there are very limited exceptions to the requirement, to be used as a last resort. The allowable exceptions are (A) the product is not produced or manufactured in the United States in sufficient and reasonably available quantities of a satisfactory quality, or (B) competitive bids reveal the cost of a domestic product is significantly higher than the nondomestic product.
(b)It is the intent of the Legislature in enacting this act to ensure compliance with and enforcement of the Buy American provision for procuring commodities and products for schools participating in programs under the federal National School Lunch Act and the federal Child Nutrition Act of 1966.
SEC. 2.Section 49563 is added to the Education Code, to read:49563.(a)For purposes of this section, the following terms have the following meanings:
(1)Buy American provision means the provision requiring a school food authority to purchase, to the maximum extent practicable, domestic commodities or products, as specified in subdivision (n) of Section 1760 of Title 42 of the United States Code.
(2)Domestic means an agricultural commodity that is produced in the United States and a food product that is processed in the United States using substantial agricultural commodities that are produced in the United States.
(3)Substantial means over 51 percent of the final processed product consists of agricultural commodities grown domestically.
(4)School food authority has the same meaning as defined in Section 210.2 of Title 7 of the Code of Federal Regulations.
(b)In order to monitor compliance and to enforce the Buy American provision, as part of its administrative review pursuant to Section 210.18 of Title 7 of the Code of Federal Regulations, the department shall do all of the following:
(1)Distribute to school food authorities the most recent Buy American requirement guidance information from the United States Department of Food and Agriculture on an annual basis.
(2)Determine if school food authority solicitation and contract documents contain the language for contractors to supply products in compliance with the Buy American provision.
(3)Review a variety of food product labels in storage facilities to ensure compliance with the Buy American provision.
(4)Review a sample of supplier invoices and receipts to ensure the country of origin is the United States or its territories.
(5)Request documentation justifying any exceptions identified in paragraph (4).
(6)Issue a finding and require corrective action if nondomestic products are identified and there is no documentation justifying an exception.
(7)Require school food authorities to include the Buy American provision in solicitations, contracts, and product specifications.
(8)Establish best practices for school food authorities to comply with the Buy American provision.
(9)Establish a process for school food authorities to request an exception to the Buy American requirement before purchasing nondomestic products.(10)Once an exception process is established pursuant to paragraph (9), if a school food authority uses an exception, require the school food authority to notify the public by posting on the school food authoritys Internet Web site the fact that the school food authority is serving a foreign commodity or product pursuant to an exception to the Buy American provision.(c)The provisions of this section shall be operative only if authorized by federal law.
SEC. 3.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)The Legislature finds and declares all of the following:
(1)The federal Child Nutrition Reauthorization Act of 1998 enacted a provision, known as the Buy American provision, to the federal National School Lunch Act that requires school food authorities to purchase, to the maximum extent practicable, domestic commodities or products.
(2)School food authorities are required to comply with the Buy American provision as a procurement standard when commercial food products are purchased for school meal programs.
(3)Given the importance of the Buy American provision, there are very limited exceptions to the requirement, to be used as a last resort. The allowable exceptions are (A) the product is not produced or manufactured in the United States in sufficient and reasonably available quantities of a satisfactory quality, or (B) competitive bids reveal the cost of a domestic product is significantly higher than the nondomestic product.
(b)It is the intent of the Legislature in enacting this act to ensure compliance with and enforcement of the Buy American provision for procuring commodities and products for schools participating in programs under the federal National School Lunch Act and the federal Child Nutrition Act of 1966.
SEC. 2.Section 49563 is added to the Education Code, to read:49563.(a)For purposes of this section, the following terms have the following meanings:
(1)Buy American provision means the provision requiring a school food authority to purchase, to the maximum extent practicable, domestic commodities or products, as specified in subdivision (n) of Section 1760 of Title 42 of the United States Code.
(2)Domestic means an agricultural commodity that is produced in the United States and a food product that is processed in the United States using substantial agricultural commodities that are produced in the United States.
(3)Substantial means over 51 percent of the final processed product consists of agricultural commodities grown domestically.
(4)School food authority has the same meaning as defined in Section 210.2 of Title 7 of the Code of Federal Regulations.
(b)In order to monitor compliance and to enforce the Buy American provision, as part of its administrative review pursuant to Section 210.18 of Title 7 of the Code of Federal Regulations, the department shall do all of the following:
(1)Distribute to school food authorities the most recent Buy American requirement guidance information from the United States Department of Food and Agriculture on an annual basis.
(2)Determine if school food authority solicitation and contract documents contain the language for contractors to supply products in compliance with the Buy American provision.
(3)Review a variety of food product labels in storage facilities to ensure compliance with the Buy American provision.
(4)Review a sample of supplier invoices and receipts to ensure the country of origin is the United States or its territories.
(5)Request documentation justifying any exceptions identified in paragraph (4).
(6)Issue a finding and require corrective action if nondomestic products are identified and there is no documentation justifying an exception.
(7)Require school food authorities to include the Buy American provision in solicitations, contracts, and product specifications.
(8)Establish best practices for school food authorities to comply with the Buy American provision.
(9)Establish a process for school food authorities to request an exception to the Buy American requirement before purchasing nondomestic products.
(10)Once an exception process is established pursuant to paragraph (9), if a school food authority uses an exception, require the school food authority to do both of the following:
(A)Notify notify the public by posting on the school food authoritys Internet Web site the fact that the school food authority is serving a foreign commodity or product pursuant to an exception to the Buy American provision.
(B)Electronically mail a notice to the parents or guardians of pupils enrolled in the free or reduced-price meals program that states that the school food authority is serving a foreign commodity pursuant to an exception to the Buy American requirement and identifies the exception being used.(c)The provisions of this section shall be operative only if authorized by federal law.
SEC. 3.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)The Legislature finds and declares all of the following:
(1)The federal Child Nutrition Reauthorization Act of 1998 enacted a provision, known as the Buy American provision, to the federal National School Lunch Act that requires school food authorities to purchase, to the maximum extent practicable, domestic commodities or products.
(2)School food authorities are required to comply with the Buy American provision as a procurement standard when commercial food products are purchased for school meal programs.
(3)Given the importance of the Buy American provision, there are very limited exceptions to the requirement, to be used as a last resort. The allowable exceptions are (A) the product is not produced or manufactured in the United States in sufficient and reasonably available quantities of a satisfactory quality, or (B) competitive bids reveal the cost of a domestic product is significantly higher than the nondomestic product.
(b)It is the intent of the Legislature in enacting this act to ensure compliance with and enforcement of the Buy American provision for procuring commodities and products for schools participating in programs under the federal National School Lunch Act and the federal Child Nutrition Act of 1966.
SEC. 2.Section 49563 is added to the Education Code, to read:49563.(a)For purposes of this section, the following terms have the following meanings:
(1)Buy American provision means the provision requiring a school food authority to purchase, to the maximum extent practicable, domestic commodities or products, as specified in subdivision (n) of Section 1760 of Title 42 of the United States Code.
(2)Domestic means an agricultural commodity that is produced in the United States and a food product that is processed in the United States using substantial agricultural commodities that are produced in the United States.
(3)Substantial means over 51 percent of the final processed product consists of agricultural commodities grown domestically.
(4)School food authority has the same meaning as defined in Section 210.2 of Title 7 of the Code of Federal Regulations.
(b)In order to monitor compliance and to enforce the Buy American provision, the department shall do all of the following:
(1)Distribute to school food authorities the most recent Buy American requirement guidance information from the United States Department of Food and Agriculture on an annual basis.
(2)Determine if school food authority solicitation and contract documents contain the language for contractors to supply products in compliance with the Buy American provision.
(3)Review a variety of food product labels in storage facilities to ensure compliance with the Buy American provision.
(4)Review a sample of supplier invoices and receipts to ensure the country of origin is the United States or its territories.
(5)Request documentation justifying any exceptions identified in paragraph (4).
(6)Issue a finding and require corrective action if nondomestic products are identified and there is no documentation justifying an exception.
(7)Require school food authorities to include the Buy American provision in solicitations, contracts, and product specifications.
(8)Establish best practices for school food authorities to comply with the Buy American provision.
(9)Establish a process for school food authorities to request an exception to the Buy American requirement before purchasing nondomestic products.
(10)Once an exception process is established pursuant to paragraph (9), if a school food authority uses an exception, require the school food authority to do both of the following:
(A)Notify the public by posting on the school food authoritys Internet Web site the fact that the school food authority is serving a foreign commodity or product pursuant to an exception to the Buy American provision.
(B)Electronically mail a notice to the parents or guardians of pupils enrolled in the free or reduced-price meals program that states that the school food authority is serving a foreign commodity pursuant to an exception to the Buy American requirement and identifies the exception being used.
(c)The provisions of this section shall be operative only if authorized by federal law.
SEC. 3.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
|
Date
|
Status
|
|---|---|
| Oct 7, 2017 | Chaptered by Secretary of State. Chapter 571, Statutes of 2017. |
| Oct 7, 2017 | Approved by the Governor. |
| Sep 11, 2017 | Enrolled and presented to the Governor at 4 p.m. |
| Sep 5, 2017 | Assembly amendments concurred in. (Ayes 40. Noes 0.) Ordered to engrossing and enrolling. |
| Sep 1, 2017 | Ordered to special consent calendar. |
| Aug 31, 2017 | In Senate. Concurrence in Assembly amendments pending. |
| Aug 31, 2017 | Read third time. Passed. Ordered to the Senate. |
| Aug 24, 2017 | Read second time. Ordered to consent calendar. |
| Aug 23, 2017 | Coauthors revised. |
| Jul 18, 2017 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR. |
| Jul 13, 2017 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (July 12). Re-referred to Com. on APPR. |
| Jun 15, 2017 | Referred to Com. on ED. |
| Jun 1, 2017 | In Assembly. Read first time. Held at Desk. |
| May 31, 2017 | Read third time. Passed. (Ayes 40. Noes 0. Page 1334.) Ordered to the Assembly. |
| May 26, 2017 | Read second time and amended. Ordered to third reading. |
| May 25, 2017 | From committee: Do pass as amended. (Ayes 7. Noes 0. Page 1189.) (May 25). |
| May 19, 2017 | Set for hearing May 25. |
| May 15, 2017 | May 15 hearing: Placed on APPR. suspense file. |
| May 5, 2017 | Set for hearing May 15. |
| May 3, 2017 | Read second time and amended. Re-referred to Com. on APPR. |
| May 2, 2017 | From committee: Do pass as amended and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 7. Noes 0. Page 848.) (April 26). |
| Apr 19, 2017 | April 19 hearing postponed by committee. |
| Apr 5, 2017 | Set for hearing April 26. |
| Apr 4, 2017 | April 19 hearing postponed by committee. |
| Mar 29, 2017 | Set for hearing April 19. |
| Mar 28, 2017 | April 5 set for first hearing canceled at the request of author. |
| Mar 21, 2017 | Set for hearing April 5. |
| Mar 9, 2017 | Referred to Com. on ED. |
| Feb 21, 2017 | From printer. May be acted upon on or after March 23. |
| Feb 17, 2017 | Introduced. Read first time. To Com. on RLS. for assignment. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Sep 5, 2017 | Special Consent SB730 | Senate Floor |
Passed |
|
| Aug 31, 2017 | SB 730 Pan Consent Calendar Second Day Regular Session | Assembly Floor |
Passed |
|
| Aug 23, 2017 | Do pass. To Consent Calendar. | Assembly Standing Committee on Appropriations |
Passed |
|
| Jul 12, 2017 | Do pass and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Education |
Passed |
|
| May 31, 2017 | Senate 3rd Reading SB730 Pan et al. | Senate Floor |
Passed |
|
| May 25, 2017 | Do pass as amended | Senate Standing Committee on Appropriations |
Passed |
|
| May 15, 2017 | Placed on suspense file | Senate Standing Committee on Appropriations |
Passed |
|
| Apr 26, 2017 | Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations] with the recommendation: To Consent Calendar | Senate Standing Committee on Education |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| Agricultural Council Of California | ** Support | Jul 10, 2017 |
| Agricultural Council Of California | ** Support | Jul 10, 2017 |
| Agriculture Council of California | ** Support | Aug 31, 2017 |
| Almond Alliance of California | ** Support | Aug 31, 2017 |
| Apricot Producers of California | ** Support | Aug 31, 2017 |
| Association Of California Egg Farmers | ** Support | Jul 10, 2017 |
| Association Of California Egg Farmers | ** Support | Jul 10, 2017 |
| Butte County Rice Growers Association | ** Support | Aug 31, 2017 |
| California Association Of Wheat Growers | ** Support | Aug 31, 2017 |
| California Bean Shippers Association | ** Support | Aug 31, 2017 |
| California Canning Peach Association | ** Support | Aug 31, 2017 |
| California Dairies, Inc. | ** Support | Jul 10, 2017 |
| California Dairies, Inc. | ** Support | Jul 10, 2017 |
| California Farm Bureau Association | ** Support | Aug 31, 2017 |
| California Grain & Feed Association | ** Support | Aug 31, 2017 |
| California League of Food Processors | ** Support | Aug 31, 2017 |
| California Pear Growers Association | ** Support | Jul 10, 2017 |
| California Pear Growers Association | ** Support | Jul 10, 2017 |
| California Seed Association | ** Support | Jul 10, 2017 |
| California Seed Association | ** Support | Jul 10, 2017 |
| California State Floral Association | ** Support | Aug 31, 2017 |
| California Teamsters Public Affairs Council | ** Support | Jul 10, 2017 |
| California Teamsters Public Affairs Council | ** Support | Jul 10, 2017 |
| California Warehouse Association | ** Support | Aug 31, 2017 |
| Horizon Nut Company | ** Support | Aug 31, 2017 |
| Pacific Coast Producers | ** Support | Aug 31, 2017 |
| San Luis Coastal Unified School District | ** Support | Jul 10, 2017 |
| San Luis Coastal Unified School District | ** Support | Jul 10, 2017 |
| Seneca Foods Corporation, LLC | ** Support | Aug 31, 2017 |
| Sun-Maid Growers Of California | ** Support | Jul 10, 2017 |
| Sun-Maid Growers Of California | ** Support | Jul 10, 2017 |
| Sunsweet | ** Support | Aug 31, 2017 |
| sunsweet growers | ** Support | Jul 10, 2017 |
| sunsweet growers | ** Support | Jul 10, 2017 |
| UnitedAg | ** Support | Aug 31, 2017 |
| Valley Fig Growers | ** Support | Aug 31, 2017 |
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB |
UNFINISHED BUSINESS
Bill No: SB 730
:
SENATE EDUCATION COMMITTEE: 7-0, 4/26/17
AYES: Allen, Wilk, Galgiani, Leyva, Mendoza, Pan, Vidak
SENATE APPROPRIATIONS COMMITTEE: 7-0, 5/25/17
AYES: Lara, Bates, Beall, Bradford, Hill, Nielsen, Wiener
SENATE FLOOR: 40-0, 5/31/17
AYES: Allen, Anderson, Atkins, Bates, Beall, Berryhill, Bradford, Cannella, De León, Dodd, Fuller, Gaines, Galgiani, Glazer, Hernandez, Hertzberg, Hill, Hueso, Jackson, Lara, Leyva, McGuire, Mendoza, Mitchell, Monning, Moorlach, Morrell, Newman, Nguyen, Nielsen, Pan, Portantino, Roth, Skinner, Stern, Stone, Vidak, Wieckowski, Wiener, Wilk
ASSEMBLY FLOOR: 73-0, 8/31/17 (Consent) - See last page for vote
SOURCE: Agriculture Council of California
DIGEST:
This bill requires the California Department of Education (CDE) to take specified actions in order to monitor compliance with the federal Buy American provisions for the National School Lunch program, including posting resources and best practices on their Web site.
Assembly Amendments
:
- Strike the specific actions that the CDE is required to conduct and replace those with language specifying that in order to monitor school food authorities’ compliance of the Buy America provision, the CDE shall fulfill its obligations in accordance with federal regulations.
- Require the CDE to make Buy American requirements, resources, and best practices available on its Web site.
- Require the CDE to distribute Buy American guidance or regulations from the United States Department of Agriculture to school food authorities as updates are issued.
- Replace language specifying that the provisions of the bill shall be operative only if authorized by federal law with language specifying that the requirements of the bill shall be operative only if mandated by federal law.
- Add Assembly Member Gonzalez Fletcher as a coauthor.
Existing federal law:
- Requires school food authorities (SFAs) participating in the National School Lunch Program or the School Breakfast Program to purchase, to the maximum extent practicable, domestic commodities or products. (Title 42, United States Code, § 1760(n))
- Requires state agencies to conduct administrative reviews of all SFAs participating in the National School Lunch Program (including the Afterschool Snacks and the Seamless Summer Option) and School Breakfast Program at least once during a three year review cycle, provided that each SFA is reviewed at least once every four years. (Title 7, Code of Federal Regulations, §210.18)
Existing state law:
- Requires each district or county superintendent of schools maintaining any kindergarten or any of grades 1 to 12, inclusive, to provide for each needy pupil one nutritionally adequate free or reduced-price meal during each schoolday. (Education Code § 49550)
- Provides that a nutritionally adequate meal for this purpose is a breakfast or lunch meeting specified requirements that qualifies for reimbursement under the federal child nutrition program regulations. (EC § 49553)
- Authorizes a school district or county office of education to use funds made available through any federal or state program the purpose of which includes the provision of meals to a pupil, including the federal School Breakfast Program, the federal National School Lunch Program, the federal Summer Food Service Program, the federal Seamless Summer Option, or the state meal program, or do so at its own expense. (EC § 49550)
This bill requires the CDE to take specified actions in order to monitor compliance with the federal Buy American provisions for the National School Lunch program, including posting resources and best practices on their Web site. Specifically, this bill:
- Requires CDE, in order to monitor SFAs’ compliance with the Buy American provision, to fulfill its obligations in accordance with the federal regulations.
- Requires CDE to make requirements, resources, and best practices for the Buy American provision available on its Internet Web site.
- Requires CDE to distribute to SFAs guidance or regulations from the United States Department of Agriculture (USDA) for the Buy American provision, as updates are issued.
- States that the requirements of this bill shall be operative only if mandated by federal law.
- Expresses findings and declarations regarding the provisions of, and importance of, the Buy America provisions for procuring commodities and products for schools participating in the federal school meal programs.
Comments
- Need for the bill. According to the author, “Additional steps are necessary to increase transparency regarding school food purchase decisions in California. Recent actions by some public school districts in California show a deviation with the Buy American requirement. In November 2015, the Sacramento Bee reported that Sacramento City Unified School District purchased Chinese canned peaches and mixed fruit even though nearly all U.S. canned peaches and plastic packaged peaches are grown here in California, and four food processor warehouses with supplies of canned peaches are within a two-hour drive of Sacramento. A similar situation occurred with the Elk Grove Unified School District. In addition, California is known worldwide as a leader on climate change and this commitment is clear given the legislature’s significant work on this issue. As Such, California should ensure that actions by state agencies do not implement a double standard when it comes to clime change. California’s farmers and producers, as well as food processors, abide by the numerous regulatory agency directives to lower emissions and use cleaner burning transportation vehicles and equipment in order to reduce greenhouse gas (GHG) emissions. The state must not undermine its efforts to reduce GHGs by spending taxpayer dollars to import products from nations not complying with equivalent emissions standards.”
- Audit to be conducted. On August 6, 2016, the California State Auditor’s Office announced that it approved Senator Galgiani’s audit request regarding the Buy American provision: “The audit by the California State Auditor will provide independently developed and verified information related to whether CDE is ensuring that public school districts under its jurisdiction are complying with the Buy American provision in the federal William F. Goodling Child Nutrition Reauthorization Act of 1998, and will include, but not be limited to, the following:
- Review and evaluate the laws, rules, and regulations significant to the audit objectives.
- Assess the extent to which the CDE monitors and enforces public school districts' compliance with the Buy American requirement, including whether school districts' procurement specifications and solicitations include Buy American provisions and whether school districts are appropriately documenting exemptions to the Buy American requirement.
- Determine whether the CDE tracks purchases of food products by individual public school districts and, if so, whether the CDE can identify those districts purchasing food for school meal programs from outside of the United States when such foods are also grown or produced domestically. To the extent possible, identify school districts making such purchases and identify the food products purchased.
- Assess whether CDE policies related to reporting school purchasing decisions are sufficient to identify foreign-sourced food products served by California school districts. Determine whether the CDE has made any recent changes to improve transparency of school districts' decisions to purchase foreign sourced food products.
- Identify and report any changes that CDE plans to make related to monitoring and enforcing Buy American requirements and assess whether such changes will ensure greater compliance with the requirements.
- Review and assess any other issues that are significant to the audit.”
- Existing waiver authority/exceptions. According to guidance issued by the USDA, “There are limited exceptions to the Buy American provision which allow for the purchase of products not meeting the ‘domestic’ standard as described above (‘non-domestic’) in circumstances when use of domestic products is truly not practicable. However, before utilizing an exception, alternatives to purchasing non-domestic food products should be considered. For example, SFAs should ask:
- Are there other domestic sources for this product?
- Is there a domestic product that could be easily substituted, if the non-domestic product is less expensive (e.g. substitute domestic pears for non-domestic apples)?
- Am I soliciting bids for this product at the best time of year? If I contracted earlier or later in the season, would prices and/or availability change?
Again, although exceptions to the Buy American provision exist, they are to be used as a last resort. These exceptions, as originally outlined in the 2012 guidance, are:
- The product is not produced or manufactured in the U.S. in sufficient and reasonable available quantities of a satisfactory quality; or
- Competitive bids reveal the costs of a U.S. product are significantly higher than the non-domestic product.
If a SFA is using one of the above exceptions, there is no requirement to request a waiver in order to purchase a non-domestic product. SFAs must, however, keep documentation justifying the exception(s).”
- CDE’s existing monitoring role. According to USDA guidance, “Monitoring by the SFA and oversight by the state agency are critical functions in enforcing the Buy American Provision… and state agencies conducting procurement reviews in conjunction with or as a separate review from administrative reviews in 7 CFR Part 210.18, must ensure SFA compliance with the Buy American provision. Similar to SFA monitoring, State agencies must determine if a SFA’s solicitation and contract documents contain the language for contractors to supply products in compliance with the Buy American provision; review the label on a variety of food products in storage facilities; and review a sample of supplier invoices/receipts to ensure the country of origin is the United States or its territories. If exceptions are identified, the State agency must request documentation justifying the exception(s) outlined above. If non-domestic products are identified and there is no documentation justifying the exception, the State agency must issue a finding and require corrective action.”
Additionally, federal regulations currently specify a comprehensive process that state agencies must follow in conducting administrative reviews of SFAs participating in the National School Lunch Program and the School Breakfast Program, including the following provisions:
- Administrative reviews must be conducted at least once every three years of all SFAs and follow-up reviews are required where significant or repeated violations exist.
- The state agency must review at least one school from each local education agency (LEA) and must review all schools with a free average daily participation of 100 percent.
- Scope of the review includes specified requirements including ensuring that free and reduced price meals are served only to children eligible for such meals and that meals served meet all relevant nutritional and other requirements.
- Specifies the actions to be taken on the day of the review, including observing a significant number of program meals to ensure all of the meals meet the required food components and quantities for the age/grade levels being served and conducting targeted menu reviews.
- Requires the state agency to confirm the LEA has appropriate policies in place regarding establishing eligibility for free and reduced price meals, competitive food standards, availability of water, food safety, local school wellness policies and other relevant policies.
- Specifies the procedures for applying corrective actions when SFAs are found to be in violation of any of the requirements, including training, technical assistance, and fiscal actions.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
According to the Assembly Appropriations Committee, minor and absorbable costs. The workload associated with this bill is required by the federal Buy American meal program.
Agriculture Council of California (source)
Almond Alliance of California
Apricot Producers of California
Butte County Rice Growers Association
California Association of Wheat Growers
California Bean Shippers Association
California Canning Peach Association
California Farm Bureau Association
California Grain & Feed Association
California League of Food Processors
California State Floral Association
California Warehouse Association
Horizon Nut Company
Pacific Coast Producers
Seneca Foods Corporation, LLC
Sunsweet
UnitedAg
Valley Fig Growers
OPPOSITION: (Verified 8/31/17)
ASSEMBLY FLOOR: 73-0, 8/31/17
AYES: Acosta, Aguiar-Curry, Travis Allen, Arambula, Baker, Berman, Bigelow, Bocanegra, Bonta, Brough, Caballero, Calderon, Cervantes, Chau, Chávez, Chen, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Dababneh, Dahle, Daly, Eggman, Flora, Fong, Frazier, Friedman, Gallagher, Gipson, Gloria, Gonzalez Fletcher, Gray, Grayson, Harper, Holden, Irwin, Jones-Sawyer, Kalra, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Muratsuchi, Nazarian, Obernolte, O'Donnell, Patterson, Quirk, Reyes, Rodriguez, Rubio, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Voepel, Waldron, Weber, Wood, Rendon
NO VOTE RECORDED: Bloom, Burke, Cristina Garcia, Eduardo Garcia, Quirk-Silva, Ridley-Thomas
8/31/17 18:09:18
**** END ****
Date of Hearing: August 23, 2017
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez Fletcher, Chair
SBPCA Bill Id:SB 730
Author:(Pan) – As Amended Ver:July 18, 2017
Policy Committee: | Education | Vote: | 7 - 0 |
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| ||
|
|
Urgency: No State Mandated Local Program: No Reimbursable: No
SUMMARY:
This bill requires the California Department of Education (CDE) to take specified actions in order to monitor compliance with the federal Buy American provisions for the National School Lunch program, including posting resources and best practices on their website.
FISCAL EFFECT:
Minor and absorbable costs. The workload associated with the bill is required by the federal Buy American meal program.
COMMENTS:
- Purpose. According to the author, “additional steps are necessary to increase transparency regarding school food purchase decisions in California. In November 2015, the Sacramento Bee reported that Sacramento City Unified School District purchased Chinese canned peaches and mixed fruit even though nearly all U.S. canned peaches and plastic packaged peaches are grown here in California, and four food processor warehouses with supplies of canned peaches are within a two-hour drive of Sacramento. A similar situation occurred with the Elk Grove Unified School District…With a wide array of nutritious food grown and produced here in California, it is incumbent upon CDE to review compliance and enforcement of the Buy American requirement. Enforcement of the Buy American requirement ensures our children consume food of the highest quality and safety, supports locally-grown products and our economy, and reinforces California’s commitment as a world leader on climate change.”
- Background. Federal law requires school food authorities participating in the National School Lunch Program or the School Breakfast Program to purchase, to the maximum extent practicable, domestic commodities or products. To comply with federal law, the CDE is required to conduct administrative reviews of all school food authorities participating in the National School Lunch Program (including the Afterschool Snacks and the Seamless Summer Option) and School Breakfast Program at least once during a three year review cycle, provided that each school food authority is reviewed at least once every four years.
Analysis Prepared by: Daisy Gonzales / APPR. / (916) 319-2081
Date of Hearing: July 12, 2017
ASSEMBLY COMMITTEE ON EDUCATION
Patrick O'Donnell, Chair
SBPCA Bill Id:SB 730
Author:(Pan) – As Amended Ver:May 26, 2017
SENATE VOTE: 40-0
SUBJECT: Pupil nutrition: National School Lunch Act: Buy American provision: compliance
SUMMARY: Requires the California Department of Education (CDE) to take specified actions in order to monitor compliance with the federal Buy American provisions for the National School Lunch program. Specifically, this bill:
- Requires the CDE to take all of the following actions as part of the administrative review, required by federal regulations, in order to monitor compliance and to enforce the Buy America provisions:
- Distribute to school food authorities the most recent Buy American requirement guidance information from the United States Department of Agriculture (USDA) on an annual basis.
- Determine if school food authority solicitation and contract documents contain the language for contractors to supply products in compliance with the Buy American provision.
- Review a variety of food product labels in storage facilities to ensure compliance with the Buy American provision.
- Review a sample of supplier invoices and receipts to ensure the country of origin is the United States or its territories.
- Request documentation justifying any exceptions identified.
- Issue a finding and require corrective action if nondomestic products are identified and there is no documentation justifying an exception.
- Require school food authorities to include the Buy American provision in solicitations, contracts, and product specifications.
- Establish best practices for school food authorities to comply with the Buy American provision.
- Expresses findings and declarations regarding the provisions of, and importance of, the Buy America provisions for procuring commodities and products for schools participating in the federal school meal programs.
- Specifies that the provisions of this section will be operative only if authorized by federal law.
EXISTING LAW:
Existing federal law:
- Requires school food authorities participating in the National School Lunch Program or the School Breakfast Program to purchase, to the maximum extent practicable, domestic commodities or products. (Title 42, Code of Federal Regulations, Section 1760(n))
- Defines domestic commodity or product, for the purposes of this section, as:
- An agricultural commodity that is produced in the United States; or
- A food product that is processed in the United States substantially using agricultural commodities that are produced in the United States. (Title 42, Code of Federal Regulations, Section 1760(n))
- Requires state agencies to conduct administrative reviews of all school food authorities participating in the National School Lunch Program (including the Afterschool Snacks and the Seamless Summer Option) and School Breakfast Program at least once during a three year review cycle, provided that each school food authority is reviewed at least once every four years. (Title 7, Code of Federal Regulations, Section 210.18)
Existing state law:
- Requires each district or county superintendent of schools maintaining any kindergarten or any of grades 1 to 12, inclusive, to provide for each needy pupil one nutritionally adequate free or reduced-price meal during each schoolday. (Education Code 49550)
- Provides that a nutritionally adequate meal for this purpose is a breakfast or lunch meeting specified requirements that qualifies for reimbursement under the federal child nutrition program regulations. (EC 49553)
- Authorizes a school district or county office of education to use funds made available through any federal or state program the purpose of which includes the provision of meals to a pupil, including the federal School Breakfast Program, the federal National School Lunch Program, the federal Summer Food Service Program, the federal Seamless Summer Option, or the state meal program, or do so at its own expense. (EC 49550)
FISCAL EFFECT: According to the Senate Appropriations Committee, “to the extent there are school food authorities purchasing foods that are cheaper from outside of the United States (when such foods are grown or produced domestically) and switch to domestic foods that are more costly, the bill’s enforcement provisions could drive an increase in local costs which districts would have to absorb within existing resources.”
COMMENTS:
Need for the bill. According to the author, additional steps are necessary to increase transparency regarding school food purchase decisions in California. In November 2015, the Sacramento Bee reported that Sacramento City Unified School District purchased Chinese canned peaches and mixed fruit even though nearly all U.S. canned peaches and plastic packaged peaches are grown here in California, and four food processor warehouses with supplies of canned peaches are within a two-hour drive of Sacramento. A similar situation occurred with the Elk Grove Unified School District.
The author also notes that California is known worldwide as a leader on climate change. California’s farmers and producers, as well as food processors, abide by the numerous regulatory agency directives to lower emissions and use cleaner burning transportation vehicles and equipment in order to reduce greenhouse gas (GHG) emissions. The state must not undermine its efforts to reduce GHGs by spending taxpayer dollars to import products from nations not complying with equivalent emissions standards.
According to the author, our farmers and producers work hard to grow safe, healthy food, and they implement environmentally friendly stewardship practices. California grown food is produced under strict regulations to ensure food safety, reduce environmental impacts, carefully manage pesticide use and protect the health of workers. Spending taxpayer dollars to source food products for our children that are grown and processed under very different standards does not seem to comport with our priorities.
Finally, the author states that California is the leading agricultural-producing state in the nation with over 400 commodities grown and produced in our state. With a wide array of nutritious food grown and produced here in California, it is incumbent upon CDE to review compliance and enforcement of the Buy American requirement. Enforcement of the Buy American requirement ensures our children consume food of the highest quality and safety, supports locally-grown products and our economy, and reinforces California’s commitment as a world leader on climate change.”
Buy American provisions. Federal law requires school food authorities to purchase, to the maximum extent practicable, domestic commodities or products. This Buy American provision is meant to support the mission of the Child Nutrition Programs, to serve children nutritious meals and support American agriculture.
Domestic commodity or product is defined, in federal law, as an agricultural commodity that is produced in the U.S. and a food product that is processed in the U.S. substantially using agricultural commodities produced in the U.S. This bill includes a definition of “substantial” as 51% of the final processed product consists of agricultural commodities grown domestically. This reflects language used in federal guidance, which is subject to change. The committee may wish to consider whether it is advisable to codify federal guidance into state law.
Oversight of Buy American provisions. This bill lays out specific actions that the CDE must take to monitor compliance with the Buy American provision. Federal regulations currently specify a comprehensive process that state agencies must follow in conducting administrative reviews of school food authorities participating in the National School Lunch Program and the School Breakfast Program, including the following provisions:
- Administrative reviews must be conducted at least once every three years of all school food authorities and follow-up reviews are required where significant or repeated violations exist.
- The state agency must review at least one school from each local education agency (LEA) and must review all schools with a free average daily participation of 100%.
- Scope of the review includes specified requirements including ensuring that free and reduced price meals are served only to children eligible for such meals and that meals served meet all relevant nutritional and other requirements.
- Specifies the actions to be taken on the day of the review, including observing a significant number of program meals to ensure all of the meals meet the required food components and quantities for the age/grade levels being served and conducting targeted menu reviews.
- Requires the state agency to confirm the LEA has appropriate policies in place regarding establishing eligibility for free and reduced price meals, competitive food standards, availability of water, food safety, local school wellness policies and other relevant policies.
- Specifies the procedures for applying corrective actions when school food authorities are found to be in violation of any of the requirements, including training, technical assistance, and fiscal actions.
These detailed administrative reviews address compliance with the Buy American provisions in addition to numerous other requirements of the national school meal program. The committee may wish to consider whether it is necessary to establish a process in state law that may conflict with the process already in place in federal law and regulations.
Is non-compliance with Buy American a major problem in California? Since 2010 the CDE has received only two formal complaints regarding violations of the Buy American provisions:
- In 2015, the CDE was notified that the Sacramento City Unified School District had purchased fruit from China. The CDE contacted the school district, who clarified that the action was an oversight and was inconsistent with their practices. The district took steps to correct the action and prevent future occurrences and the inquiry was closed.
- The second complaint on file at CDE related to the Compton School District in 2010.
In the most recent round of administrative reviews, the CDE reports that nine out of 187 school food authorities received findings related to noncompliance with the Buy America provisions. Corrective actions were required in each case, but no funds were disallowed.
Pending report from the State Auditor. As a result of legislative action, the California State Auditor is currently completing an audit to provide independently developed and verified information related to whether the CDE is ensuring that public school districts are complying with the Buy American provision in federal law. The audit will include findings on the following:
- Review and evaluate the laws, rules, and regulations significant to the audit objectives.
- Assess the extent to which the CDE monitors and enforces public school districts’ compliance with the Buy American requirement, including whether school districts’ procurement specifications and solicitations include Buy American provisions and whether school districts are appropriately documenting exemptions to the Buy American requirement.
- Determine whether the CDE tracks purchases of food products by individual public school districts and, if so, whether the CDE can identify those districts purchasing food for school meal programs from outside of the United States when such foods are also grown or produced domestically. To the extent possible, identify school districts making such purchases and identify the food products purchased.
- Assess whether CDE policies related to reporting school purchasing decisions are sufficient to identify foreign-sourced food products served by California school districts. Determine whether the CDE has made any recent changes to improve transparency of school districts’ decisions to purchase foreign sourced food products.
- Identify and report any changes that CDE plans to make related to monitoring and enforcing Buy American requirements and assess whether such changes will ensure greater compliance with the requirements.
- Review and assess any other issues that are significant to the audit.
The office of the California State Auditor confirms that this audit will be released on July 27, 2017. The committee may wish to consider whether this bill is premature, given that the Legislature has asked the State Auditor to investigate this issue and provide recommendations.
Staff recommends:
- Strike the specific actions the CDE is required to conduct and replace with language specifying that in order to monitor school food authorities’ compliance of the Buy America provision, the CDE shall fulfill its obligations in accordance with federal regulations.
- Add language requiring the CDE to make Buy American requirements, resources, and best practices available on its website.
- Add language requiring CDE to distribute Buy American guidance or regulations from the USDA to school food authorities as updates are issued.
- Other technical changes to clarify the role of CDE in monitoring compliance with the Buy American provisions.
REGISTERED SUPPORT / OPPOSITION:
Support
Agricultural Council of California
Almond Alliance of California
Apricot Producers of California
Association of California Egg Farmers
Butte County Rice Growers Association
California Association of Wheat Growers
California Bean Shippers Association
California Canning Peach Association
California Dairies, Inc.
California Farm Bureau Federation
California Grain & Feed Association
California Pear Growers Association
California Seed Association
California State Floral Association
California Teamsters Public Affairs Council
California Warehouse Association
Horizon Nut Company
Pacific Coast Producers
San Luis Coastal Unified School District
Sun-Maid Growers of California
Sunsweet Growers
United Ag
Valley Fig Growers
Opposition
None on file
Analysis Prepared by: Debbie Look / ED. / (916) 319-2087
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB |
THIRD READING
Bill No: SB 730
Amended: 5/26/17
SENATE EDUCATION COMMITTEE: 7-0, 4/26/17
AYES: Allen, Wilk, Galgiani, Leyva, Mendoza, Pan, Vidak
SENATE APPROPRIATIONS COMMITTEE: 7-0, 5/25/17
AYES: Lara, Bates, Beall, Bradford, Hill, Nielsen, Wiener
SOURCE: Agricultural Council of California
DIGEST:
This bill requires the California Department of Education (CDE) to monitor compliance and enforce the Buy American provision of the National School Lunch Program and to establish best practices for school food authorities (SFAs) to comply with the Buy American provision.
Existing federal law:
- Requires SFAs participating in the National School Lunch Program or the School Breakfast Program to purchase, to the maximum extent practicable, domestic commodities or products. (Title 42, United States Code, § 1760(n))
- Requires state agencies to conduct administrative reviews of all SFAs participating in the National School Lunch Program (including the Afterschool Snacks and the Seamless Summer Option) and School Breakfast Program at least once during a three year review cycle, provided that each SFA is reviewed at least once every four years. (Title 7, Code of Federal Regulations, §210.18)
Existing state law:
- Requires each district or county superintendent of schools maintaining any kindergarten or any of grades 1 to 12, inclusive, to provide for each needy pupil one nutritionally adequate free or reduced-price meal during each schoolday. (Education Code § 49550)
- Provides that a nutritionally adequate meal for this purpose is a breakfast or lunch meeting specified requirements that qualifies for reimbursement under the federal child nutrition program regulations. (EC § 49553)
- Authorizes a school district or county office of education to use funds made available through any federal or state program the purpose of which includes the provision of meals to a pupil, including the federal School Breakfast Program, the federal National School Lunch Program, the federal Summer Food Service Program, the federal Seamless Summer Option, or the state meal program, or do so at its own expense. (EC § 49550)
This bill:
- Requires CDE, as part of its administrative review required by federal law, to monitor compliance and enforce the Buy American provision of the National School Lunch Program by doing all of the following:
- Distributing to SFAs the most recent Buy American requirement guidance information from the United States Department of Food and Agriculture on an annual basis.
- Determining if SFA solicitation and contract documents contain the language for contractors to supply products in compliance with the Buy American provision.
- Reviewing a variety of food product labels in storage facilities to ensure compliance with the Buy American provision.
- Reviewing a sample of supplier invoices and receipts to ensure the country of origin is the United States or its territories.
- Requesting documentation justifying any exceptions identified in (d).
- Issuing a finding and require corrective action if nondomestic products are identified and there is no documentation justifying an exception.
- Requiring SFAs to include the Buy American provision in solicitations, contracts, and product specifications.
- Requires CDE to establish best practices for SFAs to comply with the Buy American provision.
- Specifies that its provisions are operative only to the extent authorized under federal law.
Comments
- Need for the bill. According to the author, “Additional steps are necessary to increase transparency regarding school food purchase decisions in California. Recent actions by some public school districts in California show a deviation with the Buy American requirement. In November 2015, the Sacramento Bee reported that Sacramento City Unified School District purchased Chinese canned peaches and mixed fruit even though nearly all U.S. canned peaches and plastic packaged peaches are grown here in California, and four food processor warehouses with supplies of canned peaches are within a two-hour drive of Sacramento. A similar situation occurred with the Elk Grove Unified School District. In addition, California is known worldwide as a leader on climate change and this commitment is clear given the legislature’s significant work on this issue. As Such, California should ensure that actions by state agencies do not implement a double standard when it comes to clime change. California’s farmers and producers, as well as food processors, abide by the numerous regulatory agency directives to lower emissions and use cleaner burning transportation vehicles and equipment in order to reduce greenhouse gas (GHG) emissions. The state must not undermine its efforts to reduce GHGs by spending taxpayer dollars to import products from nations not complying with equivalent emissions standards.”
- Audit to be conducted. On August 6, 2016, the California State Auditor’s Office announced that it approved Senator Galgiani’s audit request regarding the Buy American provision: “The audit by the California State Auditor will provide independently developed and verified information related to whether CDE is ensuring that public school districts under its jurisdiction are complying with the Buy American provision in the federal William F. Goodling Child Nutrition Reauthorization Act of 1998, and will include, but not be limited to, the following:
- Review and evaluate the laws, rules, and regulations significant to the audit objectives.
- Assess the extent to which the CDE monitors and enforces public school districts' compliance with the Buy American requirement, including whether school districts' procurement specifications and solicitations include Buy American provisions and whether school districts are appropriately documenting exemptions to the Buy American requirement.
- Determine whether the CDE tracks purchases of food products by individual public school districts and, if so, whether the CDE can identify those districts purchasing food for school meal programs from outside of the United States when such foods are also grown or produced domestically. To the extent possible, identify school districts making such purchases and identify the food products purchased.
- Assess whether CDE policies related to reporting school purchasing decisions are sufficient to identify foreign-sourced food products served by California school districts. Determine whether the CDE has made any recent changes to improve transparency of school districts' decisions to purchase foreign sourced food products.
- Identify and report any changes that CDE plans to make related to monitoring and enforcing Buy American requirements and assess whether such changes will ensure greater compliance with the requirements.
- Review and assess any other issues that are significant to the audit.”
- Existing waiver authority/exceptions. According to guidance issued by the United States Department of Agriculture (USDA), “There are limited exceptions to the Buy American provision which allow for the purchase of products not meeting the ‘domestic’ standard as described above (‘non-domestic’) in circumstances when use of domestic products is truly not practicable. However, before utilizing an exception, alternatives to purchasing non-domestic food products should be considered. For example, school food authorities (SFAs) should ask:
- Are there other domestic sources for this product?
- Is there a domestic product that could be easily substituted, if the non-domestic product is less expensive (e.g. substitute domestic pears for non-domestic apples)?
- Am I soliciting bids for this product at the best time of year? If I contracted earlier or later in the season, would prices and/or availability change?
Again, although exceptions to the Buy American provision exist, they are to be used as a last resort. These exceptions, as originally outlined in the 2012 guidance, are:
- The product is not produced or manufactured in the U.S. in sufficient and reasonable available quantities of a satisfactory quality; or
- Competitive bids reveal the costs of a U.S. product are significantly higher than the non-domestic product.
If a school food authority (SFA) is using one of the above exceptions, there is no requirement to request a waiver in order to purchase a non-domestic product. SFAs must, however, keep documentation justifying the exception(s).”
- CDE’s existing monitoring role. This bill codifies the USDA’s existing Buy American provision monitoring guidance. According to that guidance, “Monitoring by the SFA and oversight by the state agency are critical functions in enforcing the Buy American Provision… and state agencies conducting procurement reviews in conjunction with or as a separate review from administrative reviews in 7 CFR Part 210.18, must ensure SFA compliance with the Buy American provision. Similar to SFA monitoring, State agencies must determine if a SFA’s solicitation and contract documents contain the language for contractors to supply products in compliance with the Buy American provision; review the label on a variety of food products in storage facilities; and review a sample of supplier invoices/receipts to ensure the country of origin is the United States or its territories. If exceptions are identified, the State agency must request documentation justifying the exception(s) outlined above. If non-domestic products are identified and there is no documentation justifying the exception, the State agency must issue a finding and require corrective action.”
Related/Prior Legislation
SB 782 (Skinner, 2017) establishes the California-Grown Fresh School Meals Grant Program in the Department of Food and Agriculture for purposes of encouraging the purchase of California-grown food by schools and expanding the number of freshly prepared school meals offered within the state that use California-grown ingredients. SB 782 is pending on the Senate floor.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
According to the Senate Appropriations Committee, to the extent there are school food authorities purchasing foods that are cheaper from outside the United State (when such foods are grown and produced domestically) and switch to domestic foods that are more costly, this bill’s enforcement provisions could drive an increase in local costs which districts would have to absorb with existing resources.
Agriculture Council of California (source)
Almond Alliance of California
Apricot Producers of California
Butte County Rice Growers Association
California Association of Wheat Growers
California Bean Shippers Association
California Canning Peach Association
California Farm Bureau Association
California Grain & Feed Association
California League of Food Processors
California State Floral Association
California Warehouse Association
Horizon Nut Company
Pacific Coast Producers
Seneca Foods Corporation, LLC
Sunsweet
UnitedAg
Valley Fig Growers
OPPOSITION: (Verified 5/25/17)
5/27/17 18:23:00
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SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2017 - 2018 Regular Session
SB 730 (Pan) - Pupil nutrition: National School Lunch Act: Buy American provision: compliance
Version: May 3, 2017 | Policy Vote: ED. 7 - 0 |
Urgency: No | Mandate: Yes |
Hearing Date: May 25, 2017 | Consultant: Lenin Del Castillo |
*********** ANALYSIS ADDENDUM – SUSPENSE FILE ***********
The following information is revised to reflect amendments
adopted by the committee on May 25, 2017
Bill Summary:
This bill requires the California Department of Education (CDE) to monitor compliance and enforce the Buy American provision of the National School Lunch Program for school food authorities.
Fiscal Impact:
To the extent there are school food authorities purchasing foods that are cheaper from outside of the United States (when such foods are grown or produced domestically) and switch to domestic foods that are more costly, the bill’s enforcement provisions could drive an increase in local costs which districts would have to absorb within existing resources.
Committee Amendments:
Remove the requirement for CDE to establish a process for school food authorities to request an exception to the Buy American requirement before purchasing nondomestic products, and the requirement for school food authorities to notify the public that foreign commodities are being served.
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SENATE COMMITTEE ON
Senator Ricardo Lara, Chair
2017 - 2018 Regular Session
SB 730 (Pan) - Pupil nutrition: National School Lunch Act: Buy American provision: compliance
Version: | Policy Vote: |
Urgency: | Mandate: |
Hearing Date: | Consultant: |
This bill meets the criteria for referral to the Suspense File.
Bill Summary:
This bill requires the California Department of Education (CDE) to monitor compliance and to enforce the Buy American provision of the National School Lunch Program for school food authorities.
Fiscal Impact:
- CDE estimates it would require approximately 2.25 PY’s and $292,500 General Fund per year to implement the exemption process required by the bill.
- Unknown increase in local costs for school districts to switch and purchase more costly domestic foods which would have to be absorbed within existing resources.
- Potential reimbursable state mandate (Proposition 98 General Fund) for school food authorities to notify the public and post information on its website when they are serving a foreign food commodity or product.
Background:
Existing federal law requires school food authorities participating in the National School Lunch Program or the School Breakfast Program to purchase, to the maximum extent practicable, domestic commodities or products. Further, federal law requires state agencies to conduct administrative reviews of all school food authorities participating in the National School Lunch Program and School Breakfast Program at least once during a three year review cycle, provided that each school food authority is reviewed at least once every four years.
Existing state law requires each district or county superintendent of schools maintaining any kindergarten or any of grades 1 to 12, inclusive, to provide for each needy pupil one nutritionally adequate free or reduced-price meal during each schoolday. A nutritionally adequate meal for this purpose is a breakfast or lunch meeting specified requirements that qualifies for reimbursement under the federal child nutrition program regulations.
Existing law also authorizes a school district or county office of education to use fund made available through any federal or state program for the provision of meals to a pupil, including the federal School Breakfast Program, the federal National School Lunch Program, the federal Summer Food Service Program, the federal Seamless Summer Option, or the state meal program, or do so at its own expense.
Proposed Law:
This bill requires CDE, in order to monitor compliance and to enforce the Buy American provision and as part of its administrative review pursuant to federal regulations, to do all of the following:
- Distribute to school food authorities the most recent Buy American requirement guidance information from the United States Department of Food and Agriculture on an annual basis.
- Determine if school food authority solicitation and contract documents contain the language for contractors to supply products in compliance with the Buy American provision.
- Review a variety of food product labels in storage facilities to ensure compliance with the Buy American provision.
- Review a sample of supplier invoices and receipts to ensure the country of origin is the United States or its territories.
- Request documentation justifying any exceptions, as specified.
- Issue a finding and require corrective action if nondomestic products are identified and there is no documentation justifying an exception.
- Require school food authorities to include the Buy American provision in solicitations, contracts, and product specifications.
- Establish best practices for school food authorities to comply with the Buy American provision.
- Establish a process for school food authorities to request an exception to the Buy American requirement before purchasing nondomestic products.
The bill provides that once an exception process is established, if a school food authority uses an exception, CDE shall require the school food authority to notify the public by posting on the school food authority’s Internet Web site the fact that the school food authority is serving a foreign commodity or product pursuant to an exception to the Buy American provision.
This bill specifies that its provisions are operative only to the extent authorized under federal law.
Related Legislation:
SB 782 (Skinner, 2017) would establish the California Grown Fresh School Meals Grant Program within California Department of Food and Agriculture (CDFA) to provide grants for public schools to buy California-grown food and expand the number of freshly prepared school meals that use these food products. SB 782 is scheduled to be heard by this Committee on May 15, 2017.
Staff Comments:
Federal law requires school food authorities participating in the National School Lunch Program or the School Breakfast Program to purchase, to the maximum extent practicable, domestic commodities or products. However, it is unclear whether all school districts are actually complying with the law and purchasing foods that are grown or produced domestically, unless otherwise exempted. To the extent there are school food authorities purchasing foods that are cheaper from outside of the United States (when such foods are also grown or produced domestically) and switch to domestic foods that are more costly, the bill’s enforcement provisions could drive an increase in local costs which districts would have to absorb within existing resources. There would also be local costs for school food authorities to notify the public and post information on its website when they are serving a foreign food commodity or product. To the extent that the Commission on State Mandates determines this activity to be a higher level of service, the bill would impose a reimbursable state mandate resulting in unknown Proposition 98 General Fund costs.
The CDE indicates there are provisions in the bill which exceed what is currently required in federal law. Specifically, CDE would be required to implement a process for school food authorities to request an exception to the Buy American requirement prior to purchasing nondomestic products. To implement this exemption process, CDE estimates it would require approximately 2.25 PY’s and $292,500 General Fund per year.
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SENATE COMMITTEE ON EDUCATION
Senator Benjamin Allen, Chair
2017 - 2018 Regular
Bill No: SB 730 Hearing Date: April 26, 2017
Author: | |||
Version: | February 17, 2017 | ||
Urgency: | No | Fiscal: | Yes |
Consultant: | Brandon Darnell | ||
Subject: Pupil nutrition: National School Lunch Act: Buy American provision: compliance
SUMMARY
This bill requires the California Department of Education (CDE) to monitor compliance and enforce the Buy American provision of the National School Lunch Program by taking certain actions, to establish best practices for school food authorities to comply with the Buy American provision, and to establish a process for school food authorities to request an exception to the Buy American requirement before purchasing nondomestic products.
BACKGROUND
Existing federal law:
1) Requires school food authorities participating in the National School Lunch Program or the School Breakfast Program to purchase, to the maximum extent practicable, domestic commodities or products. (Title 42, United States Code, § 1760(n))
2) Requires state agencies to conduct administrative reviews of all school food authorities participating in the National School Lunch Program (including the Afterschool Snacks and the Seamless Summer Option) and School Breakfast Program at least once during a three year review cycle, provided that each school food authority is reviewed at least once every four years. (Title 7, Code of Federal Regulations, §210.18)
Existing state law:
1) Requires each district or county superintendent of schools maintaining any kindergarten or any of grades 1 to 12, inclusive, to provide for each needy pupil one nutritionally adequate free or reduced-price meal during each schoolday. (Education Code § 49550)
2) Provides that a nutritionally adequate meal for this purpose is a breakfast or lunch meeting specified requirements that qualifies for reimbursement under the federal child nutrition program regulations. (EC § 49553)
3) Authorizes a school district or county office of education to use funds made available through any federal or state program the purpose of which includes the provision of meals to a pupil, including the federal School Breakfast Program, the federal National School Lunch Program, the federal Summer Food Service Program, the federal Seamless Summer Option, or the state meal program, or do so at its own expense. (EC § 49550)
ANALYSIS
This bill requires the California Department of Education (CDE) to monitor compliance and enforce the Buy American provision of the National School Lunch Program by taking certain actions, to establish best practices for school food authorities to comply with the Buy American provision, and to establish a process for school food authorities to request an exception to the Buy American requirement before purchasing nondomestic products. Specifically, this bill:
1) In order to monitor compliance and to enforce the Buy American provision, requires CDE to do all of the following:
a) Distribute to school food authorities the most recent Buy American requirement guidance information from the United States Department of Food and Agriculture on an annual basis.
b) Determine if school food authority solicitation and contract documents contain the language for contractors to supply products in compliance with the Buy American provision.
c) Review a variety of food product labels in storage facilities to ensure compliance with the Buy American provision.
d) Review a sample of supplier invoices and receipts to ensure the country of origin is the United States or its territories.
e) Request documentation justifying any exceptions identified in (d).
f) Issue a finding and require corrective action if nondomestic products are identified and there is no documentation justifying an exception.
g) Require school food authorities to include the Buy American provision in solicitations, contracts, and product specifications.
h) Establish best practices for school food authorities to comply with the Buy American provision.
i) Establish a process for school food authorities to request an exception to the Buy American requirement before purchasing nondomestic products.
2) Once an exception process is established, if a school food authority uses an exception, requires CDE to require the school food authority to do both of the following:
a) Notify the public by posting on the school food authority’s Internet Web site the fact that the school food authority is serving a foreign commodity or product pursuant to an exception to the Buy American provision.
b) Electronically mail a notice to the parents or guardians of pupils enrolled in the free or reduced-price meals program that states that the school food authority is serving a foreign commodity pursuant to an exception to the Buy American requirement and identifies the exception being used.
3) Specifies that its provisions are operative only to the extent authorized under federal law.
STAFF COMMENTS
- Need for the bill. According to the author, “Additional steps are necessary to increase transparency regarding school food purchase decisions in California. Recent actions by some public school districts in California show a deviation with the Buy American requirement. In November 2015, the Sacramento Bee reported that Sacramento City Unified School District purchased Chinese canned peaches and mixed fruit even though nearly all U.S. canned peaches and plastic packaged peaches are grown here in California, and four food processor warehouses with supplies of canned peaches are within a two-hour drive of Sacramento. A similar situation occurred with the Elk Grove Unified School District. In addition, California is known worldwide as a leader on climate change and this commitment is clear given the legislature’s significant work on this issue. As Such, California should ensure that actions by state agencies do not implement a double standard when it comes to clime change. California’s farmers and producers, as well as food processors, abide by the numerous regulatory agency directives to lower emissions and use cleaner burning transportation vehicles and equipment in order to reduce greenhouse gas (GHG) emissions. The state must not undermine its efforts to reduce GHGs by spending taxpayer dollars to import products from nations not complying with equivalent emissions standards.”
- Audit to be conducted. On August 6, 2016 the California State Auditor’s Office announced that it approved Senator Galgiani’s audit request regarding the Buy American provision. “The audit by the California State Auditor will provide independently developed and verified information related to whether the California Department of Education's (CDE) is ensuring that public school districts under its jurisdiction are complying with the Buy American provision in the federal William F. Goodling Child Nutrition Reauthorization Act of 1998, and will include, but not be limited to, the following:
- Review and evaluate the laws, rules, and regulations significant to the audit objectives.
- Assess the extent to which the CDE monitors and enforces public school districts' compliance with the Buy American requirement, including whether school districts' procurement specifications and solicitations include Buy American provisions and whether school districts are appropriately documenting exemptions to the Buy American requirement.
- Determine whether the CDE tracks purchases of food products by individual public school districts and, if so, whether the CDE can identify those districts purchasing food for school meal programs from outside of the United States when such foods are also grown or produced domestically. To the extent possible, identify school districts making such purchases and identify the food products purchased.
- Assess whether CDE policies related to reporting school purchasing decisions are sufficient to identify foreign-sourced food products served by California school districts. Determine whether the CDE has made any recent changes to improve transparency of school districts' decisions to purchase foreign sourced food products.
- Identify and report any changes that CDE plans to make related to monitoring and enforcing Buy American requirements and assess whether such changes will ensure greater compliance with the requirements.
- Review and assess any other issues that are significant to the audit.”
The committee may wish to consider waiting for the results of the state audit before pursuing legislation.
- Existing waiver authority/exceptions. According to guidance issued by the United States Department of Agriculture , “There are limited exceptions to the Buy American provision which allow for the purchase of products not meeting the “domestic” standard as described above (“non-domestic”) in circumstances when use of domestic products is truly not practicable. However, before utilizing an exception, alternatives to purchasing non-domestic food products should be considered. For example, school food authorities (SFAs) should ask:
- Are there other domestic sources for this product?
- Is there a domestic product that could be easily substituted, if the non-domestic product is less expensive (e.g. substitute domestic pears for non-domestic apples)?
- Am I soliciting bids for this product at the best time of year? If I contracted earlier or later in the season, would prices and/or availability change?
Again, although exceptions to the Buy American provision exist, they are to be used as a last resort. These exceptions, as originally outlined in the 2012 guidance, are:
a) The product is not produced or manufactured in the U.S. in sufficient and
reasonable available quantities of a satisfactory quality; or
b) Competitive bids reveal the costs of a U.S. product are significantly higher than the non-domestic product.
If a school food authorities (SFA) is using one of the above exceptions, there is no requirement to request a waiver in order to purchase a non-domestic product. SFAs must, however, keep documentation justifying the exception(s).”
This bill would make utilization of exceptions to the Buy American provision more restrictive than the federal guidance’s permissive approach. Instead, the bill would require SFAs
4) CDE’s existing monitoring role. This bill codifies the United States Department of Agriculture’s (USDA) existing Buy American provision monitoring guidance. (https://www.fns.usda.gov/sites/default/files/cn/SP24-2016os.pdf). According to the United States Department of Agriculture’s (USDA) guidance, “Monitoring by the SFA and oversight by the state agency are critical functions in enforcing the Buy American Provision… and state agencies conducting procurement reviews in conjunction with or as a separate review from administrative reviews in 7 CFR Part 210.18, must ensure SFA compliance with the Buy American provision. Similar to SFA monitoring, State agencies must determine if a SFA’s solicitation and contract documents contain the language for contractors to supply products in compliance with the Buy American provision; review the label on a variety of food products in storage facilities; and review a sample of supplier invoices/receipts to ensure the country of origin is the United States or its territories. If exceptions are identified, the State agency must request documentation justifying the exception(s) outlined above. If non-domestic products are identified and there is no documentation justifying the exception, the State agency must issue a finding and require corrective action.” Staff recommends that the bill be amended as follows:
“(b) In order to monitor compliance and to enforce the Buy American provision, as part of its administrative review pursuant to Section 210.18 of Title 7 of Code of Federal Regulations, the department shall do all of the following:”
Staff also recommends that the bill amended to delete “(B) Electronically mail a notice to the parents or guardians of pupils enrolled in the free or reduced-price meals program that states that the school food authority is serving a foreign commodity pursuant to an exception to the Buy American requirement and identifies the exception being used.”
5) Related legislation. SB 782 (Skinner, 2017) would establish the California Grown Fresh School Meals Grant Program within California Department of Food and Agriculture (CDFA) to provide grants for public schools to buy California-grown food and expand the number of freshly prepared school meals that use these food products. SB 782 is scheduled to be heard by this Committee on April 26, 2017.
SUPPORT
Agriculture Council of California
Almond Alliance of California
Apricot Producers of California
Butte County Rice Growers Association
California Association of Wheat Growers
California Bean Shippers Association
California Canning Peach Association
California Farm Bureau Association (Farm Bureau)
California Grain & Feed Association
California League of Food Processors
California State Floral Association
California Warehouse Association
Horizon Nut Company
Pacific Coast Producers
Seneca Foods Corporation, LLC
Sunsweet
UnitedAg
Valley Fig Growers
OPPOSITION
None received.
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Discussed in Hearing
8MIN
Assembly Standing Committee on Education
49SEC
Senate Floor
48MIN
Senate Standing Committee on Appropriations
Bill Author
