II 111th CONGRESS 1st Session S. 1500 IN THE SENATE OF THE UNITED STATES July 22, 2009 Mrs. Gillibrand introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry A BILL To amend the Richard B. Russell National School Lunch Act to prohibit schools that participate in the Federal school meal programs from serving foods that contain trans fats derived from partially hydrogenated oils.

1.

Prohibition on trans fats derived from partially hydrogenated oils

Section 12 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1760) is amended by adding at the end the following: (p)

Prohibition on trans fats derived from partially hydrogenated oils

(1)

Definition of trans fat

(A)

In general

In this subsection, the term trans fat, with respect to a food, means a food that contains partially hydrogenated oils. (B)

Exclusion

The term trans fat, with respect to a food, does not include any food that the Commissioner of Food and Drugs has found to be free of trans fats. (2)

Prohibition

Except as provided in paragraph (3), any school or service institution that participates in the food service programs under this Act or the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) shall be prohibited from serving any food that contains trans fats. (3)

Phase-out period

The Secretary shall promulgate regulations that— (A)provide for a 5-year period during which schools and service institutions described in paragraph (2) may phase out the service of foods prohibited under that paragraph; (B)require each school and service institution— (i)to carry out an internal audit at the end of the 5-year phase-out period to determine if the school or service institution is in compliance with paragraph (2); and (ii)to submit a report to the Secretary containing the results of the internal audit; and (C)establish a process under which the Secretary may grant waivers to schools or service institutions that demonstrate hardship in complying with the 5-year phase-out period due to contractual obligations or significant financial hardship. (4)

Guidance

The Secretary shall prepare guidance to assist schools and service institutions in transitioning from the use of oils containing trans fats to the use of healthy oils. .