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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1500 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                S. 1500

 To amend the Richard B. Russell National School Lunch Act to prohibit 
   schools that participate in the Federal school meal programs from 
     serving foods that contain trans fats derived from partially 
                           hydrogenated oils.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             July 22, 2009

Mrs. Gillibrand introduced the following bill; which was read twice and 
   referred to the Committee on Agriculture, Nutrition, and Forestry

_______________________________________________________________________

                                 A BILL

 
 To amend the Richard B. Russell National School Lunch Act to prohibit 
   schools that participate in the Federal school meal programs from 
     serving foods that contain trans fats derived from partially 
                           hydrogenated oils.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. PROHIBITION ON TRANS FATS DERIVED FROM PARTIALLY 
              HYDROGENATED OILS.

    Section 12 of the Richard B. Russell National School Lunch Act (42 
U.S.C. 1760) is amended by adding at the end the following:
    ``(p) Prohibition on Trans Fats Derived From Partially Hydrogenated 
Oils.--
            ``(1) Definition of trans fat.--
                    ``(A) In general.--In this subsection, the term 
                `trans fat', with respect to a food, means a food that 
                contains partially hydrogenated oils.
                    ``(B) Exclusion.--The term `trans fat', with 
                respect to a food, does not include any food that the 
                Commissioner of Food and Drugs has found to be free of 
                trans fats.
            ``(2) Prohibition.--Except as provided in paragraph (3), 
        any school or service institution that participates in the food 
        service programs under this Act or the Child Nutrition Act of 
        1966 (42 U.S.C. 1771 et seq.) shall be prohibited from serving 
        any food that contains trans fats.
            ``(3) Phase-out period.--The Secretary shall promulgate 
        regulations that--
                    ``(A) provide for a 5-year period during which 
                schools and service institutions described in paragraph 
                (2) may phase out the service of foods prohibited under 
                that paragraph;
                    ``(B) require each school and service institution--
                            ``(i) to carry out an internal audit at the 
                        end of the 5-year phase-out period to determine 
                        if the school or service institution is in 
                        compliance with paragraph (2); and
                            ``(ii) to submit a report to the Secretary 
                        containing the results of the internal audit; 
                        and
                    ``(C) establish a process under which the Secretary 
                may grant waivers to schools or service institutions 
                that demonstrate hardship in complying with the 5-year 
                phase-out period due to contractual obligations or 
                significant financial hardship.
            ``(4) Guidance.--The Secretary shall prepare guidance to 
        assist schools and service institutions in transitioning from 
        the use of oils containing trans fats to the use of healthy 
        oils.''.
                                 <all>
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