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S.M. 2008, c. 4

Bill 2, 2nd Session, 39th Legislature

The Public Schools Amendment Act (Trans Fats and Nutrition)

(Assented to June 12, 2008)

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

C.C.S.M. c. P250 amended


The Public Schools Act is amended by this Act.


The following is added after clause 41(1)(b.2):

(b.3) ensure that a written policy respecting school food and nutrition is prepared for each school in the school division or school district, and that

(i) the policy is reviewed at least once in each year by the school's advisory council, local school committee or school committee, and

(ii) information about actions taken to implement the policy is reported as part of the school's annual school plan;


The following is added after section 47.1:


Artificial trans fat banned in schools


Every school board must ensure that, for each school within its jurisdiction, no artificial trans fat is contained in

(a) any vegetable oils and soft, spreadable margarines used in the preparation of foods on site in the school;

(b) any prepackaged product sold in the school; or

(c) any other food product that the school is responsible for selling or distributing to students.



For the purpose of subsection (1),

(a) a vegetable oil or soft, spreadable margarine is deemed not to contain artificial trans fat if its total trans fat content does not exceed 2% of its total fat content;

(b) a prepackaged product is deemed not to contain artificial trans fat if

(i) the fat in it originates exclusively from ruminant meat or dairy products, or

(ii) under the Food and Drug Act (Canada), the product does not require a label showing a nutrition facts table or, if the product does require such a label, its nutrition facts table lists the trans fat content as 0.2 grams per serving or less; and

(c) any other food product is deemed not to contain artificial trans fat if

(i) the fat in it originates exclusively from ruminant meat or dairy products, or

(ii) the total trans fat content of the product does not exceed 5% of the total fat content.



Subsection (1) does not apply

(a) to a local restaurant product that is sold or distributed in a school if

(i) the product is not available in the school on a daily basis, and

(ii) the principal of the school is satisfied that the sale or distribution of the product is not inconsistent with the school's food and nutrition policy; or

(b) to food provided by a pupil or the parent or guardian of a pupil.



The following definitions apply in this section.

"artificial trans fat" means non-naturally occurring fats formed by the hydrogenation of vegetable oils. (« gras trans artificiels »)

"food" means any substance intended for use in whole or in part for human consumption. (« aliment »)

"prepackaged product" means any food that is contained in a package in the manner in which it is ordinarily sold to, or used or purchased by, a person. (« produit préemballé »)

Coming into force


This Act comes into force on a day to be fixed by proclamation.