BILL NUMBER: AB 86 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Lieu
DECEMBER 13, 2006
An act to amend Sections 49431, 49431.2, and 49433.9 of the
Education Code, relating to pupil nutrition.
LEGISLATIVE COUNSEL'S DIGEST
AB 86, as introduced, Lieu. School food nutrition: trans fat.
Existing law prohibits the sale of certain food items at
elementary, and at middle and high schools, and commencing July 1,
2007, requires snack and entree food items sold to pupils to meet
certain nutritional standards, as specified.
This bill would additionally prohibit these food items from
containing partially hydrogenated or hydrogenated vegetable oils,
except to the extent that these oils are naturally occurring in the
food item.
Because the bill would require additional duties of school
districts, the bill would impose a state-mandated program.
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 these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 49431 of the Education Code is amended to read:
49431. (a) (1) Commencing July 1, 2007, at each elementary
school, the only food that may be sold to a pupil during the school
day are full meals and individually sold portions of nuts, nut
butters, seeds, eggs, cheese packaged for individual sale, fruit,
vegetables that have not been deep fried, and legumes.
(2) An individually sold dairy or whole grain food item may be
sold to pupils at an elementary school, except food sold as part of a
USDA meal program, if it meets all of the following standards:
(A) Not more than 35 percent of its total calories shall be from
fat.
(B) Not more than 10 percent of its total calories shall be from
saturated fat.
(C) Not more than 35 percent of its total weight shall be composed
of sugar, including naturally occurring and added sugar.
(D) Not more than 175 calories per individual food item.
(E) It does not contain partially hydrogenated or hydrogenated
vegetable oils, except to the extent that these oils occur naturally
in the food item.
(b) An elementary school may permit the sale of food items that do
not comply with subdivision (a) as part of a school fundraising
event in any of the following circumstances:
(1) The items are sold by pupils of the school and the sale of
those items takes place off of and away from school premises.
(2) The items are sold by pupils of the school and the sale of
those items takes place at least one-half hour after the end of the
schoolday.
(c) It is the intent of the Legislature that the governing board
of a school district annually review its compliance with the
nutrition standards described in this section and Section 49431.5.
SEC. 2. Section 49431.2 of the Education Code is amended to read:
49431.2. (a) Commencing July 1, 2007, snacks sold to a pupil in
middle, junior, or high school, except food served as part of a USDA
meal program, shall meet all of the following standards:
(1) Not more than 35 percent of its total calories shall be from
fat. This paragraph does not apply to the sale of nuts, nut butters,
seeds, eggs, cheese packaged for individual sale, fruits, vegetables
that have not been deep fried, or legumes.
(2) Not more than 10 percent of its total calories shall be from
saturated fat. This subparagraph does not apply to eggs or cheese
packaged for individual sale.
(3) Not more than 35 percent of its total weight shall be composed
of sugar, including naturally occurring and added sugars. This
paragraph does not apply to the sale of fruits or vegetables that
have not been deep fried.
(4) No more than 250 calories per individual food item.
(5) It does not contain partially hydrogenated or hydrogenated
vegetable oils, except to the extent that these oils occur naturally
in the food item.
(b) Commencing July 1, 2007, entree items sold to a pupil in
middle, junior, or high school, except food served as part of a USDA
meal program, shall contain no more than 400 calories per entree,
shall contain no more than 4 grams of fat per 100 calories contained
in each entree, shall not contain partially hydrogenated or
hydrogenated vegetable oils, except to the extent that these oils
occur naturally in the food item, and shall be categorized as
entree items in the School Breakfast Program or National School Lunch
Program.
(c) A middle, junior, or high school may permit the sale of food
items that do not comply with subdivision (a) or (b) in any of the
following circumstances:
(1) The sale of those items takes place off of and away from
school premises.
(2) The sale of those items takes place on school premises at
least one-half hour after the end of the schoolday.
(3) The sale of those items occurs during a school-sponsored pupil
activity after the end of the schoolday.
(d) It is the intent of the Legislature that the governing board
of a school district annually review its compliance with the
nutrition standards described in this section.
SEC. 3. Section 49433.9 of the Education Code is amended to read:
49433.9. A school district participating in the pilot program
shall adopt the provisions of Section 49433 and shall comply with all
of the following requirements:
(a) (1) No beverage other than any of the following shall be sold
to pupils from one-half hour before the start of the schoolday until
one-half hour after the end of the schoolday:
(A) Fruit-based drinks that are composed of no less than 50
percent fruit juice and that have no added sweeteners.
(B) Drinking water.
(C) Milk, including, but not limited to, chocolate milk, soy milk,
rice milk, and other similar dairy or nondairy milk.
(D) Electrolyte replacement beverages that do not contain more
than 42 grams of added sweetener per 20 ounce serving.
(2) No carbonated beverage shall be sold to pupils from one-half
hour before the start of the schoolday until one-half hour after the
end of the schoolday.
(3) (A) Except as set forth in subparagraph (B), no beverage that
exceeds 12 ounces per serving shall be sold to pupils from one-half
hour before the start of the schoolday until one-half hour after the
end of the schoolday.
(B) The 12-ounce maximum serving requirement does not apply to any
of the following:
(i) Drinking water.
(ii) Milk, including, but not limited to, chocolate milk, soy
milk, rice milk, and other similar dairy or nondairy milk.
(iii) An electrolyte replacement beverage that does not exceed 20
ounces per serving.
(4) For the purposes of this subdivision, "added sweetener" means
any additive that enhances the sweetness of the beverage, including,
but not limited to, added sugar, but does not include the natural
sugar or sugars that are contained within the fruit juice which is a
component of the beverage.
(b) No food item shall be sold to pupils from one-half hour before
the start of the schoolday until one-half hour after the end of the
schoolday unless it meets all of the standards set forth in
subparagraphs (A) to (C), inclusive, and (E), of paragraph
(2) of subdivision (a) of Section 49431.
(c) Entree Entree items and side
dish serving sizes shall be no larger than the portions of those
foods served as part of the federal school meal program.
(d) Fruit and nonfried vegetables shall be offered for sale at any
location where food is sold.
SEC. 4. 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.