BILL NUMBER: AB 626 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Members Skinner and Lowenthal
FEBRUARY 20, 2013
An act to amend Sections 8482.3, 38091, 38100, 49430, 49431,
49431.2, 49431.5, 49431.7, 49432, and 49434 of, and to repeal
Sections 38102, 49433, 49433.5, 49433.7, 49433.9, 49435, and 49436
of, the Education Code, relating to school nutrition.
LEGISLATIVE COUNSEL'S DIGEST
AB 626, as introduced, Skinner. School nutrition.
(1) Existing law, the After School Education and Safety Program
Act of 2002, enacted by initiative statute, establishes the After
School Education and Safety Program to serve pupils in kindergarten
and grades 1 to 9, inclusive, and requires an entity that applies to
operate a program to agree that snacks made available by the program
conform to specified nutrition standards.
This bill would also require an entity that applies to operate a
program to agree that meals made available by the program conform to
the same specified nutrition standards.
(2) Existing law authorizes the governing board of any school
district to establish cafeterias in the schools under its
jurisdiction and authorizes the moneys received for the sale of food
or for any services performed by the cafeterias to be paid into the
county treasury to the credit of the cafeteria fund of the particular
school district. Existing law requires the cafeteria fund to be used
only for those expenditures authorized by the governing board of the
school district as necessary for the operation of school cafeterias,
including, but not limited to, certain expenditures related to a
central food processing plant. Existing law also authorizes the
governing board of a school district to authorize the establishment
of one or more cafeteria revolving accounts whenever a cafeteria fund
is operated.
This bill would repeal the authority of the governing board of a
school district to use moneys in the cafeteria fund for certain
expenditures related to a central food processing plant and to create
one or more cafeteria revolving accounts.
(3) Existing law requires the cost of housing and equipping
cafeterias to be a charge against the funds of the school district
except that the governing board of a school district is authorized to
make the cost of the lease or purchase of additional cafeteria
equipment for a central food processing plant, and of vending
machines and their installation and housing, a charge against
cafeteria funds if the governing board of the school district deems
it necessary. Existing law also authorizes the governing board of a
school district, if school district funds are expended for the lease
or purchase of additional cafeteria equipment for a central food
processing plant, or for the lease, purchase, installation, or
housing of vending machines, to reimburse school funds from cafeteria
funds within 5 years after the expenditure.
This bill would instead require the cost of providing adequate
housing for cafeterias, including, but not limited to, kitchen
facilities, to be a charge against the funds of the school district.
The bill would require the cost of the lease or purchase of cafeteria
equipment and of vending machines and their installation and housing
to be a charge against cafeteria funds. However, the governing board
of a school district would be authorized to make these costs a
charge against the funds of the school district if the governing
board of the school district deems it necessary. The bill would also
authorize the governing board of the school district, if school
district funds are expended for the lease or purchase of cafeteria
equipment, or for the lease, purchase, installation, or housing of
vending machines, as specified, to reimburse school funds from
cafeteria funds during the same fiscal year.
Existing law authorizes the governing board of a school district
to make the cost of maintenance of the physical plant used in
connection with cafeterias, the cost of replacement of equipment, and
the cost of telephone charges, water, electricity, gas, coal, wood,
fuel oil, and garbage disposal a charge against the funds of the
school district.
This bill would instead authorize the governing board of a school
district to make the cost of maintenance of kitchen facilities, the
cost of replacement kitchen equipment, and the reasonable costs of
providing drinking water in the cafeteria and garbage disposal
related to food service and delivery a charge against cafeteria
funds.
(4) Existing law authorizes the governing board of any school
district operating school cafeterias to establish and maintain a
cafeteria fund reserve for the purchase, lease, maintenance, or
replacement of cafeteria equipment.
This bill would repeal that provision.
(5) Existing law, the Pupil Nutrition, Health, and Achievement Act
of 2001, requires each elementary school, commencing July 1, 2007,
to sell only certain foods to a pupil during the schoolday, except
for food items sold as part of a school fundraising event, if the
items are sold by pupils of the school and the sale of those items
takes place off of and away from school premises or 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. Existing law
defines "sold" as the exchange of food for money, coupon, or
vouchers.
This bill would require each elementary school, from one-half hour
before the start of the schoolday to one-half hour after the
schoolday, to sell only certain foods to a pupil, except for food
items sold as part of a school fundraising event if the sale of those
items takes places off of and away from school premises, or the sale
of those items takes place on school premises at least one-half hour
after the end of the schoolday. The bill would also define "sold" as
the exchange of food or beverages for money, coupon, vouchers, or
order forms, when any part of the exchange occurs on a school campus.
(6) Existing law, commencing July 1, 2007, and excluding food
served as part of a United States Department of Agriculture (USDA)
meal program, requires snacks and entrée items sold to a pupil in
middle, junior, or high school to meet specified nutritional
standards, and requires entrée items to also be categorized as entrée
items in the School Breakfast Program or National School Lunch
Program. Existing law authorizes the sale of food items that do not
comply with these provisions in specific circumstances, including,
but not limited to, if the sale of those items occurs during a
school-sponsored pupil activity after the end of the schoolday.
This bill would apply these restrictions to the sale of snacks and
entrées to a pupil in middle school or high school from one-half
hour before the start of the schoolday to one-half hour after the
schoolday, and would remove the requirement that entrée items be
categorized as entrée items in the School Breakfast Program or
National School Lunch Program. The bill would also repeal the
authority of a middle school or high school to permit the sale of
food items that do not comply with the specified nutritional
standards if the sale of those items occurs during a school-sponsored
pupil activity after the end of the schoolday.
(7) Existing law requires that only beverages that meet specified
nutritional standards may be sold to a pupil at an elementary school,
regardless of the time of day. Existing law authorizes an elementary
school to permit the sale of beverages that do not meet the
specified nutritional standards as part of a fundraising event if the
items are sold by pupils of the school and the sale of those items
takes place off of and away from the premises of the school or the
sale of those items takes place one-half hour or more after the end
of the schoolday.
This bill would instead require, from one-half hour before the
start of the schoolday to one-half hour after the schoolday, that
only beverages that meet specified nutritional standards may be sold
to a pupil at an elementary school. The bill would also remove the
requirement that beverages that do not meet specified nutritional
standards must be sold by pupils of the school.
Existing law requires that only beverages that meet specified
nutritional standards may be sold to a pupil at a middle or junior
high school from one-half hour before the start of the schoolday to
one-half hour after the end of the schoolday. Existing law authorizes
a middle or junior high school to permit the sale of beverages that
do not meet the specified nutritional standards as part of a school
event if the sale of those items occurs during a school-sponsored
event and takes place at the location of the event at least one-half
hour after the end of the schoolday and vending machines, pupil
stores, and cafeterias are used later then one-half hour after the
end of the schoolday.
This bill would require that only beverages that meet the same
specified nutritional standards may be sold to a pupil at a high
school for one-half hour before the start of the schoolday to
one-half hour after the end of the schoolday. The bill would also
authorize a middle school or high school to permit the sale of
beverages that do not meet specified nutritional standards as part of
a school event if either the sale of those items takes place off of
and away from the premises of the school or the sale of those items
takes place on school premises at least one-half hour after the end
of the schoolday.
(8) Existing law prohibits a school or school district, during
school hours and one-half hour before and after school hours, through
a vending machine or school food service establishment, as defined,
from making available to pupils enrolled in kindergarten, or grades 1
to 12, inclusive, food containing artificial trans fat, as defined,
or use food containing artificial trans fat in the preparation of a
food item served to those pupils unless the food is provided as part
of a USDA meal program.
This bill would instead prohibit a school or school district, from
one-half hour before the start of the schoolday to one-half hour
after the end of the schoolday, from selling to pupils enrolled in
kindergarten, or grades 1 to 12, inclusive, food containing
artificial trans fat, as defined, unless the food is provided as part
of a USDA meal program.
(9) Existing law requires the State Department of Education to
establish a 3-year pilot program related to the Pupil Nutrition,
Health, and Achievement Act of 2001, commencing in the fall of the
2002-03 school year, in which a total of not less than 10 high
schools, middle schools, or any combination of high schools and
middle schools that apply are selected to participate.
This bill would repeal the provisions related to the pilot
program.
(10) Existing law authorizes the Superintendent of Public
Instruction to monitor school districts for compliance with the Pupil
Nutrition, Health, and Achievement Act of 2001, and requires each
school district so monitored to report to the Superintendent in the
coordinated review effort regarding the extent of the school district'
s compliance.
This bill would authorize the Superintendent, in the
administrative review of a school district, to report the extent of
the school district's compliance.
(11) This bill would also make nonsubstantive changes to these
provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 8482.3 of the Education Code is amended to
read:
8482.3. (a) The After School Education and Safety Program shall
be established to serve pupils in kindergarten and grades 1 to 9,
inclusive, at participating public elementary, middle, junior high,
and charter schools.
(b) A program may operate a before school component of a program,
an after school component, or both the before and after school
components of a program, on one or multiple schoolsites. If a program
operates at multiple schoolsites, only one application shall be
required for its establishment.
(c) Each component of a program established pursuant to this
article shall consist of the following two elements:
(1) An educational and literacy element in which tutoring or
homework assistance is provided in one or more of the following
areas: language arts, mathematics, history and social science,
computer training, or science.
(2) An educational enrichment element, that may include, but need
not be limited to, fine arts, career technical education, recreation,
physical fitness, and prevention activities.
(3) Notwithstanding any other provision of this article, the
majority of the time spent by a pupil who is in kindergarten or any
of grades 1 to 9, inclusive, and who is participating in a career
technical education element of a program established pursuant to this
article shall be at a site that complies with Section 8484.6.
(d) Applicants shall agree that snacks or meals made
available through a program shall conform to the nutrition standards
in Article 2.5 (commencing with Section 49430) of Chapter 9 of Part
27 of Division 4 of Title 2 .
(e) Applicants for programs established pursuant to this article
may include any of the following:
(1) A local educational agency, including, but not limited to, a
charter school, the California School for the Deaf (northern
California), the California School for the Deaf (southern
California), and the California School for the Blind.
(2) A city, county, or nonprofit organization in partnership with,
and with the approval of, a local educational agency or agencies.
(f) Applicants for grants pursuant to this article shall ensure
that each of the following requirements is fulfilled, if applicable:
(1) The application documents the commitments of each partner to
operate a program on that site or sites.
(2) The application has been approved by the school district, or
the charter school governing board, and the principal of each
participating school for each schoolsite or other site.
(3) Each partner in the application agrees to share responsibility
for the quality of the program.
(4) The application designates the public agency or local
educational agency partner to act as the fiscal agent. For purposes
of this section, "public agency" means only a county board of
supervisors or if the city is incorporated or has a charter, a city
council.
(5) Applicants agree to follow all fiscal reporting and auditing
standards required by the department.
(6) Applicants agree to incorporate into the program both of the
elements required pursuant to subdivision (c).
(7) Applicants agree to provide information to the department for
the purpose of program evaluation pursuant to Section 8483.55.
(8) Applicants shall certify that program evaluations will be
based upon Section 8484 and upon any requirements recommended by the
Advisory Committee on Before and After School Programs and adopted by
the state board, in compliance with subdivision (g) of Section
8482.4.
(9) The application states the targeted number of pupils to be
served by the program.
(10) Applicants agree to provide the following information on
participating pupils to the department:
(A) Schoolday attendance rates.
(B) Pupil test scores from the Standardized Testing and Reporting
Program established under Section 60640, reflecting achievement in
the areas addressed by required program elements, if assessments have
been established in that area.
(C) Program attendance.
(g) (1) Grantees shall review their after school program plans
every three years including, but not limited to, all of the
following:
(A) Program goals. A grantee may specify any new program goals
that will apply to the following three years during the grant renewal
process.
(B) Program content, including the elements identified in
subdivision (c).
(C) Outcome measures selected from those identified in subdivision
(a) of Section 8484 that the grantee will use for the next three
years.
(D) Any other information requested by the department.
(E) If the program goals or outcome measures change as a result of
this review, the grantee shall notify the department in a manner
prescribed by the department.
(F) The grantee shall maintain documentation of the after school
program plan for a minimum of five years.
(2) The department shall monitor this review as part of its onsite
monitoring process.
SEC. 2. Section 38091 of the Education Code is amended to read:
38091. The cafeteria fund shall be used only for those
expenditures authorized by the governing board of a school
district as necessary for the operation of school cafeterias,
including, but not limited to, expenditures for the lease or purchase
of additional cafeteria equipment for the central food
processing plant , vending machines and their installation
and housing, and computer equipment and related software.
Whenever a cafeteria fund is operated pursuant to these
provisions, the governing board may authorize the establishment of
one or more cafeteria revolving accounts. For accounting purposes, a
cafeteria revolving account is to be treated as a revolving cash
account of the cafeteria fund, providing that the receipt of income
and expenditures made from a cafeteria revolving account become
recorded as income and expenditures of the cafeteria fund.
Appropriate transfers, replenishments, and deposits between the
cafeteria fund and a cafeteria revolving account may occur as are
necessary to comply with accounting requirements. A cafeteria
revolving account may receive and expend moneys in the same manner
and for the same purposes as authorized for a cafeteria account.
The governing board of any school district, or of two or more
school districts governed by governing boards of identical personnel,
may also make expenditures from the cafeteria fund for the
construction, alteration, or improvement of a central food processing
plant, for the installation of additional cafeteria equipment for
the central food processing plant, and for the lease or purchase of
vehicles used primarily in connection with the central food
processing plant.
SEC. 3. Section 38100 of the Education Code is amended to read:
38100. (a) The cost of providing
adequate housing and equipping for
cafeterias , including, but not limited to, kitchen
facilities, is a charge against the funds of the school
district. The cost of the lease or purchase of cafeteria
equipment and of vending machines and their installation and housing
shall be a charge against cafeteria funds, in accordance with Section
38091. However, when the governing board of a school district
deems it necessary, the governing board of a school district
may make the cost of the lease or purchase of
additional cafeteria equipment for a central food
processing plant, and of vending
machines and their installation and housing, a charge against
cafeteria funds the funds of the school
district . If school district funds are expended for the lease
or purchase of additional cafeteria equipment
for a central food processing plant, or for the
lease, purchase, installation, or housing of vending machines, the
governing board of the school district may at any time
within five years during the same fiscal year
after the expenditure reimburse school district funds from
cafeteria funds. The governing board of a school district shall
only approve reimbursement for vending machines if at least one of
the following apply:
(1) The vending machines are owned and
operated by the school food services department, sell meals that
qualify for federal meal program reimbursement, and are equipped with
appropriate point of service meal counting software.
(2) The vending machines sell food and beverages that comply with
state and federal competitive food laws and regulations.
The
(b) The governing board of a
school district may by resolution make the cost of maintenance of the
physical plant used in connection with cafeterias,
kitchen facilities, the cost of replacement
of kitchen equipment , and
the cost of telephone charges, water, electricity, gas,
coal, wood, fuel oil, reasonable costs of providing
drinking water in the cafeteria, and garbage disposal
related to food service and delivery a charge against
the funds of the school district. cafeteria funds
provided that the school district complies with all applicable state
and federal laws and regulations.
The governing board of any school district, or of two or more
school districts governed by governing boards of identical personnel,
may also make the cost of the construction, alteration, or
improvement of a central food processing plant and the installation
of additional cafeteria equipment a charge against cafeteria funds.
If district funds are expended for these purposes, the governing
board also may at any time within five years after the expenditure
reimburse district funds from cafeteria funds.
SEC. 4. Section 38102 of the Education Code is repealed.
38102. The governing board of any school district operating
school cafeterias may establish and maintain a cafeteria fund reserve
for the purchase, lease, maintenance, or replacement of cafeteria
equipment, to be known as the cafeteria equipment reserve. The funds
for this reserve are to be derived from the sales of food in the
school cafeterias in an amount to be determined by the governing
board and may be accumulated from year to year until expended for
this purpose. Funds in the cafeteria equipment reserve shall only be
used for the purchase, lease, maintenance, or replacement of
cafeteria equipment.
Nothing in this section shall prohibit any school district from
replacing cafeteria equipment from district funds as provided in
Section 38100.
SEC. 5. Section 49430 of the Education Code is amended to read:
49430. As used in this article, the following terms have the
following meanings:
(a) "Elementary school" means a public school
operated and maintained by a school district, charter school, or
county office of education that maintains any grade from
kindergarten to grade 6, inclusive, but no grade higher than grade 6.
(b) "Middle school" means a public school
operated and maintained by a school district, charter school, or
county office of education that maintains grade 7 or 8, 7 to 9,
inclusive, or 7 to 10, inclusive.
(c) "High school" means a public school
operated and maintained by a school district, charter school, or
county office of education maintaining any of grades 9 to 12,
inclusive.
(d) "Full meal" means a combination of food items that meet
USDA-approved School Breakfast Program or National School Lunch
Program meal pattern requirements or the menu planning options of
Shaping Health as Partners in Education developed by the state (SHAPE
California network).
(e) "Added sweetener" means an additive other than 100 percent
fruit juice that enhances the sweetness of a beverage.
(f) "Sold" means the exchange of food or beverages for
money, coupons, or vouchers , or order forms,
when any part of the exchange occurs on a school campus .
(g) "Entrée" means a food that is generally regarded as being the
primary food in a meal, and shall include, but not be limited to,
sandwiches, burritos, pasta, and pizza.
(h) "Snack" means a food that is generally regarded as
supplementing a meal, including, but not limited to, chips, crackers,
onion rings, nachos, french fries, donuts, cookies, pastries,
cinnamon rolls, and candy.
(i) "Deep fried" means a food item is cooked by total submersion
in oil or fat.
(j) "Par fried" means a food item is fried to reach an internal
temperature of 160 degrees Fahrenheit then is cooled to room
temperature so that it may be refrigerated or frozen for future
frying.
(k) "Flash fried" means a food item is quickly fried on both sides
in oil with a temperature of 400 degrees Fahrenheit or higher.
SEC. 6. Section 49431 of the Education Code is amended to read:
49431. (a) (1) Commencing July 1, 2007,
From one-half hour before the start of the schoolday to one-half hour
after the schoolday, at each elementary school, the only food
that may be sold to a pupil during the school day
are full meals , individually sold dairy or whole grain foods,
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 , 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 may be sold to pupils at an elementary
school, except food sold as part of a USDA meal program, if
it meets they meet all of the following
standards:
(A) Not more than 35 percent of its total calories shall be from
fat. This subparagraph shall not apply to
individually sold portions of nuts, nut butters, seeds, eggs, cheese
packaged for individual sale, fruit, vegetables that have not been
deep fried, or legumes.
(B) Not more than 10 percent of its total calories shall be from
saturated fat. This subparagraph shall not apply to eggs or
cheese packaged for individual sale.
(C) Not more than 35 percent of its total weight shall be composed
of sugar, including naturally occurring and added sugar. This
subparagraph shall not apply to fruit or vegetables that have not
been deep fried.
(D) Not more than 175 calories per individual 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 either 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 on school premises
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. 7. Section 49431.2 of the Education Code is amended to read:
49431.2. (a) Commencing July 1, 2007,
From one-half hour before the start of the schoolday to one-half hour
after the schoolday, snacks sold to a pupil in
middle , junior, school 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.
(b) Commencing July 1, 2007, From
one-half hour before the start of the schoolday to one-half hour
after the schoolday, entrée items sold to a pupil
in middle , junior, school or high
school, except food served as part of a USDA meal program, shall
contain no more than 400 calories per entrée, and shall
contain no more than 4 grams of fat per 100 calories contained in
each entrée , and shall be categorized as entrée items in
the School Breakfast Program or National School Lunch Program
.
(c) A middle , junior, school 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. 8. Section 49431.5 of the Education Code is amended to read:
49431.5. (a) (1) Regardless of the time of day,
From one-half hour before the start of the schoolday
to one-half hour after the schoolday, only the following
beverages may be sold to a pupil at an elementary school:
(A) Fruit-based drinks that are composed of no less than 50
percent fruit juice and have no added sweetener.
(B) Vegetable-based drinks that are composed of no less than 50
percent vegetable juice and have no added sweetener.
(C) Drinking water with no added sweetener.
(D) Two-percent-fat milk, one-percent-fat milk, nonfat milk, soy
milk, rice milk, and other similar nondairy milk.
(2) An elementary school may permit the sale of beverages that do
not comply with paragraph (1) as part of a school fundraising event
in any either of the following
circumstances:
(A) The items are sold by pupils of the school and the
sale of those items takes place off and away from the
premises of the school.
(B) The items are sold by pupils of the school and the
sale of those items takes place on school premises at
least one-half hour or more after the end of
the schoolday.
(3) From one-half hour before the start of the schoolday to
one-half hour after the end of the schoolday, only the following
beverages may be sold to a pupil at a middle or junior
school or high school:
(A) Fruit-based drinks that are composed of no less than 50
percent fruit juice and have no added sweetener.
(B) Vegetable-based drinks that are composed of no less than 50
percent vegetable juice and have no added sweetener.
(C) Drinking water with no added sweetener.
(D) Two-percent-fat milk, one-percent-fat milk, nonfat milk, soy
milk, rice milk, and other similar nondairy milk.
(E) An electrolyte replacement beverage that contains no more than
42 grams of added sweetener per 20-ounce serving.
(4) A middle or junior school or
high school may permit the sale of beverages that do not comply with
paragraph (3) as part of a school event if the sale of those items
meets all either of the following
criteria:
(A) The sale occurs during a school-sponsored event and
takes place at the location of that event at least one-half hour
after the end of the schoolday of those items takes
place off and away from the premises of the school .
(B) Vending machines, pupil stores, and cafeterias are
used later than The sale of those items takes place on
school premises at least one-half hour after the end of the
schoolday.
(5) This subdivision does not prohibit an elementary, or middle or
junior high school from making available through a vending machine
any beverage allowed under paragraph (1) or (3) at any time of day,
or, in middle and junior high schools, any beverage that does not
comply with paragraph (3) if the beverage only is available not later
than one-half hour before the start of the schoolday and not sooner
than one-half hour after the end of the schoolday.
(b) (1) Commencing July 1, 2007, no less than 50 percent of all
beverages sold to a pupil from one-half hour before the start of the
schoolday until one-half hour after the end of the schoolday shall be
those enumerated by paragraph (3).
(2) Commencing July 1, 2009, all beverages sold to a pupil from
one-half hour before the start of the schoolday until one-half hour
after the end of the schoolday shall be those enumerated by paragraph
(3).
(3) Beverages allowed under this subdivision are all of the
following:
(A) Fruit-based drinks that are composed of no less than 50
percent fruit juice and have no added sweetener.
(B) Vegetable-based drinks that are composed of no less than 50
percent vegetable juice and have no added sweetener.
(C) Drinking water with no added sweetener.
(D) Two-percent-fat milk, one-percent-fat milk, nonfat milk, soy
milk, rice milk, and other similar nondairy milk.
(E) An electrolyte replacement beverage that contains no more than
42 grams of added sweetener per 20-ounce serving.
(c) For the purposes of this section, the following terms have the
following meanings:
(1) "Added sweetener" means any additive that enhances the
sweetness of the beverage, including 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.
(2) "Sale of beverages" means the exchange of a beverage for
money, coupons, or vouchers.
(d)
(b) It is the intent of the Legislature that the
governing board of a school district annually review its compliance
with this section.
(e)
(c) Notwithstanding Article 3 (commencing with Section
33050) of Chapter 1 of Part 20 of Division 2 , compliance
with this section may not be waived.
SEC. 9. Section 49431.7 of the Education Code is amended to read:
49431.7. (a) Commencing on July 1, 2009,
From one-half hour before the start of the schoolday to one-half hour
after the end of the schoolday, a school or school district
, through a vending machine or school food service
establishment during school hours and one-half of an hour before and
after school hours, shall not make available
sell to pupils enrolled in kindergarten, or any
of grades 1 to 12, inclusive, food containing artificial trans fat,
as defined in subdivision (b) , or use food containing
artificial trans fat in the preparation of a food item served to
those pupils .
(b) For purposes of this section, a food contains artificial trans
fat if a food contains vegetable shortening, margarine, or any kind
of partially hydrogenated vegetable oil, unless the manufacturer's
documentation or the label required on the food, pursuant to
applicable federal and state law, lists the trans fat content as less
than 0.5 grams of trans fat per serving.
(c) For purposes of this section, "school food service
establishment" means a place that regularly sells or serves a food
item or meal on a school campus.
(d)
(c) This section does shall
not apply to food provided as part of a USDA meal program.
SEC. 10. Section 49432 of the Education Code is amended to read:
49432. By January 1, 2004, every Every
public school may post a summary of nutrition and physical
activity laws and regulations, and shall post the school district's
nutrition and physical activity policies, in public view within all
school cafeterias or other central eating areas. The State
Department of Education department shall develop
the summary of state law and regulations.
SEC. 11. Section 49433 of the Education Code is repealed.
49433. (a) A school district maintaining at least one elementary
or middle school or high school that is participating in the pilot
program pursuant to Section 49433.7 may convene a Child Nutrition and
Physical Activity Advisory Committee that shall develop and
recommend to the governing board of the school district for its
adoption, school district policies on nutrition and physical
activity. The committee shall include, but need not be limited to,
school district governing board members, school administrators, food
service directors, food service staff, parents, pupils, physical and
health education teachers, dietitians, health care professionals, and
interested community members. In developing the policy, the
committee shall hold at least one public hearing.
(b) The policies shall address issues and goals, including, but
not limited to, all of the following:
(1) Implementing the nutritional standards set forth in Section
49431.
(2) Encouraging fundraisers that promote good health habits and
discouraging fundraisers that promote unhealthy foods.
(3) Ensuring that no pupil is hungry.
(4) Improving nutritional standards.
(5) Increasing the availability of fresh fruits and vegetables,
including provisions that encourage schools to make fruits and
vegetables available at all locations where food is sold.
(6) Ensuring, to the extent possible, that the food
served is fresh.
(7) Encouraging eligible pupils to participate in the school lunch
program.
(8) Integrating nutrition and physical activity into the overall
curriculum.
(9) Ensuring regular professional development for food services
staff.
(10) Ensuring pupils a minimum of 30 minutes to eat lunch and 20
minutes to eat breakfast, when provided.
(11) Ensuring pupils engage in healthful levels of vigorous
physical activity.
(12) Ensuring pupils receive nutrition education.
(13) Improving the quality of physical education curricula and
increasing training of physical education teachers.
(14) Enforcing existing physical education requirements.
(15) Altering the economic structures in place to encourage
healthy eating by pupils and reduce dependency on generating profits
for the school from the sale of unhealthy foods.
(16) Developing a financing plan to implement the policies.
(17) Increasing the availability of organic fruits and vegetables
and school gardens.
(18) Collaborating with local farmers' markets.
(c) A school district maintaining at least one elementary or
middle school may apply to the State Department of Education for a
grant to offset the costs of developing and adopting policies
pursuant to this section. The grants shall be one-time grants and
shall be available to applicant school districts by March 1, 2002.
(d) A participating school district shall receive a grant of no
less than four thousand dollars ($4,000) and no more than twenty-five
thousand dollars ($25,000), depending upon the size of the school
district, for the purpose of offsetting the costs of developing the
school district nutrition and physical activity policies.
SEC. 12. Section 49433.5 of the Education Code is repealed.
49433.5. The State Department of Education shall provide
technical support and assistance to school districts in implementing
Section 49433. The technical support and assistance shall include,
but need not be limited to, highlighting model nutrition programs,
disseminating information to assist in the financial management of
the food service programs, identifying fundraising mechanisms for
school food services programs and for pupil activities that encourage
healthy eating habits among pupils, and providing information
regarding the current best practices in school child nutrition
programs.
SEC. 13. Section 49433.7 of the Education Code is repealed.
49433.7. The State Department of Education shall establish a
three-year pilot program in which a total of not less than 10 high
schools, middle schools, or any combination thereof, that apply are
selected to participate. Although the selection process shall be
essentially random, the selection process shall be weighted so that
the pilot program contains participants that, as a group, are
representative of the geographic diversity of the state. The pilot
program shall commence in the fall of the 2002-03 school year.
Participating districts will be eligible to receive a grant pursuant
to subdivision (c) of Section 49433. Districts will be eligible for
an increased reimbursement rate for free and reduced price meals
served at participating high schools as set forth in Section 49430.5.
SEC. 14. Section 49433.9 of the Education Code is repealed.
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, of paragraph (2) of subdivision
(a) of Section 49431.
(c) 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. 15. Section 49434 of the Education Code is amended to read:
49434. (a) The Superintendent may monitor school districts for
compliance with this article as set forth in subdivision (b).
(b) Each school district monitored pursuant to subdivision (a)
shall report to the Superintendent in the coordinated review effort
regarding the extent to which it has complied with this article.
(b) The Superintendent, in the administrative review of a school
district, may report the extent to which the school district has
complied with this article.
(c) A school district that the Superintendent finds to be
noncompliant with the mandatory provisions of this article shall
adopt, and provide to the Superintendent, a corrective action plan
that sets forth the actions to be taken by the school district to
ensure that the school district will be in full compliance, within a
time agreed upon between the Superintendent and the school district
that does not exceed one year.
SEC. 16. Section 49435 of the Education Code is repealed.
49435. The State Department of Education, with advice from the
Child Nutrition Advisory Council, shall design and implement a
financial incentive grant program to help and encourage schools to
implement the school district policies and meet the goals described
in subdivision (b) of Section 49433.
SEC. 17. Section 49436 of the Education Code is repealed.
49436. The department shall monitor the implementation of
Sections 49431, 49433, 49433.5, 49433.7, and 49433.9 and shall report
to the Legislature by May 1, 2005, its evaluation of all of the
following:
(1) The fiscal impact of the policies and standards developed by
school districts.
(2) The effect of this article upon school districts and pupils,
including an assessment of pupil responses and related findings.
(3) Recommendations for improvements or additions.
(4) The resulting changes in food and beverage sales at schools.