Amended in Assembly April 10, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 626


Introduced by Assembly Members Skinner and Lowenthal

February 20, 2013


An act to amend Sections 8482.3,begin insert 35182.5,end insert 38091, 38100, 49430, 49431, 49431.2, 49431.5, 49431.7,begin delete 49432, and 49434end deletebegin insert and 49432end insert of,begin delete andend delete to repeal Sectionsbegin insert 38092, end insert38102, 49433, 49433.5, 49433.7, 49433.9, 49435, and 49436 of,begin insert and to repeal and add Section 49434 of,end insert the Education Code, relating to school nutrition.

LEGISLATIVE COUNSEL’S DIGEST

AB 626, as amended, 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 lawbegin insert authorizes the governing board of any school district with an average daily attendance of over 100,000 to allow as an expenditure from its cafeteria fund a share of money, agreed upon pursuant to a contract, that is generated from the joint sale of items between the cafeteria and an associated student body store. Existing lawend insert 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 processingbegin delete plantend deletebegin insert plant, to allow as an expenditure from that fund a share of money generated from the joint sale of items between the cafeteria and an associated student body store,end insert 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 schoolbegin delete premisesend deletebegin insert premises,end insert 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.begin insert Existing law requires a school district found to be noncompliant with certain provisions of that act to adopt a corrective action plan, as specified.end insert

This bill wouldbegin delete authorize the Superintendent, in the administrative review of a school district, to report the extent of the school district’s complianceend deletebegin insert repeal those provisions and require that compliance with the act be monitored by the State Department of Education in conformity with the USDA’s administrative review process, as specifiedend insert.

(11) This bill would also makebegin insert conforming andend insert 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:

P6    1

SECTION 1.  

Section 8482.3 of the Education Code is amended
2to read:

3

8482.3.  

(a) The After School Education and Safety Program
4shall be established to serve pupils in kindergarten and grades 1
5to 9, inclusive, at participating public elementary, middle, junior
6high, and charter schools.

7(b) A program may operate a before school component of a
8program, an after school component, or both the before and after
9school components of a program, on one or multiple schoolsites.
10If a program operates at multiple schoolsites, only one application
11shall be required for its establishment.

12(c) Each component of a program established pursuant to this
13article shall consist of the following two elements:

14(1) An educational and literacy element in which tutoring or
15homework assistance is provided in one or more of the following
16areas: language arts, mathematics, history and social science,
17computer training, or science.

18(2) An educational enrichment element, that may include, but
19need not be limited to, fine arts, career technical education,
20recreation, physical fitness, and prevention activities.

21(3) Notwithstanding any other provision of this article, the
22majority of the time spent by a pupil who is in kindergarten or any
23of grades 1 to 9, inclusive, and who is participating in a career
24technical education element of a program established pursuant to
25this article shall be at a site that complies with Section 8484.6.

26(d) Applicants shall agree that snacks or meals made available
27through a program shall conform to the nutrition standards in
28Article 2.5 (commencing with Section 49430) of Chapter 9 of Part
2927 of Division 4 of Title 2.

30(e) Applicants for programs established pursuant to this article
31may include any of the following:

32(1) A local educational agency, including, but not limited to, a
33charter school, the California School for the Deaf (northern
34California), the California School for the Deaf (southern
35California), and the California School for the Blind.

36(2) A city, county, or nonprofit organization in partnership with,
37and with the approval of, a local educational agency or agencies.

P7    1(f) Applicants for grants pursuant to this article shall ensure that
2each of the following requirements is fulfilled, if applicable:

3(1) The application documents the commitments of each partner
4to operate a program on that site or sites.

5(2) The application has been approved by the school district, or
6the charter school governing board, and the principal of each
7participating school for each schoolsite or other site.

8(3) Each partner in the application agrees to share responsibility
9for the quality of the program.

10(4) The application designates the public agency or local
11educational agency partner to act as the fiscal agent. For purposes
12of this section, “public agency” means only a county board of
13supervisors or if the city is incorporated or has a charter, a city
14council.

15(5) Applicants agree to follow all fiscal reporting and auditing
16standards required by the department.

17(6) Applicants agree to incorporate into the program both of the
18elements required pursuant to subdivision (c).

19(7) Applicants agree to provide information to the department
20for the purpose of program evaluation pursuant to Section 8483.55.

21(8) Applicants shall certify that program evaluations will be
22based upon Section 8484 and upon any requirements recommended
23by the Advisory Committee on Before and After School Programs
24and adopted by the state board, in compliance with subdivision
25(g) of Section 8482.4.

26(9) The application states the targeted number of pupils to be
27served by the program.

28(10) Applicants agree to provide the following information on
29participating pupils to the department:

30(A) Schoolday attendance rates.

31(B) Pupil test scores from the Standardized Testing and
32Reporting Program established under Section 60640, reflecting
33achievement in the areas addressed by required program elements,
34if assessments have been established in that area.

35(C) Program attendance.

36(g) (1) Grantees shall review their after school program plans
37every threebegin delete yearsend deletebegin insert years,end insert including, but not limited to, all of the
38following:

P8    1(A) Program goals. A grantee may specify any new program
2goals that will apply to the following three years during the grant
3renewal process.

4(B) Program content, including the elements identified in
5subdivision (c).

6(C) Outcome measures selected from those identified in
7subdivision (a) of Section 8484 that the grantee will use for the
8next three years.

9(D) Any other information requested by the department.

10(E) If the program goals or outcome measures change as a result
11of this review, the grantee shall notify the department in a manner
12prescribed by the department.

13(F) The grantee shall maintain documentation of the after school
14program plan for a minimum of five years.

15(2) The department shall monitor this review as part of its onsite
16monitoring process.

17begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 35182.5 of the end insertbegin insertEducation Codeend insertbegin insert is amended to
18read:end insert

19

35182.5.  

(a) The Legislature finds and declares all of the
20following:

21(1) State and federal laws require all schools participating in
22meal programs to provide nutritious food and beverages to pupils.

23(2) State and federal laws restrict the sale of food and beverages
24in competition with meal programs to enhance the nutritional goals
25for pupils, and to protect the fiscal and nutritional integrity of the
26school food service programs.

27(3) Parents, pupils, and community members should have the
28opportunity to ensure, through the review of food and beverage
29contracts, that food and beverages sold on school campuses provide
30nutritious sustenance to pupils, promote good health, help pupils
31learn, provide energy, and model fit living for life.

32(b) Forbegin delete theend delete purposes of this section, the following terms have
33the following meanings:

34(1) “Nonnutritious beverages” means any beverage that is not
35any of the following:

36(A) Drinking water.

37(B) Milk, including, but not limited to, chocolate milk, soy milk,
38rice milk, and other similar dairy or nondairy milk.

39(C) An electrolyte replacement beverage that contains 42 grams
40or less of added sweetener per 20 ounce serving.

P9    1(D) A 100 percent fruit juice, or fruit-based drink that is
2composed of 50 percent or more fruit juice and that has no added
3sweeteners.

4(2) “Added sweetener” means any additive that enhances the
5sweetness of the beverage, including, but not limited to, added
6sugar, but does not include the natural sugar or sugars that are
7contained within any fruit juice that is a component of the beverage.

8(3) “Nonnutritious food” means food that is not sold as part of
9the school breakfast or lunch program as a full meal, and that meets
10any of the following standards:

11(A) More than 35 percent of its total calories are from fat.

12(B) More than 10 percent of its total calories are from saturated
13fat.

14(C) More than 35 percent of its total weight is composed of
15sugar. This subparagraph does not apply to the sale of fruits or
16vegetables.

17(c) The governing board of a school districtbegin delete mayend deletebegin insert shallend insert not do
18any of the following:

19(1) Enter into or renew a contract or permit a school within the
20district to enter into or renew a contract that grants exclusive or
21nonexclusive advertising or grants the right to the exclusive or
22nonexclusive sale of carbonated beverages or nonnutritious
23beverages or nonnutritious food within the district to a person,
24business, or corporation, unless the governing board of the school
25district does all of the following:

26(A) Adopts a policy after a public hearing of the governing
27board to ensure that the district has internal controls in place to
28protect the integrity of the public funds and to ensure that funds
29raised benefit public education, and that the contracts are entered
30into on a competitive basis pursuant to procedures contained in
31Section 20111 of the Public Contract Code or through the issuance
32of a Request for Proposal.

33(B) Provides to parents, guardians, pupils, and members of the
34public the opportunity to comment on the contract by holding a
35public hearing on the contract during a regularly scheduled board
36meeting. The governing board shall clearly, and in a manner
37recognizable to the general public, identify in the agenda the
38contract to be discussed at the meeting.

P10   1(2) Enter into a contract that prohibits a school district employee
2from disparaging the goods or services of the party contracting
3with thebegin delete schoolend deletebegin insert governingend insert board.

4(3) Enter into a contract or permit a school within the district
5to enter into a contract for electronic products or services that
6requires the dissemination of advertising to pupils, unless the
7governing board of the school district does all of the following:

8(A) Enters into the contract at a noticed public hearing of the
9governing board.

10(B) Makes a finding that the electronic product or service in
11question is or would be an integral component of the education of
12pupils.

13(C) Makes a finding that the school district cannot afford to
14provide the electronic product or service unless it contracts to
15permit dissemination of advertising to pupils.

16(D) Provides written notice to the parents or guardians of pupils
17that the advertising will be used in the classroom or other learning
18centers. This notice shall be part of the district’s normal ongoing
19communication to parents or guardians.

20(E) Offers the parents the opportunity to request in writing that
21the pupil not be exposed to the program that contains the
22advertising. Any request shall be honored for the school year in
23which it is submitted, or longer if specified, but may be withdrawn
24by the parents or guardians at any time.

25(d) A governing board may meet the public hearing requirement
26set forth in subparagraph (B) of paragraph (1) of subdivision (c)
27for those contracts that grant the right to the exclusive or
28nonexclusive sale of carbonated beverages or nonnutritious
29beverages or nonnutritious food within the district, bybegin delete either of
30the following:end delete

begin delete

31(1) Review of the contract at a public hearing by a Child
32Nutrition and Physical Activity Advisory Committee established
33pursuant to Section 49433 that has contract review authority for
34the sale of food and beverages.

end delete

35begin delete(2)end deletebegin deleteend deletebegin delete(A)end deletebegin deleteend deletebegin deleteAnend deletebegin insert anend insert annual public hearing to review and discuss
36existing and potential contracts for the sale of food and beverages
37on campuses, including food and beverages sold as full meals,
38through competitive sales, as fundraisers, and through vending
39machines.

begin delete

40(B)

end delete

P11   1begin insert(1)end insert The public hearing shall include, but not be limited to, a
2discussion of all of the following:

begin delete

3(i)

end delete

4begin insert(A)end insert The nutritional value of food and beverages sold within the
5district.

begin delete

6(ii)

end delete

7begin insert(B)end insert The availability of fresh fruit, vegetables, and grains in
8school meals and snacks, including, but not limited to, locally
9grown and organic produce.

begin delete

10(iii)

end delete

11begin insert(C)end insert The amount of fat, sugar, and additives in the food and
12beverages discussed.

begin delete

13(iv)

end delete

14begin insert(D)end insert Barriers to pupil participation in school breakfast and lunch
15programs.

begin delete

16(C)

end delete

17begin insert(2)end insert A school district that holds an annual public hearing
18consistent with thisbegin delete paragraphend deletebegin insert subdivisionend insert is not released from the
19public hearing requirements set forth in subparagraph (B) of
20paragraph (1) of subdivision (c) for those contracts not discussed
21at the annual public hearing.

22(e) The governing board of the school district shall make
23accessible to the public any contract entered into pursuant to
24paragraph (1) of subdivision (c) and may not include in that
25contract a confidentiality clause that would prevent a school or
26school district from making any part of the contract public.

27(f) The governing board of a school district may sell advertising,
28products, or services on a nonexclusive basis.

29(g) The governing board of a school district may post public
30signs indicating the district’s appreciation for the support of a
31person or business for the district’s education program.

32(h) Contracts entered intobegin delete prior toend deletebegin insert beforeend insert January 1, 2004, may
33remain in effect, but may not be renewed if they are in conflict
34with this section.

35

begin deleteSEC. 2.end delete
36begin insertSEC. 3.end insert  

Section 38091 of the Education Code is amended to
37read:

38

38091.  

The cafeteria fund shall be used only for those
39expenditures authorized by the governing board of a school district
40as necessary for the operation of school cafeterias, including, but
P12   1not limited to, expenditures for the lease or purchase of additional
2cafeteria equipment, vending machines and their installation and
3housing, and computer equipment and related software.

4begin insert

begin insertSEC. 4.end insert  

end insert

begin insertSection 38092 of the end insertbegin insertEducation Codeend insertbegin insert is repealed.end insert

begin delete
5

38092.  

The governing board of any school district with an
6average daily attendance of over 100,000 may allow as an
7expenditure from the cafeteria fund or account a share of money
8agreed upon pursuant to a contract, which is generated from the
9joint sale of items between the cafeteria and an associated student
10body student store. The expenditure must result from an agreement
11entered into by the cafeteria and the associated student body in
12which pupils will participate in the operation of the store.

end delete
13

begin deleteSEC. 3.end delete
14begin insertSEC. 5.end insert  

Section 38100 of the Education Code is amended to
15read:

16

38100.  

(a) The cost of providing adequate housing for
17cafeterias, including, but not limited to, kitchen facilities, is a
18charge against the funds of the school district. The cost of the lease
19or purchase of cafeteria equipment and of vending machines and
20their installation and housing shall be a charge against cafeteria
21funds, in accordance with Section 38091. However, when the
22governing board of a school district deems it necessary, the
23governing board of a school district may make the cost of the lease
24or purchase of cafeteria equipment and vending machines and their
25installation and housing, a charge against the funds of the school
26district. If school district funds are expended for the lease or
27 purchase of cafeteria equipment or for the lease, purchase,
28installation, or housing of vending machines, the governing board
29of the school district may at any time during the same fiscal year
30after the expenditure reimburse school district funds from cafeteria
31funds. The governing board of a school district shall only approve
32reimbursement for vending machines ifbegin delete at least oneend deletebegin insert one, or both,end insert
33 of the following apply:

34(1) The vending machines are owned and operated by the school
35food services department, sell meals that qualify for federal meal
36program reimbursement, and are equipped with appropriate point
37of service meal counting software.

38(2) The vending machines sell food and beverages that comply
39with state and federal competitive food laws and regulations.

P13   1(b) The governing board of a school district may by resolution
2make the cost of maintenance of the kitchen facilities, the cost of
3replacement kitchen equipment, and the reasonable costs of
4providing drinking water in the cafeteria, and garbage disposal
5related to food service and delivery a charge against cafeteria funds
6provided that the school district complies with all applicable state
7and federal laws and regulations.

8

begin deleteSEC. 4.end delete
9begin insertSEC. 6.end insert  

Section 38102 of the Education Code is repealed.

10

begin deleteSEC. 5.end delete
11begin insertSEC. 7.end insert  

Section 49430 of the Education Code is amended to
12read:

13

49430.  

As used in this article, the following terms have the
14following meanings:

15(a) “Elementary school” means a school operated and maintained
16by a schoolbegin delete district, charter school,end deletebegin insert districtend insert or county office of
17education that maintains any grade from kindergarten to grade 6,
18inclusive, but no grade higher than grade 6.

19(b) “Middle school” means a school operated and maintained
20by a schoolbegin delete district, charter school,end deletebegin insert districtend insert or county office of
21education that maintains grade 7 or 8, 7 to 9, inclusive, or 7 to 10,
22inclusive.

23(c) “High school” means a school operated and maintained by
24a schoolbegin delete district, charter school,end deletebegin insert districtend insert or county office of
25education maintaining any of grades 9 to 12, inclusive.

26(d) “Full meal” means a combination of food items that meet
27USDA-approved School Breakfast Program or National School
28Lunch Program meal pattern requirements or the menu planning
29options of Shaping Health as Partners in Education developed by
30the state (SHAPE California network).

31(e) “Added sweetener” means an additive other than 100 percent
32fruit juice that enhances the sweetness of a beverage.

33(f) “Sold” means the exchange of food or beverages for money,
34coupons, vouchers, or order forms, when any part of the exchange
35occurs on a school campus.

36(g) “Entrée” means a food that is generally regarded as being
37the primary food in a meal, and shall include, but not be limited
38to, sandwiches, burritos, pasta, and pizza.

39(h) “Snack” means a food that is generally regarded as
40supplementing a meal, including, but not limited to, chips, crackers,
P14   1onion rings, nachos, french fries, donuts, cookies, pastries,
2cinnamon rolls, and candy.

3(i) “Deep fried” means a food item is cooked by total submersion
4in oil or fat.

5(j) “Par fried” means a food item is fried to reach an internal
6temperature of 160 degrees Fahrenheit then is cooled to room
7temperature so that it may be refrigerated or frozen for future
8frying.

9(k) “Flash fried” means a food item is quickly fried on both
10sides in oil with a temperature of 400 degrees Fahrenheit or higher.

11

begin deleteSEC. 6.end delete
12begin insertSEC. 8.end insert  

Section 49431 of the Education Code is amended to
13read:

14

49431.  

(a) (1) From one-half hour before the start of the
15schoolday to one-half hour after the schoolday, at each elementary
16school, the only food that may be sold to a pupil are full meals,
17individually sold dairy or whole grain foods, and individually sold
18portions of nuts, nut butters, seeds, eggs, cheese packaged for
19individual sale, fruit, vegetables that have not been deep fried, and
20legumes.

21(2) An individually sold dairy or whole grain food item, and
22individually sold portions of nuts, nut butters, seeds, eggs, cheese
23packaged for individual sale, fruit, vegetables that have not been
24deep fried, and legumes may be sold to pupils at an elementary
25school, except food sold as part of a USDA meal program, if they
26meet all of the following standards:

27(A) Not more than 35 percent of its total calories shall be from
28fat. This subparagraph shall not apply to individually sold portions
29of nuts, nut butters, seeds, eggs, cheese packaged for individual
30sale, fruit, vegetables that have not been deep fried, or legumes.

31(B) Not more than 10 percent of its total calories shall be from
32saturated fat. This subparagraph shall not apply to eggs or cheese
33packaged for individual sale.

34(C) Not more than 35 percent of its total weight shall be
35composed of sugar, including naturally occurring and added sugar.
36This subparagraph shall not apply to fruit or vegetables that have
37not been deep fried.

38(D) Not more than 175 calories per individual food item.

P15   1(b) An elementary school may permit the sale of food items that
2do not comply with subdivision (a) as part of a school fundraising
3event in either of the following circumstances:

4(1) The sale of those items takes place off of and away from
5school premises.

6(2) The sale of those items takes place on school premises at
7least one-half hour after the end of the schoolday.

8(c) It is the intent of the Legislature that the governing board of
9a school district annually review its compliance with the nutrition
10standards described in this section and Section 49431.5.

11

begin deleteSEC. 7.end delete
12begin insertSEC. 9.end insert  

Section 49431.2 of the Education Code is amended to
13read:

14

49431.2.  

(a) From one-half hour before the start of the
15schoolday to one-half hour after the schoolday, snacks sold to a
16pupil in middle school or high school, except food served as part
17of a USDA meal program, shall meet all of the following standards:

18(1) Not more than 35 percent of its total calories shall be from
19fat. This paragraph does not apply to the sale of nuts, nut butters,
20seeds, eggs, cheese packaged for individual sale, fruits, vegetables
21that have not been deep fried, or legumes.

22(2) Not more than 10 percent of its total calories shall be from
23saturated fat. This subparagraph does not apply to eggs or cheese
24packaged for individual sale.

25(3) Not more than 35 percent of its total weight shall be
26composed of sugar, including naturally occurring and added sugars.
27This paragraph does not apply to the sale of fruits or vegetables
28that have not been deep fried.

29(4) No more than 250 calories per individual food item.

30(b) From one-half hour before the start of the schoolday to
31one-half hour after the schoolday, entrée items sold to a pupil in
32middle school or high school, except food served as part of a
33USDA meal program, shall contain no more than 400 calories per
34entrée, and shall contain no more than 4 grams of fat per 100
35calories contained in each entrée.

36(c) A middle school or high school may permit the sale of food
37items that do not comply with subdivision (a) or (b) in any of the
38following circumstances:

39(1) The sale of those items takes place off of and away from
40school premises.

P16   1(2) The sale of those items takes place on school premises at
2least one-half hour after the end of the schoolday.

3(d) It is the intent of the Legislature that the governing board
4of a school district annually review its compliance with the
5nutrition standards described in this section.

6

begin deleteSEC. 8.end delete
7begin insertSEC. 10.end insert  

Section 49431.5 of the Education Code is amended
8to read:

9

49431.5.  

(a) (1) From one-half hour before the start of the
10schoolday to one-half hour after the schoolday, only the following
11beverages may be sold to a pupil at an elementary school:

12(A) Fruit-based drinks that are composed of no less than 50
13percent fruit juice and have no added sweetener.

14(B) Vegetable-based drinks that are composed of no less than
1550 percent vegetable juice and have no added sweetener.

16(C) Drinking water with no added sweetener.

17(D) Two-percent-fat milk, one-percent-fat milk, nonfat milk,
18soy milk, rice milk, and other similar nondairy milk.

19(2) An elementary school may permit the sale of beverages that
20do not comply with paragraph (1) as part of a school fundraising
21event in either of the following circumstances:

22(A) The sale of those items takes place off and away from the
23premises of the school.

24(B) The sale of those items takes place on school premises at
25least one-half hour after the end of the schoolday.

26(3) From one-half hour before the start of the schoolday to
27one-half hour after the end of the schoolday, only the following
28beverages may be sold to a pupil at a middle school or high school:

29(A) Fruit-based drinks that are composed of no less than 50
30percent fruit juice and have no added sweetener.

31(B) Vegetable-based drinks that are composed of no less than
3250 percent vegetable juice and have no added sweetener.

33(C) Drinking water with no added sweetener.

34(D) Two-percent-fat milk, one-percent-fat milk, nonfat milk,
35soy milk, rice milk, and other similar nondairy milk.

36(E) An electrolyte replacement beverage that contains no more
37than 42 grams of added sweetener per 20-ounce serving.

38(4) A middle school or high school may permit the sale of
39beverages that do not comply with paragraph (3) as part of a school
P17   1event if the sale of those items meets either of the following
2criteria:

3(A) The sale of those items takes place off and away from the
4premises of the school.

5(B) The sale of those items takes place on school premises at
6least one-half hour after the end of the schoolday.

7(b) It is the intent of the Legislature that the governing board
8of a school district annually review its compliance with this section.

9(c) Notwithstanding Article 3 (commencing with Section 33050)
10of Chapter 1 of Part 20 of Division 2, compliance with this section
11may not be waived.

12

begin deleteSEC. 9.end delete
13begin insertSEC. 11.end insert  

Section 49431.7 of the Education Code is amended
14to read:

15

49431.7.  

(a) From one-half hour before the start of the
16schoolday to one-half hour after the end of the schoolday, a school
17or school district shall not sell to pupils enrolled in kindergarten,
18or any of grades 1 to 12, inclusive, food containing artificial trans
19fat, as defined in subdivision (b).

20(b) For purposes of this section, a food contains artificial trans
21fat if a food contains vegetable shortening, margarine, or any kind
22of partially hydrogenated vegetable oil, unless the manufacturer’s
23documentation or the label required on the food, pursuant to
24applicable federal and state law, lists the trans fat content as less
25than 0.5 grams of trans fat per serving.

26(c) This section shall not apply to food provided as part of a
27USDA meal program.

28

begin deleteSEC. 10.end delete
29begin insertSEC. 12.end insert  

Section 49432 of the Education Code is amended to
30read:

31

49432.  

Every public school may post a summary of nutrition
32and physical activity laws and regulations, and shall post the school
33district’s nutrition and physical activity policies, in public view
34within all school cafeterias or other central eating areas. The
35department shall develop the summary of state law and regulations.

36

begin deleteSEC. 11.end delete
37begin insertSEC. 13.end insert  

Section 49433 of the Education Code is repealed.

38

begin deleteSEC. 12.end delete
39begin insertSEC. 14.end insert  

Section 49433.5 of the Education Code is repealed.

P18   1

begin deleteSEC. 13.end delete
2begin insertSEC. 15.end insert  

Section 49433.7 of the Education Code is repealed.

3

begin deleteSEC. 14.end delete
4begin insertSEC. 16.end insert  

Section 49433.9 of the Education Code is repealed.

begin delete
5

SEC. 15.  

Section 49434 of the Education Code is amended to
6read:

7

49434.  

(a) The Superintendent may monitor school districts
8for compliance with this article as set forth in subdivision (b).

9(b) The Superintendent, in the administrative review of a school
10district, may report the extent to which the school district has
11complied with this article.

12(c) A school district that the Superintendent finds to be
13noncompliant with the mandatory provisions of this article shall
14adopt, and provide to the Superintendent, a corrective action plan
15that sets forth the actions to be taken by the school district to ensure
16that the school district will be in full compliance, within a time
17agreed upon between the Superintendent and the school district
18that does not exceed one year.

end delete
19begin insert

begin insertSEC. 17.end insert  

end insert

begin insertSection 49434 of the end insertbegin insertEducation Codeend insertbegin insert is repealed.end insert

begin delete
20

49434.  

(a) The Superintendent may monitor school districts
21for compliance with this article as set forth in subdivision (b).

22(b) Each school district monitored pursuant to subdivision (a)
23shall report to the Superintendent in the coordinated review effort
24regarding the extent to which it has complied with this article.

25(c) A school district that the Superintendent finds to be
26noncompliant with the mandatory provisions of this article shall
27adopt, and provide to the Superintendent, a corrective action plan
28that sets forth the actions to be taken by the school district to ensure
29that the school district will be in full compliance, within a time
30agreed upon between the Superintendent and the school district
31that does not exceed one year.

end delete
begin insert32

begin insertSEC. 18.end insert  

Section 49434 is added to the Education Code, to
33read:

34

begin insert49434.end insert  

Compliance with this article shall be monitored by the
35department in conformity with the United States Department of
36Agriculture’s administrative review process, as published in the
37Federal Register, Volume 77, Number 17, on January 26, 2012.

end insert
38

begin deleteSEC. 16.end delete
39begin insertSEC. 19.end insert  

Section 49435 of the Education Code is repealed.

P19   1

begin deleteSEC. 17.end delete
2begin insertSEC. 20.end insert  

Section 49436 of the Education Code is repealed.



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