BILL NUMBER: AB 626 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 10, 2013
INTRODUCED BY Assembly Members Skinner and Lowenthal
FEBRUARY 20, 2013
An act to amend Sections 8482.3, 35182.5, 38091, 38100,
49430, 49431, 49431.2, 49431.5, 49431.7, 49432, and 49434
and 49432 of, and to repeal
Sections 38092, 38102, 49433, 49433.5, 49433.7, 49433.9,
49435, and 49436 of, and to repeal and add Section 49434 of,
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 law 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 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
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, 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
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 entr�e items sold to a pupil in
middle, junior, or high school to meet specified nutritional
standards, and requires entr�e items to also be categorized as entr�e
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
entr�es 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 entr�e items be
categorized as entr�e 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. Existing law requires a school district found to
be noncompliant with certain provisions of that act to adopt a
corrective action plan, as specified.
This bill would authorize the Superintendent, in the
administrative review of a school district, to report the extent of
the school district's compliance 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 specified .
(11) This bill would also make conforming and
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 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 35182.5 of the
Education Code is amended to read:
35182.5. (a) The Legislature finds and declares all of the
following:
(1) State and federal laws require all schools participating in
meal programs to provide nutritious food and beverages to pupils.
(2) State and federal laws restrict the sale of food and beverages
in competition with meal programs to enhance the nutritional goals
for pupils, and to protect the fiscal and nutritional integrity of
the school food service programs.
(3) Parents, pupils, and community members should have the
opportunity to ensure, through the review of food and beverage
contracts, that food and beverages sold on school campuses provide
nutritious sustenance to pupils, promote good health, help pupils
learn, provide energy, and model fit living for life.
(b) For the purposes of this section, the
following terms have the following meanings:
(1) "Nonnutritious beverages" means any beverage that is not any
of the following:
(A) Drinking water.
(B) Milk, including, but not limited to, chocolate milk, soy milk,
rice milk, and other similar dairy or nondairy milk.
(C) An electrolyte replacement beverage that contains 42 grams or
less of added sweetener per 20 ounce serving.
(D) A 100 percent fruit juice, or fruit-based drink that is
composed of 50 percent or more fruit juice and that has no added
sweeteners.
(2) "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 any fruit juice that is a component of the beverage.
(3) "Nonnutritious food" means food that is not sold as part of
the school breakfast or lunch program as a full meal, and that meets
any of the following standards:
(A) More than 35 percent of its total calories are from fat.
(B) More than 10 percent of its total calories are from saturated
fat.
(C) More than 35 percent of its total weight is composed of sugar.
This subparagraph does not apply to the sale of fruits or
vegetables.
(c) The governing board of a school district may
shall not do any of the following:
(1) Enter into or renew a contract or permit a school within the
district to enter into or renew a contract that grants exclusive or
nonexclusive advertising or grants the right to the exclusive or
nonexclusive sale of carbonated beverages or nonnutritious beverages
or nonnutritious food within the district to a person, business, or
corporation, unless the governing board of the school district does
all of the following:
(A) Adopts a policy after a public hearing of the governing board
to ensure that the district has internal controls in place to protect
the integrity of the public funds and to ensure that funds raised
benefit public education, and that the contracts are entered into on
a competitive basis pursuant to procedures contained in Section 20111
of the Public Contract Code or through the issuance of a Request for
Proposal.
(B) Provides to parents, guardians, pupils, and members of the
public the opportunity to comment on the contract by holding a public
hearing on the contract during a regularly scheduled board meeting.
The governing board shall clearly, and in a manner recognizable to
the general public, identify in the agenda the contract to be
discussed at the meeting.
(2) Enter into a contract that prohibits a school district
employee from disparaging the goods or services of the party
contracting with the school governing
board.
(3) Enter into a contract or permit a school within the district
to enter into a contract for electronic products or services that
requires the dissemination of advertising to pupils, unless the
governing board of the school district does all of the following:
(A) Enters into the contract at a noticed public hearing of the
governing board.
(B) Makes a finding that the electronic product or service in
question is or would be an integral component of the education of
pupils.
(C) Makes a finding that the school district cannot afford to
provide the electronic product or service unless it contracts to
permit dissemination of advertising to pupils.
(D) Provides written notice to the parents or guardians of pupils
that the advertising will be used in the classroom or other learning
centers. This notice shall be part of the district's normal ongoing
communication to parents or guardians.
(E) Offers the parents the opportunity to request in writing that
the pupil not be exposed to the program that contains the
advertising. Any request shall be honored for the school year in
which it is submitted, or longer if specified, but may be withdrawn
by the parents or guardians at any time.
(d) A governing board may meet the public hearing requirement set
forth in subparagraph (B) of paragraph (1) of subdivision (c) for
those contracts that grant the right to the exclusive or nonexclusive
sale of carbonated beverages or nonnutritious beverages or
nonnutritious food within the district, by either of the
following:
(1) Review of the contract at a public hearing by a Child
Nutrition and Physical Activity Advisory Committee established
pursuant to Section 49433 that has contract review authority for the
sale of food and beverages.
(2) (A)
An an annual public
hearing to review and discuss existing and potential contracts for
the sale of food and beverages on campuses, including food and
beverages sold as full meals, through competitive sales, as
fundraisers, and through vending machines.
(B)
(1) The public hearing shall include, but not be
limited to, a discussion of all of the following:
(i)
(A) The nutritional value of food and beverages sold
within the district.
(ii)
(B) The availability of fresh fruit, vegetables, and
grains in school meals and snacks, including, but not limited to,
locally grown and organic produce.
(iii)
(C) The amount of fat, sugar, and additives in the food
and beverages discussed.
(iv)
(D) Barriers to pupil participation in school breakfast
and lunch programs.
(C)
(2) A school district that holds an annual public
hearing consistent with this paragraph
subdivision is not released from the public hearing
requirements set forth in subparagraph (B) of paragraph (1) of
subdivision (c) for those contracts not discussed at the annual
public hearing.
(e) The governing board of the school district shall make
accessible to the public any contract entered into pursuant to
paragraph (1) of subdivision (c) and may not include in that contract
a confidentiality clause that would prevent a school or school
district from making any part of the contract public.
(f) The governing board of a school district may sell advertising,
products, or services on a nonexclusive basis.
(g) The governing board of a school district may post public signs
indicating the district's appreciation for the support of a person
or business for the district's education program.
(h) Contracts entered into prior to before
January 1, 2004, may remain in effect, but may not be renewed
if they are in conflict with this section.
SEC. 2. SEC. 3. 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, vending machines and their installation and
housing, and computer equipment and related software.
SEC. 4. Section 38092 of the Education
Code is repealed.
38092. The governing board of any school district with an average
daily attendance of over 100,000 may allow as an expenditure from
the cafeteria fund or account a share of money agreed upon pursuant
to a contract, which is generated from the joint sale of items
between the cafeteria and an associated student body student store.
The expenditure must result from an agreement entered into by the
cafeteria and the associated student body in which pupils will
participate in the operation of the store.
SEC. 3. SEC. 5. Section 38100 of the
Education Code is amended to read:
38100. (a) The cost of providing adequate housing 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
cafeteria equipment and vending machines and their installation and
housing, a charge against the funds 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, the governing board of the school district may at
any time 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 one, or both, 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.
(b) The governing board of a school district may by resolution
make the cost of maintenance of the 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 provided that
the school district complies with all applicable state and federal
laws and regulations.
SEC. 4. SEC. 6. Section 38102 of the
Education Code is repealed.
SEC. 5. SEC. 7. 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 school operated and maintained by
a school district, charter school, district
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 school operated and maintained by a
school district, charter school, district
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 school operated and maintained by a
school district, charter school, district
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, vouchers, or order forms, when any part of the exchange
occurs on a school campus.
(g) "Entr�e" 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. SEC. 8. Section 49431 of the
Education Code is amended to read:
49431. (a) (1) 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 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 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 either 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.
(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. SEC. 9. Section 49431.2 of
the Education Code is amended to read:
49431.2. (a) From one-half hour before the start of the schoolday
to one-half hour after the schoolday, snacks sold to a pupil in
middle 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) From one-half hour before the start of the schoolday to
one-half hour after the schoolday, entr�e items sold to a pupil in
middle school or high school, except food served as part of a USDA
meal program, shall contain no more than 400 calories per entr�e, and
shall contain no more than 4 grams of fat per 100 calories contained
in each entr�e.
(c) A middle 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.
(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. SEC. 10. Section 49431.5 of
the Education Code is amended to read:
49431.5. (a) (1) 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 either of the following circumstances:
(A) The sale of those items takes place off and away from the
premises of the school.
(B) The sale of those items takes place on school premises at
least one-half hour 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 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 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 either of the following
criteria:
(A) The sale of those items takes place off and away from the
premises of the school.
(B) The sale of those items takes place on school premises at
least one-half hour after the end of the schoolday.
(b) It is the intent of the Legislature that the governing board
of a school district annually review its compliance with this
section.
(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. SEC. 11. Section 49431.7 of
the Education Code is amended to read:
49431.7. (a) 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 shall not sell to pupils enrolled in kindergarten, or any of
grades 1 to 12, inclusive, food containing artificial trans fat, as
defined in subdivision (b).
(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) This section shall not apply to food provided as part of a
USDA meal program.
SEC. 10. SEC. 12. Section 49432 of
the Education Code is amended to read:
49432. 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
department shall develop the summary of state law and regulations.
SEC. 11. SEC. 13. Section 49433 of
the Education Code is repealed.
SEC. 12. SEC. 14. Section 49433.5 of
the Education Code is repealed.
SEC. 13. SEC. 15. Section 49433.7 of
the Education Code is repealed.
SEC. 14. SEC. 16. Section 49433.9 of
the Education Code is repealed.
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) 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. 17.
Section 49434 of the Education Code is
repealed.
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.
(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. 18. Section 49434 is added to the Education Code,
to read:
49434. Compliance with this article shall be monitored by the
department in conformity with the United States Department of
Agriculture's administrative review process, as published in the
Federal Register, Volume 77, Number 17, on January 26, 2012.
SEC. 16. SEC. 19. Section 49435 of
the Education Code is repealed.
SEC. 17. SEC. 20. Section 49436 of
the Education Code is repealed.