Amended in Assembly April 23, 2013

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, 35182.5, 38091, 38100, 49430, 49431, 49431.2, 49431.5, 49431.7, and 49432 of, 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 tobegin delete the sameend delete specifiedbegin insert federalend insert 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, 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.begin insert The bill would require the governing board of a school district to only approve reimbursement for vending machines if specified conditions apply.end insert

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 replacementbegin insert or maintenance ofend insert 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. 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 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:

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) begin insert(1)end insertbegin insertend insertApplicants shall agree that snacksbegin delete or mealsend delete made
27available through a program shall conform to the nutrition
28standards in Article 2.5 (commencing with Section 49430) of
29Chapter 9 of Part 27 of Division 4 of Title 2.

begin insert

30(2) Applicants shall agree that meals made available through
31a program shall conform to the nutrition standards of the United
32States Department of Agriculture’s at-risk afterschool meal
33component of the Child and Adult Care Food Program (42 U.S.C.
34Sec. 1766) or the National School Lunch Program (42 U.S.C. Sec.
351751 et seq.).

end insert

P7    1(e) Applicants for programs established pursuant to this article
2may include any of the following:

3(1) A local educational agency, including, but not limited to, a
4charter school, the California School for the Deaf (northern
5California), the California School for the Deaf (southern
6California), and the California School for the Blind.

7(2) A city, county, or nonprofit organization in partnership with,
8and with the approval of, a local educational agency or agencies.

9(f) Applicants for grants pursuant to this article shall ensure that
10each of the following requirements is fulfilled, if applicable:

11(1) The application documents the commitments of each partner
12to operate a program on that site or sites.

13(2) The application has been approved by the school district, or
14the charter school governing board, and the principal of each
15participating school for each schoolsite or other site.

16(3) Each partner in the application agrees to share responsibility
17for the quality of the program.

18(4) The application designates the public agency or local
19educational agency partner to act as the fiscal agent. For purposes
20of this section, “public agency” means only a county board of
21supervisors or if the city is incorporated or has a charter, a city
22council.

23(5) Applicants agree to follow all fiscal reporting and auditing
24standards required by the department.

25(6) Applicants agree to incorporate into the program both of the
26elements required pursuant to subdivision (c).

27(7) Applicants agree to provide information to the department
28for the purpose of program evaluation pursuant to Section 8483.55.

29(8) Applicants shall certify that program evaluations will be
30based upon Section 8484 and upon any requirements recommended
31by the Advisory Committee on Before and After School Programs
32and adopted by the state board, in compliance with subdivision
33(g) of Section 8482.4.

34(9) The application states the targeted number of pupils to be
35served by the program.

36(10) Applicants agree to provide the following information on
37participating pupils to the department:

38(A) Schoolday attendance rates.

39(B) Pupil test scores from the Standardized Testing and
40Reporting Program established under Section 60640, reflecting
P8    1achievement in the areas addressed by required program elements,
2if assessments have been established in that area.

3(C) Program attendance.

4(g) (1) Grantees shall review their after school program plans
5every three years, including, but not limited to, all of the following:

6(A) Program goals. A grantee may specify any new program
7goals that will apply to the following three years during the grant
8renewal process.

9(B) Program content, including the elements identified in
10subdivision (c).

11(C) Outcome measures selected from those identified in
12subdivision (a) of Section 8484 that the grantee will use for the
13next three years.

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

15(E) If the program goals or outcome measures change as a result
16of this review, the grantee shall notify the department in a manner
17prescribed by the department.

18(F) The grantee shall maintain documentation of the after school
19program plan for a minimum of five years.

20(2) The department shall monitor this review as part of its onsite
21monitoring process.

22

SEC. 2.  

Section 35182.5 of the Education Code is amended to
23read:

24

35182.5.  

(a) The Legislature finds and declares all of the
25following:

26(1) State and federal laws require all schools participating in
27meal programs to provide nutritious food and beverages to pupils.

28(2) State and federal laws restrict the sale of food and beverages
29in competition with meal programs to enhance the nutritional goals
30for pupils, and to protect the fiscal and nutritional integrity of the
31school food service programs.

32(3) Parents, pupils, and community members should have the
33opportunity to ensure, through the review of food and beverage
34contracts, that food and beverages sold on school campuses provide
35nutritious sustenance to pupils, promote good health, help pupils
36learn, provide energy, and model fit living for life.

37(b) For purposes of this section, the following terms have the
38following meanings:

39(1) “Nonnutritious beverages” means any beverage that is not
40any of the following:

P9    1(A) Drinking water.

2(B) Milk, including, but not limited to, chocolate milk, soy milk,
3rice milk, and other similar dairy or nondairy milk.

4(C) An electrolyte replacement beverage that contains 42 grams
5or less of added sweetener per 20 ounce serving.

6(D) A 100 percent fruit juice, or fruit-based drink that is
7composed of 50 percent or more fruit juice and that has no added
8sweeteners.

9(2) “Added sweetener” means any additive that enhances the
10sweetness of the beverage, including, but not limited to, added
11sugar, but does not include the natural sugar or sugars that are
12contained within any fruit juice that is a component of the beverage.

13(3) “Nonnutritious food” means food that is not sold as part of
14the school breakfast or lunch program as a full meal, and that meets
15any of the following standards:

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

17(B) More than 10 percent of its total calories are from saturated
18fat.

19(C) More than 35 percent of its total weight is composed of
20sugar. This subparagraph does not apply to the sale of fruits or
21vegetables.

22(c) The governing board of a school district shall not do any of
23the following:

24(1) Enter into or renew a contract or permit a school within the
25district to enter into or renew a contract that grants exclusive or
26nonexclusive advertising or grants the right to the exclusive or
27nonexclusive sale of carbonated beverages or nonnutritious
28beverages or nonnutritious food within the district to a person,
29business, or corporation, unless the governing board of the school
30district does all of the following:

31(A) Adopts a policy after a public hearing of the governing
32board to ensure that the district has internal controls in place to
33protect the integrity of the public funds and to ensure that funds
34raised benefit public education, and that the contracts are entered
35into on a competitive basis pursuant to procedures contained in
36Section 20111 of the Public Contract Code or through the issuance
37of a Request for Proposal.

38(B) Provides to parents, guardians, pupils, and members of the
39public the opportunity to comment on the contract by holding a
40public hearing on the contract during a regularly scheduled board
P10   1meeting. The governing board shall clearly, and in a manner
2recognizable to the general public, identify in the agenda the
3contract to be discussed at the meeting.

4(2) Enter into a contract that prohibits a school district employee
5from disparaging the goods or services of the party contracting
6with the governing board.

7(3) Enter into a contract or permit a school within the district
8to enter into a contract for electronic products or services that
9requires the dissemination of advertising to pupils, unless the
10governing board of the school district does all of the following:

11(A) Enters into the contract at a noticed public hearing of the
12governing board.

13(B) Makes a finding that the electronic product or service in
14question is or would be an integral component of the education of
15pupils.

16(C) Makes a finding that the school district cannot afford to
17provide the electronic product or service unless it contracts to
18permit dissemination of advertising to pupils.

19(D) Provides written notice to the parents or guardians of pupils
20that the advertising will be used in the classroom or other learning
21centers. This notice shall be part of the district’s normal ongoing
22communication to parents or guardians.

23(E) Offers the parents the opportunity to request in writing that
24the pupil not be exposed to the program that contains the
25advertising. Any request shall be honored for the school year in
26which it is submitted, or longer if specified, but may be withdrawn
27by the parents or guardians at any time.

28(d) A governing board may meet the public hearing requirement
29set forth in subparagraph (B) of paragraph (1) of subdivision (c)
30for those contracts that grant the right to the exclusive or
31nonexclusive sale of carbonated beverages or nonnutritious
32beverages or nonnutritious food within the district, by an annual
33public hearing to review and discuss existing and potential
34contracts for the sale of food and beverages on campuses, including
35food and beverages sold as full meals, through competitive sales,
36as fundraisers, and through vending machines.

37(1) The public hearing shall include, but not be limited to, a
38discussion of all of the following:

39(A) The nutritional value of food and beverages sold within the
40district.

P11   1(B) The availability of fresh fruit, vegetables, and grains in
2school meals and snacks, including, but not limited to, locally
3grown and organic produce.

4(C) The amount of fat, sugar, and additives in the food and
5beverages discussed.

6(D) Barriers to pupil participation in school breakfast and lunch
7programs.

8(2) A school district that holds an annual public hearing
9consistent with this subdivision is not released from the public
10hearing requirements set forth in subparagraph (B) of paragraph
11(1) of subdivision (c) for those contracts not discussed at the annual
12public hearing.

13(e) The governing board of the school district shall make
14accessible to the public any contract entered into pursuant to
15paragraph (1) of subdivision (c) and may not include in that
16contract a confidentiality clause that would prevent a school or
17school district from making any part of the contract public.

18(f) The governing board of a school district may sell advertising,
19products, or services on a nonexclusive basis.

20(g) The governing board of a school district may post public
21signs indicating the district’s appreciation for the support of a
22person or business for the district’s education program.

23(h) Contracts entered into before January 1, 2004, may remain
24in effect, but may not be renewed if they are in conflict with this
25section.

26

SEC. 3.  

Section 38091 of the Education Code is amended to
27read:

28

38091.  

The cafeteria fund shall be used only for those
29expenditures authorized by the governing board of a school district
30as necessary for the operation of school cafeterias, including, but
31not limited to, expenditures for the lease or purchase of additional
32cafeteria equipment, vending machines and their installation and
33housing, and computer equipment and related software.

34

SEC. 4.  

Section 38092 of the Education Code is repealed.

35

SEC. 5.  

Section 38100 of the Education Code is amended to
36read:

37

38100.  

(a) The cost of providing adequate housing for
38cafeterias, including, but not limited to, kitchen facilities, is a
39charge against the funds of the school district. The cost of the lease
40or purchase of cafeteria equipment and of vending machines and
P12   1their installation and housing shall be a charge against cafeteria
2funds, in accordance with Section 38091. However, when the
3governing board of a school district deems it necessary, the
4governing board of a school district may make the cost of the lease
5or purchase of cafeteria equipment and vending machines and their
6installation andbegin delete housing,end deletebegin insert housingend insert a charge against the funds of the
7school district. If school district funds are expended for the lease
8or purchase of cafeteria equipment or for the lease, purchase,
9installation, or housing of vending machines, the governing board
10of the school district may at any time during the same fiscal year
11after the expenditure reimburse school district funds from cafeteria
12funds. The governing board of a school district shall only approve
13reimbursement for vending machines if one, or both, of the
14following apply:

15(1) The vending machines are owned and operated by the school
16food services department, sell meals that qualify for federal meal
17program reimbursement, and are equipped with appropriate point
18of service meal counting software.

19(2) The vending machines sellbegin delete food and beveragesend deletebegin insert only food,
20or only beverages, or bothend insert
that comply with state and federal
21competitive food laws and regulations.

22(b) The governing board of a school district may by resolution
23make the cost of maintenance of the kitchen facilities, the cost of
24replacementbegin insert or maintenance ofend insert kitchen equipment, and the
25reasonable costs of providing drinking water in the cafeteria, and
26garbage disposal related to food service and delivery a charge
27against cafeteria funds provided that the school district complies
28with all applicable state and federal laws and regulations.

29

SEC. 6.  

Section 38102 of the Education Code is repealed.

30

SEC. 7.  

Section 49430 of the Education Code is amended to
31read:

32

49430.  

As used in this article, the following terms have the
33following meanings:

34(a) “Elementary school” means a school operated and maintained
35by a school district or county office of education that maintains
36any grade from kindergarten to grade 6, inclusive, but no grade
37higher than grade 6.

38(b) “Middle school” means a school operated and maintained
39by a school district or county office of education that maintains
40grade 7 or 8, 7 to 9, inclusive, or 7 to 10, inclusive.

P13   1(c) “High school” means a school operated and maintained by
2a school district or county office of education maintaining any of
3grades 9 to 12, inclusive.

4(d) “Full meal” means a combination of food items that meet
5USDA-approved School Breakfast Program or National School
6Lunch Program meal pattern requirements or the menu planning
7options of Shaping Health as Partners in Education developed by
8the state (SHAPE California network).

9(e) “Added sweetener” means an additive other than 100 percent
10fruit juice that enhances the sweetness of a beverage.

11(f) “Sold” means the exchange of food or beverages for money,
12coupons, vouchers, or order forms, when any part of the exchange
13occurs on a school campus.

14(g) “Entrée” means a food that is generally regarded as being
15the primary food in a meal, and shall include, but not be limited
16to, sandwiches, burritos, pasta, and pizza.

17(h) “Snack” means a food that is generally regarded as
18supplementing a meal, including, but not limited to, chips, crackers,
19onion rings, nachos, french fries, donuts, cookies, pastries,
20cinnamon rolls, and candy.

21(i) “Deep fried” means a food item is cooked by total submersion
22in oil or fat.

23(j) “Par fried” means a food item is fried to reach an internal
24temperature of 160 degrees Fahrenheit then is cooled to room
25temperature so that it may be refrigerated or frozen for future
26frying.

27(k) “Flash fried” means a food item is quickly fried on both
28sides in oil with a temperature of 400 degrees Fahrenheit or higher.

29

SEC. 8.  

Section 49431 of the Education Code is amended to
30read:

31

49431.  

(a) (1) From one-half hour before the start of the
32schoolday to one-half hour after the schoolday, at each elementary
33school, the only food that may be sold to a pupil are full meals,
34individually sold dairy or whole grain foods, and individually sold
35portions of nuts, nut butters, seeds, eggs, cheese packaged for
36individual sale, fruit, vegetables that have not been deep fried, and
37legumes.

38(2) An individually sold dairy or whole grain food item, and
39individually sold portions of nuts, nut butters, seeds, eggs, cheese
40packaged for individual sale, fruit, vegetables that have not been
P14   1deep fried, and legumes may be sold to pupils at an elementary
2school, except food sold as part of a USDA meal program, if they
3meet all of the following standards:

4(A) Not more than 35 percent of its total calories shall be from
5fat. This subparagraph shall not apply to individually sold portions
6of nuts, nut butters, seeds, eggs, cheese packaged for individual
7sale, fruit, vegetables that have not been deep fried, or legumes.

8(B) Not more than 10 percent of its total calories shall be from
9saturated fat. This subparagraph shall not apply to eggs or cheese
10packaged for individual sale.

11(C) Not more than 35 percent of its total weight shall be
12composed of sugar, including naturally occurring and added sugar.
13This subparagraph shall not apply to fruit or vegetables that have
14not been deep fried.

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

16(b) An elementary school may permit the sale of food items that
17do not comply with subdivision (a) as part of a school fundraising
18event in either of the following circumstances:

19(1) The sale of those items takes place off of and away from
20school premises.

21(2) The sale of those items takes place on school premises at
22least one-half hour after the end of the schoolday.

23(c) It is the intent of the Legislature that the governing board of
24a school district annually review its compliance with the nutrition
25standards described in this section and Section 49431.5.

26

SEC. 9.  

Section 49431.2 of the Education Code is amended to
27read:

28

49431.2.  

(a) From one-half hour before the start of the
29schoolday to one-half hour after the schoolday, snacks sold to a
30pupil in middle school or high school, except food served as part
31of a USDA meal program, shall meet all of the following standards:

32(1) Not more than 35 percent of its total calories shall be from
33fat. This paragraph does not apply to the sale of nuts, nut butters,
34seeds, eggs, cheese packaged for individual sale, fruits, vegetables
35that have not been deep fried, or legumes.

36(2) Not more than 10 percent of its total calories shall be from
37saturated fat. This subparagraph does not apply to eggs or cheese
38packaged for individual sale.

39(3) Not more than 35 percent of its total weight shall be
40composed of sugar, including naturally occurring and added sugars.
P15   1This paragraph does not apply to the sale of fruits or vegetables
2that have not been deep fried.

3(4) No more than 250 calories per individual food item.

4(b) From one-half hour before the start of the schoolday to
5one-half hour after the schoolday, entrée items sold to a pupil in
6middle school or high school, except food served as part of a
7USDA meal program, shall contain no more than 400 calories per
8entrée, and shall contain no more than 4 grams of fat per 100
9calories contained in each entrée.

10(c) A middle school or high school may permit the sale of food
11items that do not comply with subdivision (a) or (b) in any of the
12following circumstances:

13(1) The sale of those items takes place off of and away from
14school premises.

15(2) The sale of those items takes place on school premises at
16least one-half hour after the end of the schoolday.

17(d) It is the intent of the Legislature that the governing board
18of a school district annually review its compliance with the
19nutrition standards described in this section.

20

SEC. 10.  

Section 49431.5 of the Education Code is amended
21to read:

22

49431.5.  

(a) (1) From one-half hour before the start of the
23schoolday to one-half hour after the schoolday, only the following
24beverages may be sold to a pupil at an elementary school:

25(A) Fruit-based drinks that are composed of no less than 50
26percent fruit juice and have no added sweetener.

27(B) Vegetable-based drinks that are composed of no less than
2850 percent vegetable juice and have no added sweetener.

29(C) Drinking water with no added sweetener.

30(D) Two-percent-fat milk, one-percent-fat milk, nonfat milk,
31soy milk, rice milk, and other similar nondairy milk.

32(2) An elementary school may permit the sale of beverages that
33do not comply with paragraph (1) as part of a school fundraising
34event in either of the following circumstances:

35(A) The sale of those items takes place off and away from the
36premises of the school.

37(B) The sale of those items takes place on school premises at
38least one-half hour after the end of the schoolday.

P16   1(3) From one-half hour before the start of the schoolday to
2one-half hour after the end of the schoolday, only the following
3beverages may be sold to a pupil at a middle school or high school:

4(A) Fruit-based drinks that are composed of no less than 50
5percent fruit juice and have no added sweetener.

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

8(C) Drinking water with no added sweetener.

9(D) Two-percent-fat milk, one-percent-fat milk, nonfat milk,
10soy milk, rice milk, and other similar nondairy milk.

11(E) An electrolyte replacement beverage that contains no more
12than 42 grams of added sweetener per 20-ounce serving.

13(4) A middle school or high school may permit the sale of
14beverages that do not comply with paragraph (3) as part of a school
15event if the sale of those items meets either of the following
16criteria:

17(A) The sale of those items takes place off and away from the
18premises of the school.

19(B) The sale of those items takes place on school premises at
20least one-half hour after the end of the schoolday.

21(b) It is the intent of the Legislature that the governing board
22of a school district annually review its compliance with this section.

23(c) Notwithstanding Article 3 (commencing with Section 33050)
24of Chapter 1 of Part 20 of Division 2, compliance with this section
25may not be waived.

26

SEC. 11.  

Section 49431.7 of the Education Code is amended
27to read:

28

49431.7.  

(a) From one-half hour before the start of the
29schoolday to one-half hour after the end of the schoolday, a school
30or school district shall not sell to pupils enrolled in kindergarten,
31or any of grades 1 to 12, inclusive, food containing artificial trans
32fat, as defined in subdivision (b).

33(b) For purposes of this section, a food contains artificial trans
34fat if a food contains vegetable shortening, margarine, or any kind
35of partially hydrogenated vegetable oil, unless the manufacturer’s
36documentation or the label required on the food, pursuant to
37applicable federal and state law, lists the trans fat content as less
38than 0.5 grams of trans fat per serving.

39(c) This section shall not apply to food provided as part of a
40USDA meal program.

P17   1

SEC. 12.  

Section 49432 of the Education Code is amended to
2read:

3

49432.  

Every public school may post a summary of nutrition
4and physical activity laws and regulations, and shall post the school
5district’s nutrition and physical activity policies, in public view
6within all school cafeterias or other central eating areas. The
7department shall develop the summary of state law and regulations.

8

SEC. 13.  

Section 49433 of the Education Code is repealed.

9

SEC. 14.  

Section 49433.5 of the Education Code is repealed.

10

SEC. 15.  

Section 49433.7 of the Education Code is repealed.

11

SEC. 16.  

Section 49433.9 of the Education Code is repealed.

12

SEC. 17.  

Section 49434 of the Education Code is repealed.

13

SEC. 18.  

Section 49434 is added to the Education Code, to
14read:

15

49434.  

Compliance with this article shall be monitored by the
16department in conformity with the United States Department of
17Agriculture’s administrative review process, as published in the
18Federal Register, Volume 77, Number 17, on January 26, 2012.

19

SEC. 19.  

Section 49435 of the Education Code is repealed.

20

SEC. 20.  

Section 49436 of the Education Code is repealed.



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