Amended in Assembly May 15, 2013

Amended in Assembly May 7, 2013

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

(Coauthor: Assembly Member Pan)

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 to specified federal 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 ofbegin delete theend deletebegin insert aend insert school district as necessary for the operation of school cafeterias, including, but not limited to,begin delete certainend delete expendituresbegin delete related toend deletebegin insert for the lease or purchase of additional cafeteria equipment forend insert a central food processing plant.begin insert Existing law authorizes the governing board of a school district to also make expenditures from the cafeteria fund for the construction, alteration, or improvement of a central food processing plant, for the installation of additional cafeteria equipment for the central food processing plant, and for the lease or purchase of vehicles used primarily in connection with the central food processing plant.end insert 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 wouldbegin insert instead include as an authorized expenditure of the cafeteria fund expenditures for the lease or purchase of additional equipment for the kitchen or central food processing plant. The bill would instead authorize the governing board of a school district to make expenditures from the cafeteria fund for the purchase and installation of additional preparation, cooking, or service equipment for a kitchen or central food processing plant, including necessary alterations as specified, and for the lease or purchase of vehicles used solely in connection with the kitchen or central food processing plant. The bill wouldend insert repeal the authority of the governing board of a school district tobegin delete use moneys in the cafeteria fund for certain expenditures related to a central food processing plant, toend delete 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 bodybegin delete store,end deletebegin insert storeend 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 makebegin delete these costsend deletebegin insert the cost of the lease or purchase of cafeteria equipment for a kitchen or central food processing plantend insert 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 ofbegin delete cafeteriaend deletebegin insert kitchenend insert 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. The bill would require the governing board of a school district to only approve reimbursement for vending machines if specified conditions apply.

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 kitchenbegin delete facilities,end deletebegin insert facilities andend insert the cost of replacement or maintenance of kitchenbegin delete equipmentend deletebegin insert equipment a charge against cafeteria fundsend insert, andbegin insert would addend insert thebegin delete reasonableend delete costs of providing drinking water in the cafeteriabegin delete and garbage disposal related to food service and deliveryend delete 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 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 either takes place away from school premises or takes place at least 12 hour after the end of the schoolday. Existing law defines “sold” for purposes of those provisions.

This bill would instead make those provisions applicable from 12 hour before the start of the schoolday to 12 hour after the schoolday, and would include individually sold dairy or whole grain foods among the list of foods that may be sold. The bill would revise the requirements for the sale of food at school fundraising events by deleting the requirement that the items be sold by pupils. The bill would also revise the definition of “sold” for purposes of those provisions.

(6) Existing law, 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 12 hour before the start of the schoolday to 12 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 beverages that are sold to a pupil at an elementary school to meet specified nutritional standards, unless the school authorizes the items to be sold by pupils of the school as part of a fundraising event, and the sale of those items either takes place away from school premises or takes place 12 hour or more after the end of the schoolday.

This bill would delete the provision requiring the items to be sold by pupils of the school.

(8) 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 12 hour before the start of the schoolday to 12 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 12 hour after the end of the schoolday and vending machines, pupil stores, and cafeterias are used later then 12 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 12 hour before the start of the schoolday to 12 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 away from the premises of the school or the sale of those items takes place on school premises at least 12 hour after the end of the schoolday.

(9) Existing law prohibits a school or school district, during school hours and 12 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 12 hour before the start of the schoolday to 12 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.

(10) 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.

(11) 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.

(12) 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.

P7    1(3) Notwithstanding any other provision of this article, the
2majority of the time spent by a pupil who is in kindergarten or any
3of grades 1 to 9, inclusive, and who is participating in a career
4technical education element of a program established pursuant to
5this article shall be at a site that complies with Section 8484.6.

6(d) (1) Applicants shall agree that snacks made available
7through a program shall conform to the nutrition standards in
8Article 2.5 (commencing with Section 49430) of Chapter 9 of Part
927 of Division 4 of Title 2.

10(2) Applicants shall agree that meals made available through a
11program shall conform to the nutrition standards of the United
12States Department of Agriculture’s at-risk afterschool meal
13component of the Child and Adult Care Food Program (42 U.S.C.
14Sec. 1766) or the National School Lunch Program (42 U.S.C. Sec.
151751 et seq.).

16(e) Applicants for programs established pursuant to this article
17may include any of the following:

18(1) A local educational agency, including, but not limited to, a
19charter school, the California School for the Deaf (northern
20California), the California School for the Deaf (southern
21California), and the California School for the Blind.

22(2) A city, county, or nonprofit organization in partnership with,
23and with the approval of, a local educational agency or agencies.

24(f) Applicants for grants pursuant to this article shall ensure that
25each of the following requirements is fulfilled, if applicable:

26(1) The application documents the commitments of each partner
27to operate a program on that site or sites.

28(2) The application has been approved by the school district, or
29the charter school governing board, and the principal of each
30participating school for each schoolsite or other site.

31(3) Each partner in the application agrees to share responsibility
32for the quality of the program.

33(4) The application designates the public agency or local
34educational agency partner to act as the fiscal agent. For purposes
35of this section, “public agency” means only a county board of
36supervisors or if the city is incorporated or has a charter, a city
37council.

38(5) Applicants agree to follow all fiscal reporting and auditing
39standards required by the department.

P8    1(6) Applicants agree to incorporate into the program both of the
2elements required pursuant to subdivision (c).

3(7) Applicants agree to provide information to the department
4for the purpose of program evaluation pursuant to Section 8483.55.

5(8) Applicants shall certify that program evaluations will be
6based upon Section 8484 and upon any requirements recommended
7by the Advisory Committee on Before and After School Programs
8and adopted by the state board, in compliance with subdivision
9(g) of Section 8482.4.

10(9) The application states the targeted number of pupils to be
11served by the program.

12(10) Applicants agree to provide the following information on
13participating pupils to the department:

14(A) Schoolday attendance rates.

15(B) Pupil test scores from the Standardized Testing and
16Reporting Program established under Section 60640, reflecting
17achievement in the areas addressed by required program elements,
18if assessments have been established in that area.

19(C) Program attendance.

20(g) (1) Grantees shall review their after school program plans
21every three years, including, but not limited to, all of the following:

22(A) Program goals. A grantee may specify any new program
23goals that will apply to the following three years during the grant
24renewal process.

25(B) Program content, including the elements identified in
26subdivision (c).

27(C) Outcome measures selected from those identified in
28subdivision (a) of Section 8484 that the grantee will use for the
29next three years.

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

31(E) If the program goals or outcome measures change as a result
32of this review, the grantee shall notify the department in a manner
33prescribed by the department.

34(F) The grantee shall maintain documentation of the after school
35program plan for a minimum of five years.

36(2) The department shall monitor this review as part of its onsite
37monitoring process.

38

SEC. 2.  

Section 35182.5 of the Education Code is amended to
39read:

P9    1

35182.5.  

(a) The Legislature finds and declares all of the
2following:

3(1) State and federal laws require all schools participating in
4meal programs to provide nutritious food and beverages to pupils.

5(2) State and federal laws restrict the sale of food and beverages
6in competition with meal programs to enhance the nutritional goals
7for pupils, and to protect the fiscal and nutritional integrity of the
8school food service programs.

9(3) Parents, pupils, and community members should have the
10opportunity to ensure, through the review of food and beverage
11contracts, that food and beverages sold on school campuses provide
12nutritious sustenance to pupils, promote good health, help pupils
13learn, provide energy, and model fit living for life.

14(b) For purposes of this section, the following terms have the
15following meanings:

16(1) “Nonnutritious beverages” means any beverage that is not
17any of the following:

18(A) Drinking water.

19(B) Milk, including, but not limited to, chocolate milk, soy milk,
20rice milk, and other similar dairy or nondairy milk.

21(C) An electrolyte replacement beverage that contains 42 grams
22or less of added sweetener per 20 ounce serving.

23(D) A 100 percent fruit juice, or fruit-based drink that is
24composed of 50 percent or more fruit juice and that has no added
25sweeteners.

26(2) “Added sweetener” means any additive that enhances the
27sweetness of the beverage, including, but not limited to, added
28sugar, but does not include the natural sugar or sugars that are
29contained within any fruit juice that is a component of the beverage.

30(3) “Nonnutritious food” means food that is not sold as part of
31the school breakfast or lunch program as a full meal, and that meets
32any of the following standards:

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

34(B) More than 10 percent of its total calories are from saturated
35fat.

36(C) More than 35 percent of its total weight is composed of
37sugar. This subparagraph does not apply to the sale of fruits or
38vegetables.

39(c) The governing board of a school district shall not do any of
40the following:

P10   1(1) Enter into or renew a contract or permit a school within the
2district to enter into or renew a contract that grants exclusive or
3nonexclusive advertising or grants the right to the exclusive or
4nonexclusive sale of carbonated beverages or nonnutritious
5beverages or nonnutritious food within the district to a person,
6business, or corporation, unless the governing board of the school
7district does all of the following:

8(A) Adopts a policy after a public hearing of the governing
9board to ensure that the district has internal controls in place to
10protect the integrity of the public funds and to ensure that funds
11raised benefit public education, and that the contracts are entered
12into on a competitive basis pursuant to procedures contained in
13Section 20111 of the Public Contract Code or through the issuance
14of a Request for Proposal.

15(B) Provides to parents, guardians, pupils, and members of the
16public the opportunity to comment on the contract by holding a
17public hearing on the contract during a regularly scheduled board
18meeting. The governing board shall clearly, and in a manner
19recognizable to the general public, identify in the agenda the
20contract to be discussed at the meeting.

21(2) Enter into a contract that prohibits a school district employee
22from disparaging the goods or services of the party contracting
23with the governing board.

24(3) Enter into a contract or permit a school within the district
25to enter into a contract for electronic products or services that
26requires the dissemination of advertising to pupils, unless the
27governing board of the school district does all of the following:

28(A) Enters into the contract at a noticed public hearing of the
29governing board.

30(B) Makes a finding that the electronic product or service in
31question is or would be an integral component of the education of
32pupils.

33(C) Makes a finding that the school district cannot afford to
34provide the electronic product or service unless it contracts to
35permit dissemination of advertising to pupils.

36(D) Provides written notice to the parents or guardians of pupils
37that the advertising will be used in the classroom or other learning
38centers. This notice shall be part of the district’s normal ongoing
39communication to parents or guardians.

P11   1(E) Offers the parents the opportunity to request in writing that
2the pupil not be exposed to the program that contains the
3advertising. Any request shall be honored for the school year in
4which it is submitted, or longer if specified, but may be withdrawn
5by the parents or guardians at any time.

6(d) A governing board may meet the public hearing requirement
7set forth in subparagraph (B) of paragraph (1) of subdivision (c)
8for those contracts that grant the right to the exclusive or
9nonexclusive sale of carbonated beverages or nonnutritious
10beverages or nonnutritious food within the district, by an annual
11public hearing to review and discuss existing and potential
12contracts for the sale of food and beverages on campuses, including
13food and beverages sold as full meals, through competitive sales,
14as fundraisers, and through vending machines.

15(1) The public hearing shall include, but not be limited to, a
16discussion of all of the following:

17(A) The nutritional value of food and beverages sold within the
18district.

19(B) The availability of fresh fruit, vegetables, and grains in
20school meals and snacks, including, but not limited to, locally
21grown and organic produce.

22(C) The amount of fat, sugar, and additives in the food and
23beverages discussed.

24(D) Barriers to pupil participation in school breakfast and lunch
25programs.

26(2) A school district that holds an annual public hearing
27consistent with this subdivision is not released from the public
28hearing requirements set forth in subparagraph (B) of paragraph
29(1) of subdivision (c) for those contracts not discussed at the annual
30public hearing.

31(e) The governing board of the school district shall make
32accessible to the public any contract entered into pursuant to
33paragraph (1) of subdivision (c) and may not include in that
34contract a confidentiality clause that would prevent a school or
35school district from making any part of the contract public.

36(f) The governing board of a school district may sell advertising,
37products, or services on a nonexclusive basis.

38(g) The governing board of a school district may post public
39signs indicating the district’s appreciation for the support of a
40person or business for the district’s education program.

P12   1(h) Contracts entered into before January 1, 2004, may remain
2in effect, but may not be renewed if they are in conflict with this
3section.

begin delete
4

SEC. 3.  

Section 38091 of the Education Code is amended to
5read:

6

38091.  

The cafeteria fund shall be used only for those
7expenditures authorized by the governing board of a school district
8as necessary for the operation of school cafeterias, including, but
9not limited to, expenditures for the lease or purchase of additional
10cafeteria equipment, vending machines and their installation and
11housing, and computer equipment and related software.

end delete
12begin insert

begin insertSEC. 3.end insert  

end insert

begin insertSection 38091 of the end insertbegin insertEducation Codeend insertbegin insert is amended to
13read:end insert

14

38091.  

begin insert(a)end insertbegin insertend insertThe cafeteria fund shall be used only for those
15expenditures authorized by the governing boardbegin insert of a school districtend insert
16 as necessary for the operation of school cafeterias, including, but
17not limited to, expenditures for the lease or purchase of additional
18cafeteriabegin delete equipment for the central food processing plant,end deletebegin insert equipment
19for the kitchen or central food processing plant,end insert
vending machines
20and their installation and housing, and computer equipment and
21related software.

begin delete

22Whenever a cafeteria fund is operated pursuant to these
23provisions, the governing board may authorize the establishment
24of one or more cafeteria revolving accounts. For accounting
25purposes, a cafeteria revolving account is to be treated as a
26revolving cash account of the cafeteria fund, providing that the
27receipt of income and expenditures made from a cafeteria revolving
28account become recorded as income and expenditures of the
29cafeteria fund. Appropriate transfers, replenishments, and deposits
30between the cafeteria fund and a cafeteria revolving account may
31occur as are necessary to comply with accounting requirements.
32A cafeteria revolving account may receive and expend moneys in
33the same manner and for the same purposes as authorized for a
34cafeteria account.

end delete
begin delete

35The

end delete

36begin insert(b)end insertbegin insertend insertbegin insertTheend insert governing board of any school district, or of two or
37more school districts governed by governing boards of identical
38personnel, may also make expenditures from the cafeteria fund
39for thebegin delete construction, alteration, or improvement of aend deletebegin insert purchase and
40installation of additional preparation, cooking, or service
P13   1equipment for a kitchen orend insert
central food processing plant,begin delete forend delete
2begin insert including necessary alterations incidental toend insert the installation of
3begin delete additional cafeteria equipment for the central food processing
4plant,end delete
begin insert the equipment,end insert and for the lease or purchase of vehicles used
5begin delete primarilyend deletebegin insert solelyend insert in connection with thebegin insert kitchen orend insert central food
6processing plant.

7

SEC. 4.  

Section 38092 of the Education Code is repealed.

8

SEC. 5.  

Section 38100 of the Education Code is amended to
9read:

10

38100.  

(a) The cost of providing adequate housing for
11cafeterias, including, but not limited to, kitchen facilities, is a
12charge against the funds of the school district. The cost of the lease
13or purchase of cafeteria equipment and of vending machines and
14their installation and housing shall be a charge against cafeteria
15funds, in accordance with Section 38091. However, when the
16governing board of a school district deems it necessary, the
17governing board of a school district may make the cost of the lease
18or purchase of cafeteria equipmentbegin insert for a kitchen or central food
19processing plant,end insert
and vending machines and their installation and
20housing a charge against the funds of the school district. If school
21district funds are expended for the lease or purchase ofbegin delete cafeteriaend delete
22begin insert kitchenend insert equipment or for the lease, purchase, installation, or
23housing of vending machines, the governing board of the school
24district may at any time during the same fiscal year after the
25expenditure reimburse school district funds from cafeteria funds.
26The governing board of a school district shall only approve
27reimbursement for vending machines if one, or both, of the
28following apply:

29(1) The vending machines are owned and operated by the school
30food services department, sell meals that qualify for federal meal
31program reimbursement, and are equipped with appropriate point
32of service meal counting software.

33(2) The vending machines sell only food, or only beverages, or
34both that comply with state and federal competitive food laws and
35regulations.

36(b) The governing board of a school district may by resolution
37make the cost of maintenance of the kitchen facilities, the cost of
38replacement or maintenance of kitchen equipment, andbegin delete the
39reasonableend delete
costs ofbegin delete providingend deletebegin insert telephone charges, water,end insert drinking
40water in thebegin delete cafeteriaend deletebegin insert cafeteria, electricity, gas, coal, wood, fuel,
P14   1oil,end insert
and garbage disposal related to food service and delivery a
2charge against cafeteria funds, provided that the school district
3complies with all applicable state and federal laws and regulations.

4

SEC. 6.  

Section 38102 of the Education Code is repealed.

5

SEC. 7.  

Section 49430 of the Education Code is amended to
6read:

7

49430.  

As used in this article, the following terms have the
8following meanings:

9(a) “Elementary school” means a school operated and maintained
10by a school district or county office of education that maintains
11any grade from kindergarten to grade 6, inclusive, but no grade
12higher than grade 6.

13(b) “Middle school” means a school operated and maintained
14by a school district or county office of education that maintains
15grade 7 or 8, 7 to 9, inclusive, or 7 to 10, inclusive.

16(c) “High school” means a school operated and maintained by
17a school district or county office of education maintaining any of
18grades 9 to 12, inclusive.

19(d) “Full meal” means a combination of food items that meet
20USDA-approved School Breakfast Program or National School
21Lunch Program meal pattern requirements or the menu planning
22options of Shaping Health as Partners in Education developed by
23the state (SHAPE California network).

24(e) “Added sweetener” means an additive other than 100 percent
25fruit juice that enhances the sweetness of a beverage.

26(f) “Sold” means the exchange of food or beverages for money,
27coupons, vouchers, or order forms, when any part of the exchange
28occurs on a school campus.

29(g) “Entrée” means a food that is generally regarded as being
30the primary food in a meal, and shall include, but not be limited
31to, sandwiches, burritos, pasta, and pizza.

32(h) “Snack” means a food that is generally regarded as
33supplementing a meal, including, but not limited to, chips, crackers,
34onion rings, nachos, french fries, donuts, cookies, pastries,
35cinnamon rolls, and candy.

36(i) “Deep fried” means a food item is cooked by total submersion
37in oil or fat.

38(j) “Par fried” means a food item is fried to reach an internal
39temperature of 160 degrees Fahrenheit then is cooled to room
P15   1temperature so that it may be refrigerated or frozen for future
2frying.

3(k) “Flash fried” means a food item is quickly fried on both
4sides in oil with a temperature of 400 degrees Fahrenheit or higher.

5

SEC. 8.  

Section 49431 of the Education Code is amended to
6read:

7

49431.  

(a) (1) From one-half hour before the start of the
8schoolday to one-half hour after the schoolday, at each elementary
9school, the only food that may be sold to a pupil are full meals,
10individually sold dairy or whole grain foods, and individually sold
11portions of nuts, nut butters, seeds, eggs, cheese packaged for
12individual sale, fruit, vegetables that have not been deep fried, and
13legumes.

14(2) An individually sold dairy or whole grain food item, and
15individually sold portions of nuts, nut butters, seeds, eggs, cheese
16packaged for individual sale, fruit, vegetables that have not been
17deep fried, and legumes may be sold to pupils at an elementary
18school, except food sold as part of a USDA meal program, if they
19meet all of the following standards:

20(A) Not more than 35 percent of its total calories shall be from
21fat. This subparagraph shall not apply to individually sold portions
22of nuts, nut butters, seeds, eggs, cheese packaged for individual
23sale, fruit, vegetables that have not been deep fried, or legumes.

24(B) Not more than 10 percent of its total calories shall be from
25saturated fat. This subparagraph shall not apply to eggs or cheese
26packaged for individual sale.

27(C) Not more than 35 percent of its total weight shall be
28composed of sugar, including naturally occurring and added sugar.
29This subparagraph shall not apply to fruit or vegetables that have
30not been deep fried.

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

32(b) An elementary school may permit the sale of food items that
33do not comply with subdivision (a) as part of a school fundraising
34event in either of the following circumstances:

35(1) The sale of those items takes place off of and away from
36school premises.

37(2) The sale of those items takes place on school premises at
38least one-half hour after the end of the schoolday.

P16   1(c) It is the intent of the Legislature that the governing board of
2a school district annually review its compliance with the nutrition
3standards described in this section and Section 49431.5.

4

SEC. 9.  

Section 49431.2 of the Education Code is amended to
5read:

6

49431.2.  

(a) From one-half hour before the start of the
7schoolday to one-half hour after the schoolday, snacks sold to a
8pupil in middle school or high school, except food served as part
9of a USDA meal program, shall meet all of the following standards:

10(1) Not more than 35 percent of its total calories shall be from
11fat. This paragraph does not apply to the sale of nuts, nut butters,
12seeds, eggs, cheese packaged for individual sale, fruits, vegetables
13that have not been deep fried, or legumes.

14(2) Not more than 10 percent of its total calories shall be from
15saturated fat. This subparagraph does not apply to eggs or cheese
16packaged for individual sale.

17(3) Not more than 35 percent of its total weight shall be
18composed of sugar, including naturally occurring and added sugars.
19This paragraph does not apply to the sale of fruits or vegetables
20that have not been deep fried.

21(4) No more than 250 calories per individual food item.

22(b) From one-half hour before the start of the schoolday to
23one-half hour after the schoolday, entrée items sold to a pupil in
24middle school or high school, except food served as part of a
25USDA meal program, shall contain no more than 400 calories per
26entrée, and shall contain no more than 4 grams of fat per 100
27calories contained in each entrée.

28(c) A middle school or high school may permit the sale of food
29items that do not comply with subdivision (a) or (b) in any of the
30following circumstances:

31(1) The sale of those items takes place off of and away from
32school premises.

33(2) The sale of those items takes place on school premises at
34least one-half hour after the end of the schoolday.

35(d) It is the intent of the Legislature that the governing board
36of a school district annually review its compliance with the
37nutrition standards described in this section.

38

SEC. 10.  

Section 49431.5 of the Education Code is amended
39to read:

P17   1

49431.5.  

(a) (1) Regardless of the time of day, only the
2following beverages may be sold to a pupil at an elementary school:

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

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

7(C) Drinking water with no added sweetener.

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

10(2) An elementary school may permit the sale of beverages that
11do not comply with paragraph (1) as part of a school fundraising
12event in either of the following circumstances:

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

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

17(3) From one-half hour before the start of the schoolday to
18one-half hour after the end of the schoolday, only the following
19beverages may be sold to a pupil at a middle school or high school:

20(A) Fruit-based drinks that are composed of no less than 50
21percent fruit juice and have no added sweetener.

22(B) Vegetable-based drinks that are composed of no less than
2350 percent vegetable juice and have no added sweetener.

24(C) Drinking water with no added sweetener.

25(D) Two-percent-fat milk, one-percent-fat milk, nonfat milk,
26soy milk, rice milk, and other similar nondairy milk.

27(E) An electrolyte replacement beverage that contains no more
28than 42 grams of added sweetener per 20-ounce serving.

29(4) A middle school or high school may permit the sale of
30beverages that do not comply with paragraph (3) as part of a school
31event if the sale of those items meets either of the following
32criteria:

33(A) The sale of those items takes place off and away from the
34premises of the school.

35(B) The sale of those items takes place on school premises at
36least one-half hour after the end of the schoolday.

37(b) It is the intent of the Legislature that the governing board
38of a school district annually review its compliance with this section.

P18   1(c) Notwithstanding Article 3 (commencing with Section 33050)
2of Chapter 1 of Part 20 of Division 2, compliance with this section
3may not be waived.

4

SEC. 11.  

Section 49431.7 of the Education Code is amended
5to read:

6

49431.7.  

(a) From one-half hour before the start of the
7schoolday to one-half hour after the end of the schoolday, a school
8or school district shall not sell to pupils enrolled in kindergarten,
9or any of grades 1 to 12, inclusive, food containing artificial trans
10fat, as defined in subdivision (b).

11(b) For purposes of this section, a food contains artificial trans
12fat if a food contains vegetable shortening, margarine, or any kind
13of partially hydrogenated vegetable oil, unless the manufacturer’s
14documentation or the label required on the food, pursuant to
15applicable federal and state law, lists the trans fat content as less
16than 0.5 grams of trans fat per serving.

17(c) This section shall not apply to food provided as part of a
18USDA meal program.

19

SEC. 12.  

Section 49432 of the Education Code is amended to
20read:

21

49432.  

Every public school may post a summary of nutrition
22and physical activity laws and regulations, and shall post the school
23district’s nutrition and physical activity policies, in public view
24within all school cafeterias or other central eating areas. The
25department shall develop the summary of state law and regulations.

26

SEC. 13.  

Section 49433 of the Education Code is repealed.

27

SEC. 14.  

Section 49433.5 of the Education Code is repealed.

28

SEC. 15.  

Section 49433.7 of the Education Code is repealed.

29

SEC. 16.  

Section 49433.9 of the Education Code is repealed.

30

SEC. 17.  

Section 49434 of the Education Code is repealed.

31

SEC. 18.  

Section 49434 is added to the Education Code, to
32read:

33

49434.  

Compliance with this article shall be monitored by the
34department in conformity with the United States Department of
35Agriculture’s administrative review process, as published in the
36Federal Register, Volume 77, Number 17, on January 26, 2012.

37

SEC. 19.  

Section 49435 of the Education Code is repealed.

38

SEC. 20.  

Section 49436 of the Education Code is repealed.



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