Amended in Senate June 25, 2013

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

(begin deleteCoauthor:end deletebegin insert Coauthors:end insert Assemblybegin delete Memberend deletebegin insert Membersend insert Panbegin insert and Quirk-Silvaend insert)

February 20, 2013


An act to amend Sectionsbegin insert 8423,end insert 8482.3,begin insert 8483.3,end insert 35182.5, 38091, 38100, 49430, 49431, 49431.2, 49431.5, 49431.7, and 49432 of, to repeal Sectionsbegin insert 38085end insert38092, 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.

begin insert

(1) Existing law, the 21st Century High School After School Safety and Enrichment for Teens program, referred to as High School ASSETs program, provides for the establishment of a high school after-school program that consists of an academic assistance element and an enrichment element. In selecting grantees to participate in the program, existing law requires the State Department of Education to consider specified criteria and requires an applicant to certify in the application, among other things, the inclusion of a nutritional snack and a physical activity element.

end insert
begin insert

This bill instead would require an applicant to certify in the application, among other things, the inclusion of a nutritional snack, meal, or both, and a physical activity element.

end insert
begin delete

(1)

end delete

begin insert(2)end insert 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.begin insert The act requires an applicant to certify in the application, among other things, the inclusion of a nutritional snack.end insert

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.begin insert The bill instead would require an applicant to certify in the application, among other things, the inclusion of a nutritional snack, meal, or both.end insert

begin insert

The act authorizes the Legislature to amend certain of its provisions to further its purposes by majority vote of each house.

end insert
begin insert

This bill would set forth a legislative finding and declaration that the bill’s provisions further the purposes of the act.

end insert
begin delete

(2)

end delete
begin insert

(3) Existing law requires a minimum of 50% of the items offered for sale each schoolday during regular school hours, as specified, be selected from a specified list including, among others, milk and dairy products and nonconfection grain products.

end insert
begin insert

This bill would repeal these provisions.

end insert

begin insert(4)end insert 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 a school district as necessary for the operation of school cafeterias, including, but not limited to, expenditures for the lease or purchase of additional cafeteria equipment for a central food processing plant. 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. 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 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 would repeal the authority of the governing board of a school district 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.

begin delete

(3)

end delete

begin insert(5)end insert 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 the cost of the lease or purchase of cafeteria equipment for a kitchen or central food processing plant 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 kitchen 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 kitchen facilities and the cost of replacement or maintenance of kitchen equipment a charge against cafeteria funds, and would add the costs of providing drinking water in the cafeteria a charge against cafeteria funds.

begin delete

(4)

end delete

begin insert(6)end insert 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.

begin delete

(5)

end delete

begin insert(7)end insert 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”begin insert and “full mealend insertbegin insertend insert 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”begin insert and “full mealend insertbegin insertend insert for purposes of those provisions.

begin delete

(6)

end delete

begin insert(8)end insert 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.

begin delete

(7)

end delete

begin insert(9)end insert 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 wouldbegin insert delete 2%-fat milk from the specified nutritional standards and wouldend insert delete the provision requiring the items to be sold by pupils of the school.

begin delete

(8)

end delete

begin insert(10)end insert 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 wouldbegin insert delete 2%-fat milk from the specified nutritional standards and wouldend insert 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.

begin delete

(9)

end delete

begin insert(11)end insert 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.

begin delete

(10)

end delete

begin insert(12)end insert 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.

begin delete

(11)

end delete

begin insert(13)end insert 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.

begin delete

(12)

end delete

begin insert(14)end insert 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:

P7    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 8423 of the end insertbegin insertEducation Codeend insertbegin insert is amended
2to read:end insert

3

8423.  

(a) The department shall select grantees to participate
4in the 21st Century High School After School Safety and
5Enrichment for Teens program from among applicants that apply
6on forms and in a manner prescribed by the department. To the
7extent possible, the selection of applicants by the department shall
8result in an equitable distribution of grant awards to applicants in
9northern, southern, and central California, and in urban, suburban,
10and rural areas of the state.

11(b) The department shall consider the following criteria in
12awarding grants:

13(1) Strength of the educational element and alignment with state
14academic standards, preparation for the high school exit
15examination, and other academic interventions.

16(2) Strength of the enrichment element.

17(3) Evidence of community collaboration, including
18demonstrated support of the principal and staff from participating
19schools.

20(4) A description of the manner in which programs will provide
21a safe physical and emotional environment and opportunities for
22relationship building, and promote active pupil engagement.

23(5) A description of the manner in which the program design
24will be periodically reexamined in order to maintain strong pupil
25interest.

P8    1(6) A description of plans to attract pupils, particularly pupils
2considered at risk or in need of academic support, on a regular
3basis.

4(c) The application shall certify all of the following:

5(1) Completion of an assessment of pupils’ preferences for
6program activities.

7(2) Access to, and availability of, computers and technology.

8(3) Inclusion of a nutritionalbegin delete snackend deletebegin insert snack, meal, or both,end insert and a
9physical activity element.

10(4) That the program will meet all of the evaluation
11requirements.

12(5) Fiscal accountability.

13

begin deleteSECTION 1.end delete
14begin insertSEC. 2.end insert  

Section 8482.3 of the Education Code is amended to
15read:

16

8482.3.  

(a) The After School Education and Safety Program
17shall be established to serve pupils in kindergarten and grades 1
18to 9, inclusive, at participating public elementary, middle, junior
19high, and charter schools.

20(b) A program may operate a before school component of a
21program, an after school component, or both the before and after
22school components of a program, on one or multiple schoolsites.
23If a program operates at multiple schoolsites, only one application
24shall be required for its establishment.

25(c) Each component of a program established pursuant to this
26article shall consist of the following two elements:

27(1) An educational and literacy element in which tutoring or
28homework assistance is provided in one or more of the following
29areas: language arts, mathematics, history and social science,
30computer training, or science.

31(2) An educational enrichment element, that may include, but
32need not be limited to, fine arts, career technical education,
33recreation, physical fitness, and prevention activities.

34(3) Notwithstanding any other provision of this article, the
35majority of the time spent by a pupil who is in kindergarten or any
36of grades 1 to 9, inclusive, and who is participating in a career
37technical education element of a program established pursuant to
38this article shall be at a site that complies with Section 8484.6.

39(d) (1) Applicants shall agree that snacks made available
40through a program shall conform to the nutrition standards in
P9    1Article 2.5 (commencing with Section 49430) of Chapter 9 of Part
227 of Division 4 of Title 2.

3(2) Applicants shall agree that meals made available through a
4program shall conform to the nutrition standards of the United
5States Department of Agriculture’s at-risk afterschool meal
6component of the Child and Adult Care Food Program (42 U.S.C.
7Sec.begin delete 1766) or the National School Lunch Program (42 U.S.C. Sec.
81751 et seq.)end delete
begin insert 1766)end insert.

9(e) Applicants for programs established pursuant to this article
10may include any of the following:

11(1) A local educational agency, including, but not limited to, a
12charter school, the California School for the Deaf (northern
13California), the California School for the Deaf (southern
14California), and the California School for the Blind.

15(2) A city, county, or nonprofit organization in partnership with,
16and with the approval of, a local educational agency or agencies.

17(f) Applicants for grants pursuant to this article shall ensure that
18each of the following requirements is fulfilled, if applicable:

19(1) The application documents the commitments of each partner
20to operate a program on that site or sites.

21(2) The application has been approved by the school district, or
22the charter school governingbegin delete boardend deletebegin insert bodyend insert, and the principal of each
23participating school for each schoolsite or other site.

24(3) Each partner in the application agrees to share responsibility
25for the quality of the program.

26(4) The application designates the public agency or local
27educational agency partner to act as the fiscal agent. For purposes
28of this section, “public agency” means only a county board of
29supervisors or if the city is incorporated or has a charter, a city
30council.

31(5) Applicants agree to follow all fiscal reporting and auditing
32standards required by the department.

33(6) Applicants agree to incorporate into the program both of the
34elements required pursuant to subdivision (c).

35(7) Applicants agree to provide information to the department
36for the purpose of program evaluation pursuant to Section 8483.55.

37(8) Applicants shall certify that program evaluations will be
38based upon Section 8484 and upon any requirements recommended
39by the Advisory Committee on Before and After School Programs
P10   1and adopted by the state board, in compliance with subdivision
2(g) of Section 8482.4.

3(9) The application states the targeted number of pupils to be
4served by the program.

5(10) Applicants agree to provide the following information on
6participating pupils to the department:

7(A) Schoolday attendance rates.

8(B) Pupil test scores from the Standardized Testing and
9Reporting Program established under Section 60640, reflecting
10achievement in the areas addressed by required program elements,
11if assessments have been established in that area.

12(C) Program attendance.

13(g) (1) Grantees shall review their after school program plans
14every three years, including, but not limited to, all of the following:

15(A) Program goals. A grantee may specify any new program
16goals that will apply to the following three years during the grant
17renewal process.

18(B) Program content, including the elements identified in
19subdivision (c).

20(C) Outcome measures selected from those identified in
21subdivision (a) of Section 8484 that the grantee will use for the
22next three years.

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

24(E) If the program goals or outcome measures change as a result
25of this review, the grantee shall notify the department in a manner
26prescribed by the department.

27(F) The grantee shall maintain documentation of the after school
28program plan for a minimum of five years.

29(2) The department shall monitor this review as part of its onsite
30monitoring process.

31begin insert

begin insertSEC. 3.end insert  

end insert

begin insertSection 8483.3 of the end insertbegin insertEducation Codeend insertbegin insert, as amended by
32Section 18 of Chapter 380 of the Statutes of 2006, is amended to
33read:end insert

34

8483.3.  

(a) The department shall select applicants to participate
35in the program established pursuant to this article from among
36applicants that apply on forms and in a manner prescribed by the
37department. It is the intent of the Legislature that the manner
38prescribed by the department, to the extent possible, allow for short
39and concise applicant responses. To the extent possible, the
40selection of applicants by the department shall result in an equitable
P11   1distribution of grant awards pursuant to Section 8483.7 to
2applicants in northern, southern, and central California, and in
3urban, suburban, and rural areas of California.

4(b) The department shall consider the following in selecting
5schools to participate in the program established pursuant to this
6article:

7(1) Percentage of pupils eligible for free and reduced lunch.

8(2) Other indicators of need for the program, including, but not
9limited to, socioeconomic status of the neighborhoods in which
10participating pupils reside, the percentage of English language
11learners at the school, and the availability of programs in the
12community in which participating pupils reside.

13(c) The application shall certify all of the following:

14(1) Inclusion of an educational element.

15(2) Inclusion of an enrichment element. These opportunities
16may include arts, career technical education, recreation, technology,
17and other activities to support positive youth development.

18(3) That the program will provide a safe physical and emotional
19environment and opportunities for relationship building, and
20promote active pupil engagement.

21(4) Staff training and development will be provided.

22(5) Integration with the regular schoolday and other extended
23learning opportunities.

24(6) Community collaboration, including, but not limited to,
25demonstrated support of the schoolsite principal and staff.

26(7) Opportunities for physical activity.

27(8) Inclusion of a nutritionalbegin delete snackend deletebegin insert snack, meal, or bothend insert.

28(9) Fiscal accountability.

29(10) Availability of required local matching funds.

30(11) That the program will meet all of the evaluation
31requirements.

32(d) Subdivision (b) does not apply to an applicant school that
33meets the priority criteria described in subdivision (a) of Section
348482.5.

35

begin deleteSEC. 2.end delete
36begin insertSEC. 4.end insert  

Section 35182.5 of the Education Code is amended to
37read:

38

35182.5.  

(a) The Legislature finds and declares all of the
39following:

P12   1(1) State and federal laws require all schools participating in
2meal programs to provide nutritious food and beverages to pupils.

3(2) State and federal laws restrict the sale of food and beverages
4in competition with meal programs to enhance the nutritional goals
5for pupils, and to protect the fiscal and nutritional integrity of the
6school food service programs.

7(3) Parents, pupils, and community members should have the
8opportunity to ensure, through the review of food and beverage
9contracts, that food and beverages sold on school campuses provide
10nutritious sustenance to pupils, promote good health, help pupils
11learn, provide energy, and model fit living for life.

12(b) For purposes of this section, the following terms have the
13following meanings:

14(1) “Nonnutritious beverages” means any beverage that is not
15any of the following:

16(A) Drinking water.

17(B) Milk, including, but not limited to, chocolate milk, soy milk,
18rice milk, and other similar dairy or nondairy milk.

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

21(D) A 100 percent fruit juice, or fruit-based drink that is
22composed of 50 percent or more fruit juice and that has no added
23sweeteners.

24(2) “Added sweetener” means any additive that enhances the
25sweetness of the beverage, including, but not limited to, added
26sugar, but does not include the natural sugar or sugars that are
27contained within any fruit juice that is a component of the beverage.

28(3) “Nonnutritious food” means food that is not sold as part of
29the school breakfast or lunch program as a full meal, and that meets
30any of the following standards:

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

32(B) More than 10 percent of its total calories are from saturated
33fat.

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

37(c) The governing board of a school district shall not do any of
38the following:

39(1) Enter into or renew a contract or permit a school within the
40district to enter into or renew a contract that grants exclusive or
P13   1nonexclusive advertising or grants the right to the exclusive or
2nonexclusive sale of carbonated beverages or nonnutritious
3beverages or nonnutritious food within the district to a person,
4business, or corporation, unless the governing board of the school
5district does all of the following:

6(A) Adopts a policy after a public hearing of the governing
7board to ensure that the district has internal controls in place to
8protect the integrity of the public funds and to ensure that funds
9raised benefit public education, and that the contracts are entered
10into on a competitive basis pursuant to procedures contained in
11Section 20111 of the Public Contract Code or through the issuance
12of a Request for Proposal.

13(B) Provides to parents, guardians, pupils, and members of the
14public the opportunity to comment on the contract by holding a
15public hearing on the contract during a regularly scheduled board
16meeting. The governing board shall clearly, and in a manner
17recognizable to the general public, identify in the agenda the
18contract to be discussed at the meeting.

19(2) Enter into a contract that prohibits a school district employee
20from disparaging the goods or services of the party contracting
21with the governing board.

22(3) Enter into a contract or permit a school within the district
23to enter into a contract for electronic products or services that
24requires the dissemination of advertising to pupils, unless the
25governing board of the school district does all of the following:

26(A) Enters into the contract at a noticed public hearing of the
27governing board.

28(B) Makes a finding that the electronic product or service in
29question is or would be an integral component of the education of
30pupils.

31(C) Makes a finding that the school district cannot afford to
32provide the electronic product or service unless it contracts to
33permit dissemination of advertising to pupils.

34(D) Provides written notice to the parents or guardians of pupils
35that the advertising will be used in the classroom or other learning
36centers. This notice shall be part of the district’s normal ongoing
37communication to parents or guardians.

38(E) Offers the parents the opportunity to request in writing that
39the pupil not be exposed to the program that contains the
40advertising. Any request shall be honored for the school year in
P14   1which it is submitted, or longer if specified, but may be withdrawn
2by the parents or guardians at any time.

3(d) A governing board may meet the public hearing requirement
4set forth in subparagraph (B) of paragraph (1) of subdivision (c)
5for those contracts that grant the right to the exclusive or
6nonexclusive sale of carbonated beverages or nonnutritious
7beverages or nonnutritious food within the district, by an annual
8public hearing to review and discuss existing and potential
9contracts for the sale of food and beverages on campuses, including
10food and beverages sold as full meals, through competitive sales,
11as fundraisers, and through vending machines.

12(1) The public hearing shall include, but not be limited to, a
13discussion of all of the following:

14(A) The nutritional value of food and beverages sold within the
15district.

16(B) The availability of fresh fruit, vegetables, and grains in
17school meals and snacks, including, but not limited to, locally
18grown and organic produce.

19(C) The amount of fat, sugar, and additives in the food and
20beverages discussed.

21(D) Barriers to pupil participation in school breakfast and lunch
22programs.

23(2) A school district that holds an annual public hearing
24consistent with this subdivision is not released from the public
25hearing requirements set forth in subparagraph (B) of paragraph
26(1) of subdivision (c) for those contracts not discussed at the annual
27public hearing.

28(e) The governing board of the school district shall make
29accessible to the public any contract entered into pursuant to
30paragraph (1) of subdivision (c) and may not include in that
31contract a confidentiality clause that would prevent a school or
32school district from making any part of the contract public.

33(f) The governing board of a school district may sell advertising,
34products, or services on a nonexclusive basis.

35(g) The governing board of a school district may post public
36signs indicating the district’s appreciation for the support of a
37person or business for the district’s education program.

38(h) Contracts entered into before January 1, 2004, may remain
39in effect, but may not be renewed if they are in conflict with this
40section.

P15   1begin insert

begin insertSEC. 5.end insert  

end insert

begin insertSection 38085 of the end insertbegin insertEducation Codeend insertbegin insert is repealed.end insert

begin delete
2

38085.  

A minimum of 50 percent of the items, other than foods
3reimbursed under Chapters 13 (commencing with Section 1751)
4and 13A (commencing with Section 1771) of Title 42 of the United
5States Code, offered for sale each schoolday at any schoolsite by
6any entity or organization during regular school hours shall be
7selected from the following list:

8(a) Milk and dairy products, including cheese, yogurt, frozen
9yogurt, and ice cream.

10(b) Full-strength fruit and vegetable juices and fruit drinks
11containing 50 percent or more full-strength fruit juice, and fruit
12nectars containing 35 percent or more full-strength fruit juice.

13(c) Fresh, frozen, canned, and dried fruits and vegetables.

14(d) Nuts, seeds, and nut butters.

15(e) Nonconfection grain products, as defined by regulation of
16the United States Food and Drug Administration, including
17crackers, bread sticks, tortillas, pizza, pretzels, bagels, muffins,
18and popcorn.

19(f) Meat, poultry, and fish, and their products, including beef
20jerky, tacos, meat turnovers, pizza, chili and sandwiches.

21(g) Legumes and legume products, including bean burritos, chili
22beans, bean dip, roasted soy beans, and soups.

23(h) Any foods which would qualify as one of the required food
24components of the Type A lunch which is defined in and
25reimbursable under the National School Lunch Act (Chapter 13
26(commencing with Section 1751) of Title 42 of the United States
27Code).

28For the purposes of this section, “item” shall be defined as each
29separate kind of food offered for sale as a separate unit.

end delete
30

begin deleteSEC. 3.end delete
31begin insertSEC. 6.end insert  

Section 38091 of the Education Code is amended to
32read:

33

38091.  

(a) The cafeteria fund shall be used only for those
34expenditures authorized by the governing board of a school district
35as necessary for the operation of school cafeterias, including, but
36not limited to, expenditures for the lease or purchase of additional
37cafeteria equipment for the kitchen or central food processing
38plant, vending machines and their installation and housing, and
39computer equipment and related software.

P16   1(b) The governing board of any school district, or of two or
2more school districts governed by governing boards of identical
3personnel, may also make expenditures from the cafeteria fund
4for the purchase and installation of additional preparation, cooking,
5or service equipment for a kitchen or central food processing plant,
6including necessary alterations incidental to the installation of the
7equipment, and for the lease or purchase of vehicles used solely
8in connection with the kitchen or central food processing plant.

9

begin deleteSEC. 4.end delete
10begin insertSEC. 7.end insert  

Section 38092 of the Education Code is repealed.

11

begin deleteSEC. 5.end delete
12begin insertSEC. 8.end insert  

Section 38100 of the Education Code is amended to
13read:

14

38100.  

(a) The cost of providing adequate housing for
15cafeterias, including, but not limited to, kitchen facilities, is a
16charge against the funds of the school district. The cost of the lease
17or purchase of cafeteria equipment and of vending machines and
18their installation and housing shall be a charge against cafeteria
19funds, in accordance with Section 38091. However, when the
20governing board of a school district deems it necessary, the
21governing board of a school district may make the cost of the lease
22or purchase of cafeteria equipment for a kitchen or central food
23processing plant, and vending machines and their installation and
24housing a charge against the funds of the school district. If school
25district funds are expended for the lease or purchase of kitchen
26equipment or for the lease, purchase, installation, or housing of
27vending machines, the governing board of the school district may
28at any time during the same fiscal year after the expenditure
29reimburse school district funds from cafeteria funds. The governing
30board of a school district shall only approve reimbursement for
31vending machines if one, or both, of the following apply:

32(1) The vending machines are owned and operated by the school
33food services department, sell meals that qualify for federal meal
34program reimbursement, and are equipped with appropriate point
35of service meal counting software.

36(2) The vending machines sell only food, or only beverages, or
37both that comply with state and federal competitive food laws and
38regulations.

39(b) The governing board of a school district may by resolution
40make the cost of maintenance of the kitchen facilities, the cost of
P17   1replacement or maintenance of kitchen equipment, and costs of
2telephone charges, water, drinking water in the cafeteria, electricity,
3gas, coal, wood, fuel, oil, and garbage disposal related to food
4service and delivery a charge against cafeteria funds, provided that
5the school district complies with all applicable state and federal
6laws and regulations.

7

begin deleteSEC. 6.end delete
8begin insertSEC. 9.end insert  

Section 38102 of the Education Code is repealed.

9

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

Section 49430 of the Education Code is amended to
11read:

12

49430.  

As used in this article, the following terms have the
13following meanings:

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

18(b) “Middle school” means a school operated and maintained
19by a school district or county office of education that maintains
20grade 7 or 8, 7 to 9, inclusive, or 7 to 10, inclusive.

21(c) “High school” means a school operated and maintained by
22a school district or county office of education maintaining any of
23grades 9 to 12, inclusive.

24(d) “Full meal” means a combination of food items that meet
25USDA-approved School Breakfast Program or National School
26Lunch Program meal patternbegin delete requirements or the menu planning
27options of Shaping Health as Partners in Education developed by
28the state (SHAPE California network)end delete
begin insert requirementsend insert.

29(e) “Added sweetener” means an additive other than 100 percent
30fruit juice that enhances the sweetness of a beverage.

31(f) “Sold” means the exchange of food or beverages for money,
32coupons, vouchers, or order forms, when any part of the exchange
33occurs on a school campus.

34(g) “Entrée” means a food that is generally regarded as being
35the primary food in a meal, and shall include, but not be limited
36to, sandwiches, burritos, pasta, and pizza.

37(h) “Snack” means a food that is generally regarded as
38supplementing a meal, including, but not limited to, chips, crackers,
39onion rings, nachos, french fries, donuts, cookies, pastries,
40cinnamon rolls, and candy.

P18   1(i) “Deep fried” means a food item is cooked by total submersion
2in oil or fat.

3(j) “Par fried” means a food item is fried to reach an internal
4temperature of 160 degrees Fahrenheit then is cooled to room
5temperature so that it may be refrigerated or frozen for future
6frying.

7(k) “Flash fried” means a food item is quickly fried on both
8sides in oil with a temperature of 400 degrees Fahrenheit or higher.

9

begin deleteSEC. 8.end delete
10begin insertSEC. 11.end insert  

Section 49431 of the Education Code is amended to
11read:

12

49431.  

(a) (1) From one-half hour before the start of the
13schoolday to one-half hour after the schoolday, at each elementary
14school, the only food that may be sold to a pupil are full meals,
15individually sold dairy or whole grain foods, and individually sold
16portions of nuts, nut butters, seeds, eggs, cheese packaged for
17individual sale, fruit, vegetables that have not been deep fried, and
18legumes.

19(2) An individually sold dairy or whole grain food item, and
20individually sold portions of nuts, nut butters, seeds, eggs, cheese
21packaged for individual sale, fruit, vegetables that have not been
22deep fried, and legumes may be sold to pupils at an elementary
23school, except food sold as part of a USDA meal program, if they
24meet all of the following standards:

25(A) Not more than 35 percent of its total calories shall be from
26fat. This subparagraph shall not apply to individually sold portions
27of nuts, nut butters, seeds, eggs, cheese packaged for individual
28sale, fruit, vegetables that have not been deep fried, or legumes.

29(B) Not more than 10 percent of its total calories shall be from
30saturated fat. This subparagraph shall not apply to eggs or cheese
31packaged for individual sale.

32(C) Not more than 35 percent of its total weight shall be
33composed of sugar, including naturally occurring and added sugar.
34This subparagraph shall not apply to fruit or vegetables that have
35not been deep fried.

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

37(b) An elementary school may permit the sale of food items that
38do not comply with subdivision (a) as part of a school fundraising
39event in either of the following circumstances:

P19   1(1) The sale of those items takes place off of and away from
2school premises.

3(2) The sale of those items takes place on school premises at
4least one-half hour after the end of the schoolday.

5(c) It is the intent of the Legislature that the governing board of
6a school district annually review its compliance with the nutrition
7standards described in this section and Section 49431.5.

8

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

Section 49431.2 of the Education Code is amended
10to read:

11

49431.2.  

(a) From one-half hour before the start of the
12schoolday to one-half hour after the schoolday, snacks sold to a
13pupil in middle school or high school, except food served as part
14of a USDA meal program, shall meet all of the following standards:

15(1) Not more than 35 percent of its total calories shall be from
16fat. This paragraph does not apply to the sale of nuts, nut butters,
17seeds, eggs, cheese packaged for individual sale, fruits, vegetables
18that have not been deep fried, or legumes.

19(2) Not more than 10 percent of its total calories shall be from
20saturated fat. This subparagraph does not apply to eggs or cheese
21packaged for individual sale.

22(3) Not more than 35 percent of its total weight shall be
23composed of sugar, including naturally occurring and added sugars.
24This paragraph does not apply to the sale of fruits or vegetables
25that have not been deep fried.

26(4) No more than 250 calories per individual food item.

27(b) From one-half hour before the start of the schoolday to
28one-half hour after the schoolday, entrée items sold to a pupil in
29middle school or high school, except food served as part of a
30USDA meal program, shall contain no more than 400 calories per
31entrée, and shall contain no more than 4 grams of fat per 100
32calories contained in each entrée.

33(c) A middle school or high school may permit the sale of food
34items that do not comply with subdivision (a) or (b) in any of the
35following circumstances:

36(1) The sale of those items takes place off of and away from
37school premises.

38(2) The sale of those items takes place on school premises at
39least one-half hour after the end of the schoolday.

P20   1(d) It is the intent of the Legislature that the governing board
2of a school district annually review its compliance with the
3nutrition standards described in this section.

4

begin deleteSEC. 10.end delete
5begin insertSEC. 13.end insert  

Section 49431.5 of the Education Code is amended
6to read:

7

49431.5.  

(a) (1) Regardless of the time of day, only the
8following beverages may be sold to a pupil at an elementary school:

9(A) Fruit-based drinks that are composed of no less than 50
10percent fruit juice and have no added sweetener.

11(B) Vegetable-based drinks that are composed of no less than
1250 percent vegetable juice and have no added sweetener.

13(C) Drinking water with no added sweetener.

14(D) begin deleteTwo-percent-fat milk, one-percent-fat end deletebegin insertOne-percent-fat end insertmilk,
15nonfat milk, soy milk, rice milk, and other similar nondairy milk.

16(2) An elementary school may permit the sale of beverages that
17do not comply with paragraph (1) as part of a school fundraising
18event in either of the following circumstances:

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

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

23(3) From one-half hour before the start of the schoolday to
24one-half hour after the end of the schoolday, only the following
25beverages may be sold to a pupil at a middle school or high school:

26(A) Fruit-based drinks that are composed of no less than 50
27percent fruit juice and have no added sweetener.

28(B) Vegetable-based drinks that are composed of no less than
2950 percent vegetable juice and have no added sweetener.

30(C) Drinking water with no added sweetener.

31(D) begin deleteTwo-percent-fat milk, one-percent-fat end deletebegin insertOne-percent-fat end insertmilk,
32nonfat milk, soy milk, rice milk, and other similar nondairy milk.

33(E) An electrolyte replacement beverage that contains no more
34than 42 grams of added sweetener per 20-ounce serving.

35(4) A middle school or high school may permit the sale of
36beverages that do not comply with paragraph (3) as part of a school
37event if the sale of those items meets either of the following
38criteria:

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

P21   1(B) The sale of those items takes place on school premises at
2least one-half hour after the end of the schoolday.

3(b) It is the intent of the Legislature that the governing board
4of a school district annually review its compliance with this section.

5(c) Notwithstanding Article 3 (commencing with Section 33050)
6of Chapter 1 of Part 20 of Division 2, compliance with this section
7may not be waived.

8

begin deleteSEC. 11.end delete
9begin insertSEC. 14.end insert  

Section 49431.7 of the Education Code is amended
10to read:

11

49431.7.  

(a) From one-half hour before the start of the
12schoolday to one-half hour after the end of the schoolday, a school
13or school district shall not sell to pupils enrolled in kindergarten,
14or any of grades 1 to 12, inclusive, food containing artificial trans
15fat, as defined in subdivision (b).

16(b) For purposes of this section, a food contains artificial trans
17fat if a food contains vegetable shortening, margarine, or any kind
18of partially hydrogenated vegetable oil, unless the manufacturer’s
19documentation or the label required on the food, pursuant to
20applicable federal and state law, lists the trans fat content as less
21than 0.5 grams of trans fat per serving.

22(c) This section shall not apply to food provided as part of a
23USDA meal program.

24

begin deleteSEC. 12.end delete
25begin insertSEC. 15.end insert  

Section 49432 of the Education Code is amended to
26read:

27

49432.  

Every public school may post a summary of nutrition
28and physical activity laws and regulations, and shall post the school
29district’s nutrition and physical activity policies, in public view
30within all school cafeterias or other central eating areas. The
31department shall develop the summary of state law and regulations.

32

begin deleteSEC. 13.end delete
33begin insertSEC. 16.end insert  

Section 49433 of the Education Code is repealed.

34

begin deleteSEC. 14.end delete
35begin insertSEC. 17.end insert  

Section 49433.5 of the Education Code is repealed.

36

begin deleteSEC. 15.end delete
37begin insertSEC. 18.end insert  

Section 49433.7 of the Education Code is repealed.

38

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

Section 49433.9 of the Education Code is repealed.

P22   1

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

Section 49434 of the Education Code is repealed.

3

begin deleteSEC. 18.end delete
4begin insertSEC. 21.end insert  

Section 49434 is added to the Education Code, to
5read:

6

49434.  

Compliance with this article shall be monitored by the
7department in conformity with the United States Department of
8Agriculture’s administrative review process, as published in the
9Federal Register, Volume 77, Number 17, on January 26, 2012.

10

begin deleteSEC. 19.end delete
11begin insertSEC. 22.end insert  

Section 49435 of the Education Code is repealed.

12

begin deleteSEC. 20.end delete
13begin insertSEC. 23.end insert  

Section 49436 of the Education Code is repealed.

14begin insert

begin insertSEC. 24.end insert  

end insert

begin insertThe Legislature finds and declares that this act
15furthers the purposes of the After School Education and Safety
16Program Act of 2002.end insert



O

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