Amended in Senate July 10, 2013

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 delete Coauthors: end deletebegin insertCoauthors: end insertAssembly Members Pan and Quirk-Silva)

February 20, 2013


An act to amend Sections 8423, 8482.3, 8483.3, 35182.5, 38091, 38100, 49430, 49431, 49431.2, 49431.5, 49431.7, and 49432 of, to repeal Sectionsbegin delete 3808538092, 38102,end deletebegin insert 38085,end insert 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 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.

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.

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

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

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

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

(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.

This bill would repeal these provisions.

(4) 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 forbegin delete aend deletebegin insert theend insert 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 lawbegin delete authorizes the governing board of any school district with an average daily attendance of over 100,000 to allow as an expenditure from its cafeteria fund a share of money, agreed upon pursuant to a contract, that is generated from the joint sale of items between the cafeteria and an associated student body store. Existing lawend delete 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 tobegin 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 body store and toend delete create one or more cafeteria revolving accounts.

(5) 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 schoolbegin insert districtend insert 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 schoolbegin insert districtend insert 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

(6) 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.

end delete
begin delete

This bill would repeal that provision.

end delete
begin delete

(7)

end delete

begin insert(6)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” and “full meal” 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” and “full meal” for purposes of those provisions.

begin delete

(8)

end delete

begin insert(7)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

(9)

end delete

begin insert(8)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 would delete 2%-fat milk from the specified nutritional standards and would delete the provision requiring the items to be sold by pupils of the school.

begin delete

(10)

end delete

begin insert(9)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 would delete 2%-fat milk from the specified nutritional standards and 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.

begin delete

(11)

end delete

begin insert(10)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

(12)

end delete

begin insert(11)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

(13)

end delete

begin insert(12)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

(14)

end delete

begin insert(13)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    1

SECTION 1.  

Section 8423 of the Education Code is amended
2to read:

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 nutritional snack, meal, or both, and a physical
9activity element.

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

12(5) Fiscal accountability.

13

SEC. 2.  

Section 8482.3 of the Education Code is amended to
14read:

15

8482.3.  

(a) The After School Education and Safety Program
16shall be established to serve pupils in kindergarten and grades 1
17to 9, inclusive, at participating public elementary, middle, junior
18high, and charter schools.

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

24(c) begin insert(1)end insertbegin insertend insert Each component of a program established pursuant to
25this article shall consist of the following two elements:

begin delete

26(1)

end delete

27begin insert(A)end insert 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.

begin delete

31(2)

end delete

32begin insert(B)end insert An educational enrichment element, that may include, but
33need not be limited to, fine arts, career technical education,
34recreation, physical fitness, and prevention activities.

begin delete

35(3)

end delete

36begin insert(2)end insert Notwithstanding any other provision of this article, the
37majority of the time spent by a pupil who is in kindergarten or any
38of grades 1 to 9, inclusive, and who is participating in a career
39technical education element of a program established pursuant to
40this article shall be at a site that complies with Section 8484.6.

P9    1(d) (1) Applicants shall agree that snacks made available
2through a program shall conform to the nutrition standards in
3Article 2.5 (commencing with Section 49430) of Chapter 9 of Part
427 of Division 4 of Title 2.

5(2) Applicants shall agree that meals made available through a
6program shall conform to the nutrition standards of the United
7States Department of Agriculture’s at-risk afterschool meal
8component of the Child and Adult Care Food Program (42 U.S.C.
9Sec. 1766).

10(e) Applicants for programs established pursuant to this article
11may include any of the following:

12(1) A local educational agency, including, but not limited to, a
13charter school, the California School for the Deaf (northern
14California), the California School for the Deaf (southern
15California), and the California School for the Blind.

16(2) A city, county, or nonprofit organization in partnership with,
17and with the approval of, a local educational agency or agencies.

18(f) Applicants for grants pursuant to this article shall ensure that
19each of the following requirements is fulfilled, if applicable:

20(1) The application documents the commitments of each partner
21to operate a program on that site or sites.

22(2) The application has been approved by the school district, or
23the charter school governing body, and the principal of each
24participating school for each schoolsite or other site.

25(3) Each partner in the application agrees to share responsibility
26for the quality of the program.

27(4) The application designates the public agency or local
28educational agency partner to act as the fiscal agent. For purposes
29of this section, “public agency” means only a county board of
30supervisors or if the city is incorporated or has a charter, a city
31council.

32(5) Applicants agree to follow all fiscal reporting and auditing
33standards required by the department.

34(6) Applicants agree to incorporate into the program both of the
35elements required pursuant to subdivision (c).

36(7) Applicants agree to provide information to the department
37for the purpose of program evaluation pursuant to Section 8483.55.

38(8) Applicants shall certify that program evaluations will be
39based upon Section 8484 and upon any requirements recommended
40by 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.

31

SEC. 3.  

Section 8483.3 of the Education Code, as amended by
32Section 18 of Chapter 380 of the Statutes of 2006, is amended to
33read:

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 nutritional snack, meal, or both.

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

SEC. 4.  

Section 35182.5 of the Education Code is amended to
36read:

37

35182.5.  

(a) The Legislature finds and declares all of the
38following:

39(1) State and federal laws require all schools participating in
40meal programs to provide nutritious food and beverages to pupils.

P12   1(2) State and federal laws restrict the sale of food and beverages
2in competition with meal programs to enhance the nutritional goals
3for pupils, and to protect the fiscal and nutritional integrity of the
4school food service programs.

5(3) Parents, pupils, and community members should have the
6opportunity to ensure, through the review of food and beverage
7contracts, that food and beverages sold on school campuses provide
8nutritious sustenance to pupils, promote good health, help pupils
9learn, provide energy, and model fit living for life.

10(b) For purposes of this section, the following terms have the
11following meanings:

12(1) “Nonnutritious beverages” means any beverage that is not
13any of the following:

14(A) Drinking water.

15(B) Milk, including, but not limited to, chocolate milk, soy milk,
16rice milk, and other similar dairy or nondairy milk.

17(C) An electrolyte replacement beverage that contains 42 grams
18or less of added sweetener per 20 ounce serving.

19(D) A 100 percent fruit juice, or fruit-based drink that is
20composed of 50 percent or more fruit juice and that has no added
21sweeteners.

22(2) “Added sweetener” means any additive that enhances the
23sweetness of the beverage, including, but not limited to, added
24sugar, but does not include the natural sugar or sugars that are
25contained within any fruit juice that is a component of the beverage.

26(3) “Nonnutritious food” means food that is not sold as part of
27the school breakfast or lunch program as a full meal, and that meets
28any of the following standards:

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

30(B) More than 10 percent of its total calories are from saturated
31fat.

32(C) More than 35 percent of its total weight is composed of
33sugar. This subparagraph does not apply to the sale of fruits or
34vegetables.

35(c) The governing board of a school district shall not do any of
36the following:

37(1) Enter into or renew a contract or permit a school within the
38district to enter into or renew a contract that grants exclusive or
39nonexclusive advertising or grants the right to the exclusive or
40nonexclusive sale of carbonated beverages or nonnutritious
P13   1beverages or nonnutritious food within the district to a person,
2business, or corporation, unless the governing board of the school
3district does all of the following:

4(A) Adopts a policy after a public hearing of the governing
5boardbegin insert of the school districtend insert to ensure that thebegin insert schoolend insert district has
6internal controls in place to protect the integrity of the public funds
7and to ensure that funds raised benefit public education, and that
8the contracts are entered into on a competitive basis pursuant to
9procedures contained in Section 20111 of the Public Contract Code
10or through the issuance of a Request for Proposal.

11(B) Provides to parents, guardians, pupils, and members of the
12public the opportunity to comment on the contract by holding a
13public hearing on the contract during a regularly scheduled board
14meeting. The governing boardbegin insert of the school districtend insert shall clearly,
15and in a manner recognizable to the general public, identify in the
16agenda the contract to be discussed at the meeting.

17(2) Enter into a contract that prohibits a school district employee
18from disparaging the goods or services of the party contracting
19with the governing boardbegin insert of the school districtend insert.

20(3) Enter into a contract or permit a school within the district
21to enter into a contract for electronic products or services that
22requires the dissemination of advertising to pupils, unless the
23governing board of the school district does all of the following:

24(A) Enters into the contract at a noticed public hearing of the
25governing boardbegin insert of the school districtend insert.

26(B) Makes a finding that the electronic product or service in
27question is or would be an integral component of the education of
28pupils.

29(C) Makes a finding that the school district cannot afford to
30provide the electronic product or service unless it contracts to
31permit dissemination of advertising to pupils.

32(D) Provides written notice to the parents or guardians of pupils
33that the advertising will be used in the classroom or other learning
34centers. This notice shall be part of thebegin insert schoolend insert district’s normal
35ongoing communication to parents or guardians.

36(E) Offers the parents the opportunity to request in writing that
37the pupil not be exposed to the program that contains the
38advertising. Any request shall be honored for the school year in
39which it is submitted, or longer if specified, but may be withdrawn
40by the parents or guardians at any time.

P14   1(d) A governing boardbegin insert of the school districtend insert may meet the public
2hearing requirement set forth in subparagraph (B) of paragraph
3(1) of subdivision (c) for those contracts that grant the right to the
4exclusive or nonexclusive sale of carbonated beverages or
5nonnutritious beverages or nonnutritious food within the district,
6by an annual public hearing to review and discuss existing and
7potential contracts for the sale of food and beverages on campuses,
8including food and beverages sold as full meals, through
9competitive sales, as fundraisers, and through vending machines.

10(1) The public hearing shall include, but not be limited to, a
11discussion of all of the following:

12(A) The nutritional value of food and beverages sold within the
13district.

14(B) The availability of fresh fruit, vegetables, and grains in
15school meals and snacks, including, but not limited to, locally
16grown and organic produce.

17(C) The amount of fat, sugar, and additives in the food and
18beverages discussed.

19(D) Barriers to pupil participation in school breakfast and lunch
20programs.

21(2) A school district that holds an annual public hearing
22consistent with this subdivision is not released from the public
23hearing requirements set forth in subparagraph (B) of paragraph
24(1) of subdivision (c) for those contracts not discussed at the annual
25public hearing.

26(e) The governing board of the school district shall make
27accessible to the public any contract entered into pursuant to
28paragraph (1) of subdivision (c) and may not include in that
29contract a confidentiality clause that would prevent a school or
30school district from making any part of the contract public.

31(f) The governing board of a school district may sell advertising,
32products, or services on a nonexclusive basis.

33(g) The governing board of a school district may post public
34signs indicating thebegin insert schoolend insert district’s appreciation for the support
35of a person or business for thebegin insert schoolend insert district’s education program.

36(h) Contracts entered into before January 1, 2004, may remain
37in effect, but may not be renewed if they are in conflict with this
38section.

39

SEC. 5.  

Section 38085 of the Education Code is repealed.

P15   1

SEC. 6.  

Section 38091 of the Education Code is amended to
2read:

3

38091.  

(a) The cafeteria fund shall be used only for those
4expenditures authorized by the governing board of a school district
5as necessary for the operation of school cafeterias, including, but
6not limited to, expenditures for the lease or purchase of additional
7cafeteria equipment for the kitchen or central food processing
8plant, vending machines and their installation and housing, and
9computer equipment and related software.

10(b) The governing board of any school district, or of two or
11more school districts governed by governing boards of identical
12personnel, may also make expenditures from the cafeteria fund
13for the purchase and installation of additional preparation, cooking,
14or service equipment for a kitchen or central food processing plant,
15including necessary alterations incidental to the installation of the
16equipment, and for the lease or purchase of vehicles used solely
17in connection with the kitchen or central food processing plant.

begin delete
18

SEC. 7.  

Section 38092 of the Education Code is repealed.

end delete
19

begin deleteSEC. 8.end delete
20begin insertSEC. 7.end insert  

Section 38100 of the Education Code is amended to
21read:

22

38100.  

(a) The cost of providing adequate housing for
23cafeterias, including, but not limited to, kitchen facilities, is a
24charge against the funds of the school district. The cost of the lease
25or purchase of cafeteria equipment and of vending machines and
26their installation and housing shall be a charge against cafeteria
27funds, in accordance with Section 38091. However, when the
28governing board of a school district deems it necessary, the
29governing board of a school district may make the cost of the lease
30or purchase of cafeteria equipment for a kitchen or central food
31processing plant, and vending machines and their installation and
32housing a charge against the funds of the school district. If school
33district funds are expended for the lease or purchase of kitchen
34equipment or for the lease, purchase, installation, or housing of
35vending machines, the governing board of the school district may
36at any time during the same fiscal year after the expenditure
37reimburse school district funds from cafeteria funds. The governing
38board of a school district shall only approve reimbursement for
39vending machines if one, or both, of the following apply:

P16   1(1) The vending machines are owned and operated by the school
2food services department, sell meals that qualify for federal meal
3program reimbursement, and are equipped with appropriate point
4of service meal counting software.

5(2) The vending machines sell only food, or only beverages, or
6both that comply with state and federal competitive food laws and
7regulations.

8(b) The governing board of a school district may by resolution
9make the cost of maintenance of the kitchen facilities, the cost of
10replacement or maintenance of kitchen equipment, and costs of
11telephone charges, water, drinking water in the cafeteria, electricity,
12gas, coal, wood, fuel, oil, and garbage disposal related to food
13service and delivery a charge against cafeteria funds, provided that
14the school district complies with all applicable state and federal
15laws and regulations.

begin delete
16

SEC. 9.  

Section 38102 of the Education Code is repealed.

end delete
17

begin deleteSEC. 10.end delete
18begin insertSEC. 8.end insert  

Section 49430 of the Education Code is amended to
19read:

20

49430.  

As used in this article, the following terms have the
21following meanings:

22(a) “Elementary school” means a school operated and maintained
23by a school district or county office of education that maintains
24any grade from kindergarten to grade 6, inclusive, but no grade
25higher than grade 6.

26(b) “Middle school” means a school operated and maintained
27by a school district or county office of education that maintains
28grade 7 or 8, 7 to 9, inclusive, or 7 to 10, inclusive.

29(c) “High school” means a school operated and maintained by
30a school district or county office of education maintaining any of
31grades 9 to 12, inclusive.

32(d) “Full meal” means a combination of food items that meet
33USDA-approved School Breakfast Program or National School
34Lunch Program meal pattern requirements.

35(e) “Added sweetener” means an additive other than 100 percent
36fruit juice that enhances the sweetness of a beverage.

37(f) “Sold” means the exchange of food or beverages for money,
38coupons, vouchers, or order forms, when any part of the exchange
39occurs on a school campus.

P17   1(g) “Entrée” means a food that is generally regarded as being
2the primary food in a meal, and shall include, but not be limited
3to, sandwiches, burritos, pasta, and pizza.

4(h) “Snack” means a food that is generally regarded as
5supplementing a meal, including, but not limited to, chips, crackers,
6onion rings, nachos, french fries, donuts, cookies, pastries,
7cinnamon rolls, and candy.

8(i) “Deep fried” means a food item is cooked by total submersion
9in oil or fat.

10(j) “Par fried” means a food item is fried to reach an internal
11temperature of 160 degrees Fahrenheit then is cooled to room
12temperature so that it may be refrigerated or frozen for future
13frying.

14(k) “Flash fried” means a food item is quickly fried on both
15sides in oil with a temperature of 400 degrees Fahrenheit or higher.

16

begin deleteSEC. 11.end delete
17begin insertSEC. 9.end insert  

Section 49431 of the Education Code is amended to
18read:

19

49431.  

(a) (1) From one-half hour before the start of the
20schoolday to one-half hour after the schoolday, at each elementary
21school, the only food that may be sold to a pupil are full meals,
22individually sold dairy or whole grain foods, and individually sold
23portions of nuts, nut butters, seeds, eggs, cheese packaged for
24individual sale, fruit, vegetables that have not been deep fried, and
25legumes.

26(2) An individually sold dairy or whole grain food item, and
27individually sold portions of nuts, nut butters, seeds, eggs, cheese
28packaged for individual sale, fruit, vegetables that have not been
29deep fried, and legumes may be sold to pupils at an elementary
30school, except food sold as part of a USDA meal program, if they
31meet all of the following standards:

32(A) Not more than 35 percent of its total calories shall be from
33fat. This subparagraph shall not apply to individually sold portions
34of nuts, nut butters, seeds, eggs, cheese packaged for individual
35sale, fruit, vegetables that have not been deep fried, or legumes.

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

39(C) Not more than 35 percent of its total weight shall be
40composed of sugar, including naturally occurring and added sugar.
P18   1This subparagraph shall not apply to fruit or vegetables that have
2not been deep fried.

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

4(b) An elementary school may permit the sale of food items that
5do not comply with subdivision (a) as part of a school fundraising
6event in either of the following circumstances:

7(1) The sale of those items takes place off of and away from
8school premises.

9(2) The sale of those items takes place on school premises at
10least one-half hour after the end of the schoolday.

11(c) It is the intent of the Legislature that the governing board of
12a school district annually review its compliance with the nutrition
13standards described in this section and Section 49431.5.

14

begin deleteSEC. 12.end delete
15begin insertSEC. 10.end insert  

Section 49431.2 of the Education Code is amended
16to read:

17

49431.2.  

(a) From one-half hour before the start of the
18schoolday to one-half hour after the schoolday, snacks sold to a
19pupil in middle school or high school, except food served as part
20of a USDA meal program, shall meet all of the following standards:

21(1) Not more than 35 percent of its total calories shall be from
22fat. This paragraph does not apply to the sale of nuts, nut butters,
23seeds, eggs, cheese packaged for individual sale, fruits, vegetables
24that have not been deep fried, or legumes.

25(2) Not more than 10 percent of its total calories shall be from
26saturated fat. Thisbegin delete subparagraphend deletebegin insert paragraphend insert does not apply to eggs
27or cheese packaged for individual sale.

28(3) Not more than 35 percent of its total weight shall be
29composed of sugar, including naturally occurring and added sugars.
30This paragraph does not apply to the sale of fruits or vegetables
31that have not been deep fried.

32(4) No more than 250 calories per individual food item.

33(b) From one-half hour before the start of the schoolday to
34one-half hour after the schoolday, entrée items sold to a pupil in
35middle school or high school, except food served as part of a
36USDA meal program, shall contain no more than 400 calories per
37entrée, and shall contain no more than 4 grams of fat per 100
38calories contained in each entrée.

P19   1(c) A middle school or high school may permit the sale of food
2items that do not comply with subdivision (a) or (b) in any of the
3following circumstances:

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

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

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

11

begin deleteSEC. 13.end delete
12begin insertSEC. 11.end insert  

Section 49431.5 of the Education Code is amended
13to read:

14

49431.5.  

(a) (1) Regardless of the time of day, only the
15following beverages may be sold to a pupil at an elementary school:

16(A) Fruit-based drinks that are composed of no less than 50
17percent fruit juice and have no added sweetener.

18(B) Vegetable-based drinks that are composed of no less than
1950 percent vegetable juice and have no added sweetener.

20(C) Drinking water with no added sweetener.

21(D) One-percent-fat milk, nonfat milk, soy milk, rice milk, and
22other similar nondairy milk.

23(2) An elementary school may permit the sale of beverages that
24do not comply with paragraph (1) as part of a school fundraising
25event in either of the following circumstances:

26(A) The sale of those items takes place off and away from the
27premises of the school.

28(B) The sale of those items takes place on school premises at
29least one-half hour after the end of the schoolday.

30(3) From one-half hour before the start of the schoolday to
31one-half hour after the end of the schoolday, only the following
32beverages may be sold to a pupil at a middle school or high school:

33(A) Fruit-based drinks that are composed of no less than 50
34percent fruit juice and have no added sweetener.

35(B) Vegetable-based drinks that are composed of no less than
3650 percent vegetable juice and have no added sweetener.

37(C) Drinking water with no added sweetener.

38(D) One-percent-fat milk, nonfat milk, soy milk, rice milk, and
39other similar nondairy milk.

P20   1(E) An electrolyte replacement beverage that contains no more
2than 42 grams of added sweetener per 20-ounce serving.

3(4) A middle school or high school may permit the sale of
4beverages that do not comply with paragraph (3) as part of a school
5event if the sale of those items meets either of the following
6criteria:

7(A) The sale of those items takes place off and away from the
8premises of the school.

9(B) The sale of those items takes place on school premises at
10least one-half hour after the end of the schoolday.

11(b) It is the intent of the Legislature that the governing board
12of a school district annually review its compliance with this section.

13(c) Notwithstanding Article 3 (commencing with Section 33050)
14of Chapter 1 of Part 20 of Division 2, compliance with this section
15may not be waived.

16

begin deleteSEC. 14.end delete
17begin insertSEC. 12.end insert  

Section 49431.7 of the Education Code is amended
18to read:

19

49431.7.  

(a) From one-half hour before the start of the
20schoolday to one-half hour after the end of the schoolday, a school
21or school district shall not sell to pupils enrolled in kindergarten,
22or any of grades 1 to 12, inclusive, food containing artificial trans
23fat, as defined in subdivision (b).

24(b) For purposes of this section, a food contains artificial trans
25fat if a food contains vegetable shortening, margarine, or any kind
26of partially hydrogenated vegetable oil, unless the manufacturer’s
27documentation or the label required on the food, pursuant to
28applicable federal and state law, lists the trans fat content as less
29than 0.5 grams of trans fat per serving.

30(c) This section shall not apply to food provided as part of a
31USDA meal program.

32

begin deleteSEC. 15.end delete
33begin insertSEC. 13.end insert  

Section 49432 of the Education Code is amended to
34read:

35

49432.  

Every public school may post a summary of nutrition
36and physical activity laws and regulations, and shall post the school
37district’s nutrition and physical activity policies, in public view
38within all school cafeterias or other central eating areas. The
39department shall develop the summary of state law and regulations.

P21   1

begin deleteSEC. 16.end delete
2begin insertSEC. 14.end insert  

Section 49433 of the Education Code is repealed.

3

begin deleteSEC. 17.end delete
4begin insertSEC. 15.end insert  

Section 49433.5 of the Education Code is repealed.

5

begin deleteSEC. 18.end delete
6begin insertSEC. 16.end insert  

Section 49433.7 of the Education Code is repealed.

7

begin deleteSEC. 19.end delete
8begin insertSEC. 17.end insert  

Section 49433.9 of the Education Code is repealed.

9

begin deleteSEC. 20.end delete
10begin insertSEC. 18.end insert  

Section 49434 of the Education Code is repealed.

11

begin deleteSEC. 21.end delete
12begin insertSEC. 19.end insert  

Section 49434 is added to the Education Code, to
13read:

14

49434.  

Compliance with this article shall be monitored by the
15department in conformity with the United States Department of
16Agriculture’s administrative review process, as published in the
17Federal Register, Volume 77, Number 17, on January 26, 2012.

18

begin deleteSEC. 22.end delete
19begin insertSEC. 20.end insert  

Section 49435 of the Education Code is repealed.

20

begin deleteSEC. 23.end delete
21begin insertSEC. 21.end insert  

Section 49436 of the Education Code is repealed.

22

begin deleteSEC. 24.end delete
23begin insertSEC. 22.end insert  

The Legislature finds and declares that this act furthers
24the purposes of the After School Education and Safety Program
25Act of 2002.



O

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