BILL ANALYSIS                                                                                                                                                                                                    

                                                                  AB 626
                                                                  Page  1

          AB 626 (Skinner and Lowenthal)
          As Amended  July 10, 2013
          Majority vote
          |ASSEMBLY:  |72-3 |(May 28, 2013)  |SENATE: |39-0 |(September 9,  |
          |           |     |                |        |     |2013)          |
           Original Committee Reference:    ED.  

           SUMMARY  :  Makes changes to school nutrition requirements, as  

           The Senate amendments  :

          1)Specify that the California Department of Education (CDE), in  
            selecting grantees to participate in the 21st Century High  
            School After School Safety and Enrichment for Teens program,  
            shall consider the inclusion of a nutritional snack, meal, or  

          2)Delete the provision requiring a minimum of 50% of the items,  
            other than reimbursed foods, offered for sale each school day  
            at any school site by any entity or organization during  
            regular school hours be selected from a specified list.

          3)Delete the authorization for 2% milk to be sold in elementary,  
            middle and high schools.

          4)Make non-substantive technical and conforming changes.

           FISCAL EFFECT  :  According to the Senate Appropriations  
          Committee, the majority of the provisions of this bill make  
          changes to local authority and program requirements implemented  
          at the local level, for participating schools and school  
          districts. These changes are unlikely to drive any significant  
          new cost to the state.  Those being changed to comply with  
          federal law could result in additional costs to school  
          districts, but are conditions of their participation in a  
          program for which they receive federal funding.  Compliance  
          monitoring:  Potentially significant increased staffing costs  
          (Federal Funds) for the CDE to provide program compliance  
          monitoring. See Senate Appropriations Committee's staff  


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           COMMENTS  :   

           Federal Healthy, Hunger-Free Kids Act of 2010  .  This bill comes  
          at the same time as a major overhaul of federal nutrition  
          standards for the National School Lunch Program (NSLP). The  
          federal Healthy, Hunger-Free Kids Act of 2010, which was signed  
          into law by President Obama in December of 2010, makes the first  
          significant changes to the nutritional regulations over the NSLP  
          since 1995.  In January 2012, the United States Department of  
          Agriculture released the Final Rule Nutrition Standards for the  
          National School Lunch and School Breakfast Programs in  
          accordance with the new federal legislation.  As part of the new  
          regulations, schools are required to serve food options that  
          align with meal patterns specifying acceptable quantities of  
          different types of food.  The Institute of Medicine recently  
          identified such an approach as a method to increase the amount  
          of fruits and vegetables individuals eat while decreasing the  
          level of saturated fat, sodium and carbohydrates.  As a result  
          of the new meal patterns, schools must provide students enough  
          servings of the appropriate food categories as required by the  
          Final Rule Nutrition Standards.  This bill makes changes to  
          current state laws in order to comply with the new federal laws  
          and regulations set forth by the Healthy, Hunger-Free Kids Act  
          of 2010.  

           Federal Compliance and Code Clean-Up  . This bill makes several  
          changes to bring California's school cafeteria and nutrition  
          laws into compliance with the recent changes in federal  
          nutrition regulations in addition to making several substantive  
          changes that are not specifically related to the federal  
          compliance issues. The compliance changes include those  
          involving the co-mingling of cafeteria fund accounts and those  
          specifying that cafeteria funds cannot be used to purchase land  
          or otherwise modernize cafeteria buildings.  Existing law  
          authorizes the sale of specified beverages from 30 minutes  
          before the start of the school day until 30 minutes after the  
          end of the school day. This measure specifies that only food  
          items that meet the state and federal nutrition standards may  
          also be sold from 30 minutes before the start of the school day  
          until 30 minutes after the end of the school day.  The bill also  
          specifies that if food sales are at least 30 minutes after the  
          end of the school day, students do not need to sell the food to  
          comply.  The bill also authorizes afterschool programs to serve  


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          meals in addition to snacks, and specifies that those meals must  
          meet specified nutrition requirements.  Further the bill makes  
          several changes to the law to clean up duplicative and obsolete  
          code sections.  The measure deletes references to a school  
          nutrition pilot program that was previously funded and ended in  
          2004.  Lastly the bill specifies that school nutrition programs  
          shall be monitored by the California Department of Education  
          (CDE) in conformity with the United States Department of  
          Agriculture's administrative review process.

          Analysis Prepared by  :    Chelsea Kelley / ED. / (916) 319-2087 

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