Amended in Senate April 7, 2016

Senate Bill No. 1169

Introduced by Senator McGuire

February 18, 2016

An act to amend Sections 49430, 49430.5, 49430.7, 49431, 49431.2, 49431.5, 49431.7, and 49432 of the Education Code, relating to pupil nutrition.

LEGISLATIVE COUNSEL’S DIGEST

SB 1169, as amended, McGuire. Pupil nutrition: competitive food service and standards.

Existing federal law establishes nutritional standards for all food and beverages other than meals reimbursed under programs authorized by the Richard B. Russell National School Lunch Act and the Child Nutrition Act of 1966 available for sale to pupils on the school campus during the schoolday.

Existing state law establishes nutritional standards for all food and beverages sold or served to pupils in elementary, middle, and high school.

This bill would begin insert enact the Healthy Food, Healthy Student Act to end insert update state law begin insert regarding school nutritional standards end insert to conform to the federal standards. To the extent these changes would impose new duties on school districts and county offices of education, the bill would impose a state-mandated local program.

Existing law requires every public school to post the school district’s nutrition and physical activity policies, in public view within all school cafeterias or other central eating areas.

This bill would, instead, require every public school to inform the public about the content of the school’s local school wellness policy and make the local school wellness policy and any updates to the policy available to the public on an annual basis, thereby imposing a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.

With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert This act shall be known, and may be cited, as the
Healthy Food, Healthy Student Act. end insert

begin delete SECTION 1. end delete

begin insert SEC. 2. end insert   

Section 49430 of the Education Code is amended to
read:

49430.  

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

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

(b) “Combination foods” means products that contain two or
more components representing two or more of the recommended
food groups: fruit, vegetable, dairy, protein, or grains.

(c) “Competitive foods” means all food and beverages other
than meals reimbursed under programs authorized by the federal
Richard B. Russell National School Lunch Act (Public Law
113-79) and the federal Child Nutrition Act of 1966 (42 U.S.C.
Sec. 1771 et seq.) available for sale to pupils on the school campus
during the schoolday.

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

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

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

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

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

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

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

(k) “School campus” means all areas of the property under the
jurisdiction of the school that are accessible to pupils during the
schoolday.

(l) “Schoolday” means the period from the midnight before to
30 minutes after the end of the official schoolday.

(m) “Snack” means a food that is generally regarded as
supplementing a meal, including, but not limited to, chips, crackers,
yogurt, cheese, nuts, seeds, fruit, or vegetables.

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

begin delete SEC. 2. end delete

begin insert SEC. 3. end insert   

Section 49430.5 of the Education Code is amended to
read:

49430.5.  

(a) The reimbursement a school receives for free and
reduced-price meals sold or served to pupils in elementary, middle,
or high schools included within a school district, charter school,
or county office of education shall be twenty-two and seventy-one
hundredths cents ($0.2271) per meal, and, for meals served in child
care centers and homes, the reimbursement shall be sixteen and
ninety-one hundredths cents ($0.1691) per meal.

(b) To qualify for the reimbursement for free and reduced-price
meals provided to pupils in elementary, middle, or high schools,
a school shall follow the United States Department of Agriculture
meal pattern.

(c) The reimbursement rates set forth in this section shall be
adjusted annually for increases in cost of living in the same manner
set forth in Section 42238.1.

begin delete SEC. 3. end delete

begin insert SEC. 4. end insert   

Section 49430.7 of the Education Code is amended to
read:

49430.7.  

(a) For purposes of this section, the following terms
have the following meanings:

(1) “Child development program” means a program operated
pursuant to Chapter 2 (commencing with Section 8200) of Part 6
of Division 1 of Title 1.

(2) “School” means a school operated and maintained by a
school district or county office of education, or a charter school.

(3) “School district” means a school district, charter school, or
county office of education.

(b) As a condition of receipt of funds pursuant to Section
49430.5, commencing with the 2007-08 fiscal year, for meals and
food items sold as part of the free and reduced-price meal
programs, a school or school district shall comply with all of the
following requirements and prohibitions:

(1) Follow the United States Department of Agriculture meal
pattern.

(2) Not sell or serve a food item that has in any way been deep
fried, par fried, or flash fried by a school or school district.

(3) Not sell or serve a food item containing artificial trans fat.
A food item contains artificial trans fat if it contains vegetable
shortening, margarine, or any kind of hydrogenated or partially
hydrogenated vegetable oil, unless the manufacturer’s
documentation or the label required on the food, pursuant to
applicable federal and state law, lists the trans fat content as less
than 0.5 begin delete gram end delete begin insert grams end insert per serving.

(4) Not sell or serve a food item that, as part of the
manufacturing process, has been deep fried, par fried, or flash fried
in an oil or fat that is prohibited by this paragraph. Oils and fats
prohibited by this paragraph include, but are not limited to, palm,
coconut, palm kernel, and lard, typically solid at room temperature
and are known to negatively impact cardiovascular health. Oils
permitted by this paragraph include, but are not limited to, canola,
safflower, sunflower, corn, olive, soybean, peanut, or a blend of
these oils, typically liquid at room temperature and are known for
their positive cardiovascular benefit.

(c) For meals and food items sold as part of the free and
reduced-price meal programs, a child development program is
encouraged to comply with all of the following guidelines:

(1) Meet developmentally and programmatically appropriate
meal pattern and the United States Department of Agriculture meal
pattern.

(2) Not sell or serve a food item that has in any way been deep
fried, par fried, or flash fried by a school, school district, or child
development program.

(3) Not sell or serve a food item containing artificial trans fat.
A food item contains artificial trans fat if it contains vegetable
shortening, margarine, or any kind of hydrogenated or partially
hydrogenated vegetable oil, unless the manufacturer’s
documentation or the label required on the food, pursuant to
applicable federal and state law, lists the trans fat content as less
than 0.5 begin delete gram end delete begin insert grams end insert per serving.

(4) Not sell or serve a food item that, as part of the
manufacturing process, has been deep fried, par fried, or flash fried
in an oil or fat prohibited by this paragraph. Oils and fats prohibited
by this paragraph include, but are not limited to, palm, coconut,
palm kernel, and lard, typically solid at room temperature and are
known to negatively impact cardiovascular health. Oils permitted
by this provision include, but are not limited to, canola, safflower,
sunflower, corn, olive, soybean, peanut, or a blend of these oils,
typically liquid at room temperature and are known for their
positive cardiovascular benefit.

(d) As a condition of receipt of funds pursuant to Section
49430.5, schools and school districts shall provide the department
with an annual certification of compliance with the provisions of
this section.

(e) This section shall become operative only upon an
appropriation for its purposes in the annual Budget Act or another
statute.

begin delete SEC. 4. end delete

begin insert SEC. 5. end insert   

Section 49431 of the Education Code is amended to
read:

49431.  

(a) From the midnight before to 30 minutes after the
end of the official schoolday, at each elementary school, the only
competitive foods that may be sold to a pupil are fruit, vegetable,
dairy, protein, or whole grain rich food items; foods with a fruit,
vegetable, dairy, protein, or whole grain item as its first ingredient;
or combination foods containing at least one-quarter cup of fruit
or vegetable; that meets the following standards:

(1) Not more than 35 percent of its total calories shall be from
fat. This paragraph shall not apply to individually sold portions of
nuts, nut butters, seeds, seed butters, reduced-fat cheese or part
skim mozzarella cheese packaged for individual sale, fruits,
vegetables that have not been deep fried, seafood, or a dried fruit
and nut and seed combination.

(2) Less than 10 percent of its total calories shall be from
saturated fat. This paragraph shall not apply to reduced-fat cheese
or part skim mozzarella cheese packaged for individual sale, nuts,
nut butters, seeds, seed butters, or a dried fruit and nut and seed
combination.

(3) Not more than 35 percent of its total weight shall be
composed of sugar, including naturally occurring and added sugar.
This paragraph shall not apply to fruits, vegetables that have not
been deep fried, or a dried fruit and nut and seed combination.

(4) Contains less than 0.5 grams of trans fat per serving.

(5) Contains not more than 200 milligrams of sodium per item,
package, or container sold to a pupil.

(6) Contains not more than 200 calories per individual food
item.

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

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

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

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

begin delete SEC. 5. end delete

begin insert SEC. 6. end insert   

Section 49431.2 of the Education Code is amended to
read:

49431.2.  

(a) From the midnight before to 30 minutes after the
end of the official schoolday, at each middle school or high school,
the only competitive snack foods that may be sold to a pupil are
fruit, vegetable, dairy, protein, or whole grain rich food items;
foods with a fruit, vegetable, dairy, protein, or whole grain item
as its first ingredient; or combination foods containing at least
one-quarter cup of fruit or vegetable; that meet all of the following
standards:

(1) Not more than 35 percent of its total calories shall be from
fat. This paragraph does not apply to the sale of nuts, nut butters,
seeds, seed butters, reduced-fat cheese or part skim mozzarella
cheese packaged for individual sale, fruits, vegetables that have
not been deep fried, seafood, or a dried fruit and nut and seed
combination.

(2) Less than 10 percent of its total calories shall be from
saturated fat. This paragraph shall not apply to reduced-fat cheese
or part skim mozzarella cheese packaged for individual sale, nuts,
nut butters, seeds, seed butters, or a dried fruit and nut and seed
combination.

(3) Not more than 35 percent of its total weight shall be
composed of sugar, including naturally occurring and added sugars.
This paragraph shall not apply to the sale of fruits, vegetables that
have not been deep fried, or a dried fruit and nut and seed
combination.

(4) Contains less than 0.5 grams of trans fat per serving.

(5) Contains not more than 200 milligrams of sodium per item,
package, or container sold to a pupil.

(6) Contains not more than 200 calories per individual food
item.

(b) (1) From the midnight before to 30 minutes after the end
of the official schoolday, at each middle school or high school, a
competitive entrée sold by the district food service department the
day, or the day after, it is served on the federal National School
Lunch Program or federal School Breakfast Program menu shall
meet the following standards:

(A) Contains not more than 400 calories per entrée item.

(B) Not more than 35 percent of its total calories shall be from
fat.

(C) Contains less than 0.5 grams trans fat per serving.

(D) Is offered in the same or smaller portion sizes as in the
federal National School Lunch Program or federal School Breakfast
Program.

(2) From the midnight before to 30 minutes after the end of the
official schoolday, at each middle school or high school, a
competitive entrée sold by the district food service department but
not the day, or the day after, it is served on the federal National
School Lunch Program or federal School Breakfast Program menu,
or a competitive entrée sold by any other entity, shall meet the
following standards:

(A) Not more than 35 percent of its total calories shall be from
fat.

(B) Less than 10 percent of its calories shall be from saturated
fat.

(C) Not more than 35 percent of its total weight shall be
composed of sugar, including naturally occurring and added sugar.

(D) Contains less than 0.5 grams of trans fat per serving.

(E) Contains not more than 480 milligrams of sodium.

(F) Contains not more than 350 calories.

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

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

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

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

begin delete SEC. 6. end delete

begin insert SEC. 7. end insert   

Section 49431.5 of the Education Code is amended to
read:

49431.5.  

(a) (1) From the midnight before to 30 minutes after
the end of the official schoolday, at each elementary or middle
school, the only competitive beverages that may be sold to a pupil
are the following:

(A) Fruit-based drinks that are composed of no less than 50
percent fruit juice and have no added sweetener in a maximum
serving size of 8 fluid ounces for elementary school or 12 fluid
ounces for middle school.

(B) Vegetable-based drinks that are composed of no less than
50 percent vegetable juice and have no added sweetener in a
maximum serving size of 8 fluid ounces for elementary school or
12 fluid ounces for middle school.

(C) Plain drinking water with no added sweetener or flavor.

(D) One-percent-fat unflavored milk, nonfat flavored or
unflavored milk, soy milk, rice milk, and other similar nondairy
milk in a maximum serving size of 8 fluid ounces for elementary
school or 12 fluid ounces for middle school.

(E) No beverage may contain caffeine with the exception of
trace amounts of naturally occurring caffeine substances.

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

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

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

(3) From the midnight before to 30 minutes after the end of the
official schoolday, at each high school, the only competitive
beverages that may be sold to a pupil are the following:

(A) Fruit-based drinks that are composed of no less than 50
percent fruit juice and have no added sweetener in a maximum
serving size of 12 fluid ounces.

(B) Vegetable-based drinks that are composed of no less than
50 percent vegetable juice and have no added sweetener in a
maximum serving size of 12 fluid ounces.

(C) Plain drinking water with no added sweetener or flavor.

(D) One-percent-fat unflavored milk, nonfat flavored or
unflavored milk, soy milk, rice milk, and other similar nondairy
milk in a maximum serving size of 12 fluid ounces.

(E) Other beverages that are labeled to contain less than five
calories per 8 fluid ounces in a maximum serving size of 20 fluid
ounces.

(F) Other beverages that are labeled to contain no more than 40
calories per 8 fluid ounces in a maximum serving size of 12 fluid
ounces.

(G) Beverages labeled or commonly referred to as sodas, colas,
or soft drinks are not allowed.

(H) No beverage may contain caffeine with the exception of
trace amounts of naturally occurring caffeine substances.

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

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

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

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

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

begin delete SEC. 7. end delete

begin insert SEC. 8. end insert   

Section 49431.7 of the Education Code is amended to
read:

49431.7.  

(a) From the midnight before to 30 minutes after the
end of the official schoolday, a school or school district shall not
sell to pupils enrolled in kindergarten, or any of grades 1 to 12,
inclusive, food containing artificial trans fat, as defined in
subdivision (b).

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

(c) This section shall not apply to food provided as part of a
United States Department of Agriculture meal program.

begin delete SEC. 8. end delete

begin insert SEC. 9. end insert   

Section 49432 of the Education Code is amended to
read:

49432.  

Every public school may post a summary of nutrition
and physical activity laws and regulations, and shall inform the
public about the content of the school’s local school wellness
policy, established pursuant to the federal Healthy, Hunger-Free
Kids Act of 2010 (Public Law 111-296), and make the local school
wellness policy and any updates to the policy available to the public
on an annual basis. The department shall develop the summary of
state law and regulations.

begin delete SEC. 9. end delete

begin insert SEC. 10. end insert   

No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
this act implements a federal law or regulation and results in costs
mandated by the federal government, within the meaning of Section
17556 of the Government Code.

However, if the Commission on State Mandates determines that
this act contains other costs mandated by the state, reimbursement
to local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division
4 of Title 2 of the Government Code.