Amended in Senate May 31, 2016

Amended in Senate April 7, 2016

Senate BillNo. 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.

begin delete

Existing

end delete

begin insert(1)end insertbegin insertend insertbegin insertExistingend insert 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 enact the Healthy Food, Healthy Student Act to update state law regarding school nutritional standards 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.

begin delete

Existing

end delete

begin insert(2)end insertbegin insertend insertbegin insertExistingend insert law requires every public school to post the school district’s nutrition and physical activitybegin delete policies,end deletebegin insert policiesend insert 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 wellnessbegin delete policy and make the local school wellness policy and any updates to the policy available to the public on an annual basis,end deletebegin insert policy,end insert thereby imposing a state-mandated local program.

begin delete

The

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begin insert(3)end insertbegin insertend insertbegin insertTheend insert 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:

P2    1

SECTION 1.  

This act shall be known, and may be cited, as the
2Healthy Food, Healthy Student Act.

3

SEC. 2.  

Section 49430 of the Education Code is amended to
4read:

5

49430.  

As used in this article, the following terms have the
6following meanings:

7(a) “Added sweetener” means an additive other than 100 percent
8fruit juice that enhances the sweetness of a beverage.

9(b) “Combination foods” means products that contain two or
10more components representing two or more of the recommended
11food groups: fruit, vegetable, dairy, protein, or grains.

12(c) “Competitive foods” means all food and beverages other
13than meals reimbursed under programs authorized by the federal
14Richard B. Russell National School Lunch Act (Public Law
15113-79) and the federal Child Nutrition Act of 1966 (42 U.S.C.
16Sec. 1771 et seq.) available for sale to pupils on the school campus
17during the schoolday.

P3    1(d) “Deep fried” means a food item that is cooked by total
2submersion in oil or fat.

3(e) “Elementary school” means a school operated and maintained
4by a school district or county office of education that maintains
5any grade from kindergarten to grade 6, inclusive, but no grade
6higher than grade 6.

7(f) “Entrée” means a food that is generally regarded as being
8the primary food in a meal, and shall include, but not be limited
9to, sandwiches, burritos, pasta, and pizza.

10(g) “Flash fried” means a food item that is quickly fried on both
11sides in oil with a temperature of 400 degrees Fahrenheit or higher.

12(h) “High school” means a school operated and maintained by
13a school district or county office of education maintaining any of
14grades 9 to 12, inclusive.

15(i) “Middle school” means a school operated and maintained
16by a school district or county office of education that maintains
17grade 7 or 8, grades 7 to 9, inclusive, or grades 7 to 10, inclusive.

18(j) “Par fried” means a food item that is fried to reach an internal
19temperature of 160 degrees Fahrenheit then it is cooled to room
20temperature so that it may be refrigerated or frozen for future
21frying.

22(k) “School campus” means all areas of the property under the
23jurisdiction of the school that are accessible to pupils during the
24schoolday.

25(l) “Schoolday” means the period from the midnight before to
2630 minutes after the end of the official schoolday.

27(m) “Snack” means a food that is generally regarded as
28supplementing a meal, including, but not limited to, chips, crackers,
29yogurt, cheese, nuts, seeds, fruit, or vegetables.

30(n) “Sold” means the exchange of food or beverages for money,
31coupons, vouchers, or orderbegin delete forms,end deletebegin insert formsend insert when any part of the
32exchange occurs on a school campus.

33

SEC. 3.  

Section 49430.5 of the Education Code is amended to
34read:

35

49430.5.  

(a) The reimbursement a school receives for free and
36reduced-price meals sold or served to pupils in elementary, middle,
37or high schools included within a school district, charter school,
38or county office of education shall be twenty-two and seventy-one
39hundredths cents ($0.2271) per meal, and, for meals served in child
P4    1care centers and homes, the reimbursement shall be sixteen and
2ninety-one hundredths cents ($0.1691) per meal.

3(b) To qualify for the reimbursement for free and reduced-price
4meals provided to pupils in elementary, middle, or high schools,
5a school shall follow the United States Department of Agriculture
6meal pattern.

7(c) The reimbursement rates set forth in this section shall be
8 adjusted annually for increases in cost of living in the same manner
9set forth in Section 42238.1.

10

SEC. 4.  

Section 49430.7 of the Education Code is amended to
11read:

12

49430.7.  

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

14(1) “Child development program” means a program operated
15pursuant to Chapter 2 (commencing with Section 8200) of Part 6
16of Division 1 of Title 1.

17(2) “School” means a school operated and maintained by a
18school district or county office of education, or a charter school.

19(3) “School district” means a school district, charter school, or
20county office of education.

21(b) As a condition of receipt of funds pursuant to Section
2249430.5, commencing with the 2007-08 fiscal year, for meals and
23food items sold as part of the free and reduced-price meal
24programs, a school or school district shall comply with all of the
25following requirements and prohibitions:

26(1) Follow the United States Department of Agriculture meal
27pattern.

28(2) Not sell or serve a food item that has in any way been deep
29fried, par fried, or flash fried by a school or school district.

30(3) Not sell or serve a food item containing artificial trans fat.
31A food item contains artificial trans fat if it contains vegetable
32shortening, margarine, or any kind of hydrogenated or partially
33hydrogenated vegetable oil, unless the manufacturer’s
34documentation or the label required on the food, pursuant to
35applicable federal and state law, lists the trans fat content as less
36than 0.5 grams per serving.

37(4) Not sell or serve a food item that, as part of the
38manufacturing process, has been deep fried, par fried, or flash fried
39in an oil or fat that is prohibited by this paragraph. Oils and fats
40prohibited by this paragraph include, but are not limited to, palm,
P5    1coconut, palm kernel, and lard, typically solid at room temperature
2and are known to negatively impact cardiovascular health. Oils
3permitted by this paragraph include, but are not limited to, canola,
4safflower, sunflower, corn, olive, soybean, peanut, or a blend of
5these oils, typically liquid at room temperature and are known for
6their positive cardiovascular benefit.

7(c) For meals and food items sold as part of the free and
8reduced-price meal programs, a child development program is
9encouraged to comply with all of the following guidelines:

10(1) Meet developmentally and programmatically appropriate
11meal pattern and the United States Department of Agriculture meal
12pattern.

13(2) Not sell or serve a food item that has in any way been deep
14fried, par fried, or flash fried by a school, school district, or child
15development program.

16(3) Not sell or serve a food item containing artificial trans fat.
17A food item contains artificial trans fat if it contains vegetable
18shortening, margarine, or any kind of hydrogenated or partially
19hydrogenated vegetable oil, unless the manufacturer’s
20documentation or the label required on the food, pursuant to
21applicable federal and state law, lists the trans fat content as less
22than 0.5 grams per serving.

23(4) Not sell or serve a food item that, as part of the
24manufacturing process, has been deep fried, par fried, or flash fried
25in an oil or fat prohibited by this paragraph. Oils and fats prohibited
26by this paragraph include, but are not limited to, palm, coconut,
27palm kernel, and lard, typically solid at room temperature and are
28known to negatively impact cardiovascular health. Oils permitted
29by this provision include, but are not limited to, canola, safflower,
30sunflower, corn, olive, soybean, peanut, or a blend of these oils,
31typically liquid at room temperature and are known for their
32positive cardiovascular benefit.

33(d) As a condition of receipt of funds pursuant to Section
3449430.5, schools and school districts shall provide the department
35with an annual certification of compliance with the provisions of
36this section.

37(e) This section shall become operative only upon an
38appropriation for its purposes in the annual Budget Act or another
39statute.

P6    1

SEC. 5.  

Section 49431 of the Education Code is amended to
2read:

3

49431.  

(a) From the midnight before to 30 minutes after the
4end of the official schoolday, at each elementary school, the only
5competitive foods that may be sold to a pupil are fruit, vegetable,
6dairy, protein, or whole grain rich food items; foods with a fruit,
7vegetable, dairy, protein, or whole grain item as its first ingredient;
8or combination foods containing at least one-quarter cup of fruit
9orbegin delete vegetable;end deletebegin insert vegetableend insert that meets the following standards:

10(1) Not more than 35 percent of its total calories shall be from
11fat. This paragraph shall not apply to individually sold portions of
12nuts, nut butters, seeds, seed butters, reduced-fat cheese or part
13skim mozzarella cheese packaged for individual sale, fruits,
14vegetables that have not been deep fried, seafood, or a dried fruit
15 and nut and seed combination.

16(2) Less than 10 percent of its total calories shall be from
17saturated fat. This paragraph shall not apply to reduced-fat cheese
18or part skim mozzarella cheese packaged for individual sale, nuts,
19nut butters, seeds, seed butters, or a dried fruit and nut and seed
20combination.

21(3) Not more than 35 percent of its total weight shall be
22composed of sugar, including naturally occurring and added sugar.
23This paragraph shall not apply to fruits, vegetables that have not
24been deep fried, or a dried fruit and nut and seed combination.

25(4) Contains less than 0.5 grams of trans fat per serving.

26(5) Contains not more than 200 milligrams of sodium per item,
27package, or container sold to a pupil.

28(6) Contains not more than 200 calories per individual food
29item.

30(b) An elementary school may permit the sale of food items that
31do not comply with subdivision (a) as part of a school fundraising
32event in either of the following circumstances:

33(1) The sale of those items takes place off of and away from
34school premises.

35(2) The sale of those items takes place on school premises at
36least one-half hour after the end of the schoolday.

37(c) It is the intent of the Legislature that the governing board of
38a school district annually review its compliance with the nutrition
39standards described in this section and Section 49431.5.

P7    1

SEC. 6.  

Section 49431.2 of the Education Code is amended to
2read:

3

49431.2.  

(a) From the midnight before to 30 minutes after the
4end of the official schoolday, at each middle school or high school,
5the only competitive snack foods that may be sold to a pupil are
6fruit, vegetable, dairy, protein, or whole grain rich food items;
7foods with a fruit, vegetable, dairy, protein, or whole grain item
8as its first ingredient; or combination foods containing at least
9one-quarter cup of fruit orbegin delete vegetable;end deletebegin insert vegetableend insert that meet all of
10the following standards:

11(1) Not more than 35 percent of its total calories shall be from
12fat. This paragraph does not apply to the sale of nuts, nut butters,
13seeds, seed butters, reduced-fat cheese or part skim mozzarella
14cheese packaged for individual sale, fruits, vegetables that have
15not been deep fried, seafood, or a dried fruit and nut and seed
16combination.

17(2) Less than 10 percent of its total calories shall be from
18saturated fat. This paragraph shall not apply to reduced-fat cheese
19or part skim mozzarella cheese packaged for individual sale, nuts,
20nut butters, seeds, seed butters, or a dried fruit and nut and seed
21combination.

22(3) Not more than 35 percent of its total weight shall be
23composed of sugar, including naturally occurring and added sugars.
24This paragraph shall not apply to the sale of fruits, vegetables that
25have not been deep fried, or a dried fruit and nut and seed
26combination.

27(4) Contains less than 0.5 grams of trans fat per serving.

28(5) Contains not more than 200 milligrams of sodium per item,
29package, or container sold to a pupil.

30(6) Contains not more than 200 calories per individual food
31item.

32(b) (1) From the midnight before to 30 minutes after the end
33of the official schoolday, at each middle school or high school, a
34competitive entrée sold by the district food service department the
35day, or the day after, it is served on the federal National School
36Lunch Program or federal School Breakfast Program menu shall
37meet the following standards:

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

39(B) Not more than 35 percent of its total calories shall be from
40fat.

P8    1(C) Contains less than 0.5 grams trans fat per serving.

2(D) Is offered in the same or smaller portion sizes as in the
3federal National School Lunch Program or federal School Breakfast
4Program.

5(2) From the midnight before to 30 minutes after the end of the
6official schoolday, at each middle school or high school, a
7competitive entrée sold by the district food service department but
8not the day, or the day after, it is served on the federal National
9School Lunch Program or federal School Breakfast Program menu,
10or a competitive entrée sold by any other entity, shall meet the
11following standards:

12(A) Not more than 35 percent of its total calories shall be from
13fat.

14(B) Less than 10 percent of its calories shall be from saturated
15fat.

16(C) Not more than 35 percent of its total weight shall be
17composed of sugar, including naturally occurring and added sugar.

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

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

20(F) Contains not more than 350 calories.

21(c) A middle school or high school may permit the sale of food
22items that do not comply with subdivision (a) or (b) in any of the
23following circumstances:

24(1) The sale of those items takes place off of and away from
25school premises.

26(2) The sale of those items takes place on school premises at
27least one-half hour after the end of the schoolday.

28(d) It is the intent of the Legislature that the governing board
29of a school district annually review its compliance with the
30nutrition standards described in this section.

31

SEC. 7.  

Section 49431.5 of the Education Code is amended to
32read:

33

49431.5.  

(a) (1) From the midnight before to 30 minutes after
34the end of the official schoolday, at each elementary or middle
35school, the only competitive beverages that may be sold to a pupil
36are the following:

37(A) Fruit-based drinks that are composed of no less than 50
38percent fruit juice and have no added sweetener in a maximum
39serving size of 8 fluid ounces for elementary school or 12 fluid
40ounces for middle school.

P9    1(B) Vegetable-based drinks that are composed of no less than
250 percent vegetable juice and have no added sweetener in a
3maximum serving size of 8 fluid ounces for elementary school or
412 fluid ounces for middle school.

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

6(D) One-percent-fat unflavored milk, nonfat flavored or
7unflavored milk, soy milk, rice milk, and other similar nondairy
8milk in a maximum serving size of 8 fluid ounces for elementary
9school or 12 fluid ounces for middle school.

10(E) No beverage may contain caffeine with the exception of
11trace amounts of naturally occurring caffeine substances.

12(2) An elementary school or middle school may permit the sale
13of beverages that do not comply with paragraph (1) as part of a
14school fundraising event in either of the following circumstances:

15(A) The sale of those items takes place off and away from the
16premises of the school.

17(B) The sale of those items takes place on school premises at
18least one-half hour after the end of the schoolday.

19(3) From the midnight before to 30 minutes after the end of the
20official schoolday, at each high school, the only competitive
21beverages that may be sold to a pupil are the following:

22(A) Fruit-based drinks that are composed of no less than 50
23percent fruit juice and have no added sweetener in a maximum
24serving size of 12 fluid ounces.

25(B) Vegetable-based drinks that are composed of no less than
2650 percent vegetable juice and have no added sweetener in a
27maximum serving size of 12 fluid ounces.

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

29(D) One-percent-fat unflavored milk, nonfat flavored or
30unflavored milk, soy milk, rice milk, and other similar nondairy
31milk in a maximum serving size of 12 fluid ounces.

32(E) Other beverages that are labeled to contain less than five
33calories per 8 fluid ounces in a maximum serving size of 20 fluid
34ounces.

35(F) Other beverages that are labeled to contain no more than 40
36calories per 8 fluid ounces in a maximum serving size of 12 fluid
37ounces.

38(G) Beverages labeled or commonly referred to as sodas, colas,
39or soft drinks are not allowed.

P10   1(H) begin deleteNo end deletebegin insertA end insertbeveragebegin delete mayend deletebegin insert shall notend insert contain caffeine with the
2exception of trace amounts of naturally occurring caffeine
3substances.

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

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

SEC. 8.  

Section 49431.7 of the Education Code is amended to
17read:

18

49431.7.  

(a) From the midnight before to 30 minutes after the
19end of the official schoolday, a school or school district shall not
20sell to pupils enrolled in kindergarten, or any of grades 1 to 12,
21inclusive, food containing artificial trans fat, as defined in
22subdivision (b).

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

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

31

SEC. 9.  

Section 49432 of the Education Code is amended to
32read:

33

49432.  

Every public school may post a summary of nutrition
34and physical activity laws and regulations, and shall inform the
35public about the content of the school’s local school wellness
36policy, established pursuant to the federal Healthy, Hunger-Free
37Kids Act of 2010 (Public Lawbegin delete 111-296), and make the local school
38wellness policy and any updates to the policy available to the public
39on an annual basis.end delete
begin insert 111-296).end insert The department shall develop the
40summary of state law and regulations.

P11   1

SEC. 10.  

No reimbursement is required by this act pursuant to
2Section 6 of Article XIII B of the California Constitution because
3this act implements a federal law or regulation and results in costs
4mandated by the federal government, within the meaning of Section
5 17556 of the Government Code.

6However, if the Commission on State Mandates determines that
7this act contains other costs mandated by the state, reimbursement
8to local agencies and school districts for those costs shall be made
9pursuant to Part 7 (commencing with Section 17500) of Division
104 of Title 2 of the Government Code.



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