BILL NUMBER: SB 1255	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Padilla

                        FEBRUARY 19, 2010

   An act to amend Section 49431.5 of the Education Code, relating to
schools.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1255, as introduced, Padilla. Schools: nutrition: beverages.
   Existing law permits the sale of only certain beverages to pupils
at schools. The beverages that may be sold include fruit-based and
vegetable-based drinks, drinking water, milk, and an electrolyte
replacement beverage if those beverages meet certain nutritional
requirements.
   This bill, commencing July 1, 2011, would remove electrolyte
replacement beverages from those beverages that may be sold at
schools at specified times.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 49431.5 of the Education Code is amended to
read:
   49431.5.  (a) (1) Regardless of the time of day, only the
following beverages may be sold to a pupil at an elementary school:
   (A) Fruit-based drinks that are composed of no less than 50
percent fruit juice and have no added sweetener.
   (B) Vegetable-based drinks that are composed of no less than 50
percent vegetable juice and have no added sweetener.
   (C) Drinking water with no added sweetener.
   (D) Two-percent-fat milk, one-percent-fat milk, nonfat milk, soy
milk, rice milk, and other similar nondairy milk.
   (2) An elementary school may permit the sale of beverages that do
not comply with paragraph (1) as part of a school fundraising event
in any of the following circumstances:
   (A) The items are sold by pupils of the school and the sale of
those items takes place off and away from the premises of the school.

   (B) The items are sold by pupils of the school and the sale of
those items takes place one-half hour or more after the end of the
schoolday.
   (3) From one-half hour before the start of the schoolday to
one-half hour after the end of the schoolday, only the following
beverages may be sold to a pupil at a middle or junior high school:
   (A) Fruit-based drinks that are composed of no less than 50
percent fruit juice and have no added sweetener.
   (B) Vegetable-based drinks that are composed of no less than 50
percent vegetable juice and have no added sweetener.
   (C) Drinking water with no added sweetener.
   (D) Two-percent-fat milk, one-percent-fat milk, nonfat milk, soy
milk, rice milk, and other similar nondairy milk.
   (E) An electrolyte replacement beverage that contains no more than
42 grams of added sweetener per 20-ounce serving.
   (4) A middle or junior 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 all of the following criteria:

   (A) The sale occurs during a school-sponsored event and takes
place at the location of that event at least one-half hour after the
end of the schoolday.
   (B) Vending machines, pupil stores, and cafeterias are used later
than one-half hour after the end of the schoolday.
   (5) This subdivision does not prohibit an elementary, or middle or
junior high school from making available through a vending machine
any beverage allowed under paragraph (1) or (3) at any time of day,
or, in middle and junior high schools, any beverage that does not
comply with paragraph (3) if the beverage only is available not later
than one-half hour before the start of the schoolday and not sooner
than one-half hour after the end of the schoolday.
   (b) (1)  Commencing July 1, 2007, no less than 50 percent
of all beverages sold to a pupil from one-half hour before the start
of the schoolday until one-half hour after the end of the schoolday
shall be those enumerated by paragraph (3). 
    (2)     Commencing July
1, 2009, all   All  beverages sold to a pupil from
one-half hour before the start of the schoolday until one-half hour
after the end of the schoolday shall be those enumerated by paragraph
 (3)   (2)  . 
   (3) 
    (2)  Beverages allowed under this subdivision are all of
the following:
   (A) Fruit-based drinks that are composed of no less than 50
percent fruit juice and have no added sweetener.
   (B) Vegetable-based drinks that are composed of no less than 50
percent vegetable juice and have no added sweetener.
   (C) Drinking water with no added sweetener.
   (D) Two-percent-fat milk, one-percent-fat milk, nonfat milk, soy
milk, rice milk, and other similar nondairy milk.
   (E) An electrolyte replacement beverage that contains no more than
42 grams of added sweetener per 20-ounce serving. 
   (3) Notwithstanding paragraphs (1) and (2) and paragraph (3) of
subdivision (a), commencing on July 1, 2011, electrolyte replacement
beverages shall not be sold to a pupil from one-half hour before the
start of the schoolday until one-half hour after the end of the
schoolday. 
   (c) For the purposes of this section, the following terms have the
following meanings:
   (1) "Added sweetener" means any additive that enhances the
sweetness of the beverage, including added sugar, but does not
include the natural sugar or sugars that are contained within the
fruit juice which is a component of the beverage.
   (2) "Sale of beverages" means the exchange of a beverage for
money, coupons, or vouchers.
   (d) It is the intent of the Legislature that the governing board
of a school district annually review its compliance with this
section.
   (e) Notwithstanding Article 3 (commencing with Section 33050) of
Chapter 1 of Part 20  of Division 2  , compliance with this
section may not be waived.