2005 California Education Code Sections 49430-49436 Act of 2001

49430.  As used in this article, the following terms have the
following meanings:
   (a) "Elementary school" means a public school that maintains any
grade from kindergarten to grade 6, inclusive, but no grade higher
than grade 6.
   (b) "Middle school" means any public school that maintains grade 7
or 8, 7 to 9, inclusive, or 7 to 10, inclusive.
   (c) "High school" means any public school maintaining any of
grades 10 to 12, inclusive.
   (d) "Full meal" means any combination of food items that meet
USDA-approved School Breakfast Program or National School Lunch
Program meal pattern requirements.
   (e) "Added sweetener" means any additive other than 100 percent
fruit juice that enhances the sweetness of a beverage.
   (f) "Sold" means the exchange of food for money, coupons, or
vouchers.
   (g) "Entree" 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.
   (h) "Snack" means a food that is generally regarded as
supplementing a meal, including, but not limited to, chips, crackers,
onion rings, nachos, French fries, donuts, cookies, pastries,
cinnamon rolls, and candy.
49430.3.  Notwithstanding any provisions of law, including, but not
limited to, Chapter 3 (commencing with Section 38080) of Part 23 or
Section 48931, this article shall control over contrary provisions
relating to the sale of food items to public school pupils.
49430.5.  (a) The reimbursement a school receives for free and
reduced price meals sold or served to pupils in elementary or middle
schools shall be increased to twenty-three cents ($0.23).
   (b) Each elementary and middle school shall receive a
reimbursement of ten cents ($0.10) for meals sold at full price.
   (c) To qualify for the increased reimbursement for free and
reduced price meals and for the reimbursement for meals sold at full
price, a school shall follow the United States Department of
Agriculture's Enhanced Food Based Meal Pattern, the United States
Department of Agriculture's Nutrient Standard Meal Planning,
California's SHAPE Menu Patterns, or the USDA Traditional Meal
Pattern.
   (d) 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.
   (e) This section shall become operative on January 1, 2004, only
if moneys are appropriated on or before January 1, 2004, for the
purposes of increased reimbursements pursuant to this article.
49431.  (a) (1) Commencing July 1, 2007, at each elementary school,
the only food that may be sold to a pupil during the school day are
full meals and individually sold portions of nuts, nut butters,
seeds, eggs, cheese packaged for individual sale, fruit, vegetables
that have not been deep fried, and legumes.
   (2) An individually sold dairy or whole grain food item may be
sold to pupils at an elementary school, except food sold as part of a
USDA meal program, if it meets all of the following standards:
   (A) Not more than 35 percent of its total calories shall be from
fat.
   (B) Not more than 10 percent of its total 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) Not more than 175 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 any of the following circumstances:
   (1) The items are sold by pupils of the school and the sale of
those items takes place off of and away from school premises.
   (2) The items are sold by pupils of the school and the sale of
those items takes place 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.
49431.2.  (a) Commencing July 1, 2007, snacks sold to a pupil in
middle, junior, or high school, except food served as part of a USDA
meal program, shall 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, eggs, cheese packaged for individual sale, fruits, vegetables
that have not been deep fried, or legumes.
   (2) Not more than 10 percent of its total calories shall be from
saturated fat. This subparagraph does not apply to eggs or cheese
packaged for individual sale.
   (3) Not more than 35 percent of its total weight shall be composed
of sugar, including naturally occurring and added sugars. This
paragraph does not apply to the sale of fruits or vegetables that
have not been deep fried.
   (4) No more than 250 calories per individual food item.
   (b) Commencing July 1, 2007, entree items sold to a pupil in
middle, junior, or high school, except food served as part of a USDA
meal program, shall contain no more than 400 calories per entree,
shall contain no more than 4 grams of fat per 100 calories contained
in each entree, and shall be categorized as entree items in the
School Breakfast Program or National School Lunch Program.
   (c) A middle, junior, 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.
   (3) The sale of those items occurs during a school-sponsored pupil
activity 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.
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 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).
   (3) 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.
   (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, compliance with this section may not be waived.
49432.  By January 1, 2004, every public school may post a summary
of nutrition and physical activity laws and regulations, and shall
post the school district's nutrition and physical activity policies,
in public view within all school cafeterias or other central eating
areas.  The State Department of Education shall develop the summary
of state law and regulations.
49433.  (a) A school district maintaining at least one elementary or
middle school or high school that is participating in the pilot
program pursuant to Section 49433.7 may convene a Child Nutrition and
Physical Activity Advisory Committee that shall develop and
recommend to the governing board of the school district for its
adoption, school district policies on nutrition and physical
activity.  The committee shall include, but need not be limited to,
school district governing board members, school administrators, food
service directors, food service staff, parents, pupils, physical and
health education teachers, dietitians, health care professionals, and
interested community members.  In developing the policy, the
committee shall hold at least one public hearing.
   (b) The policies shall address issues and goals, including, but
not limited to, all of the following:
   (1) Implementing the nutritional standards set forth in Section
49431.
   (2) Encouraging fundraisers that promote good health habits and
discouraging fundraisers that promote unhealthy foods.
   (3) Ensuring that no pupil is hungry.
   (4) Improving nutritional standards.
   (5) Increasing the availability of fresh fruits and vegetables,
including provisions that encourage schools to make fruits and
vegetables available at all locations where food is sold.
   (6) Ensuring, to the extent possible, that the food served is
fresh.
   (7) Encouraging eligible pupils to participate in the school lunch
program.
   (8) Integrating nutrition and physical activity into the overall
curriculum.
   (9) Ensuring regular professional development for food services
staff.
   (10) Ensuring pupils a minimum of 30 minutes to eat lunch and 20
minutes to eat breakfast, when provided.
   (11) Ensuring pupils engage in healthful levels of vigorous
physical activity.
   (12) Ensuring pupils receive nutrition education.
   (13) Improving the quality of physical education curricula and
increasing training of physical education teachers.
   (14) Enforcing existing physical education requirements.
   (15) Altering the economic structures in place to encourage
healthy eating by pupils and reduce dependency on generating profits
for the school from the sale of unhealthy foods.
   (16) Developing a financing plan to implement the policies.
   (17) Increasing the availability of organic fruits and vegetables
and school gardens.
   (18) Collaborating with local farmers' markets.
   (c) A school district maintaining at least one elementary or
middle school may apply to the State Department of Education for a
grant to offset the costs of developing and adopting policies
pursuant to this section.  The grants shall be one-time grants and
shall be available to applicant school districts by March 1, 2002.
   (d) A participating school district shall receive a grant of no
less than four thousand dollars ($4,000) and no more than twenty-five
thousand dollars ($25,000), depending upon the size of the school
district, for the purpose of offsetting the costs of developing the
school district nutrition and physical activity policies.
49433.5.  The State Department of Education shall provide technical
support and assistance to school districts in implementing Section
49433.  The technical support and assistance shall include, but need
not be limited to, highlighting model nutrition programs,
disseminating information to assist in the financial management of
the food service programs, identifying fundraising mechanisms for
school food services programs and for pupil activities that encourage
healthy eating habits among pupils, and providing information
regarding the current best practices in school child nutrition
programs.
49433.7.  The State Department of Education shall establish a
three-year pilot program in which a total of not less than 10 high
schools, middle schools, or any combination thereof, that apply are
selected to participate.  Although the selection process shall be
essentially random, the selection process shall be weighted so that
the pilot program contains participants that, as a group, are
representative of the geographic diversity of the state.  The pilot
program shall commence in the fall of the 2002-03 school year.
Participating districts will be eligible to receive a grant pursuant
to subdivision (c) of Section 49433.  Districts will be eligible for
an increased reimbursement rate for free and reduced price meals
served at participating high schools as set forth in Section 49430.5.
49433.9.  A school district participating in the pilot program shall
adopt the provisions of Section 49433 and shall comply with all of
the following requirements:
   (a) (1) No beverage other than any of the following shall be sold
to pupils from one-half hour before the start of the schoolday until
one-half hour after the end of the schoolday:
   (A) Fruit-based drinks that are composed of no less than 50
percent fruit juice and that have no added sweeteners.
   (B) Drinking water.
   (C) Milk, including, but not limited to, chocolate milk, soy milk,
rice milk, and other similar dairy or nondairy milk.
   (D) Electrolyte replacement beverages that do not contain more
than 42 grams of added sweetener per 20 ounce serving.
   (2) No carbonated beverage shall be sold to pupils from one-half
hour before the start of the schoolday until one-half hour after the
end of the schoolday.
   (3) (A) Except as set forth in subparagraph (B), no beverage that
exceeds 12 ounces per serving shall be sold to pupils from one-half
hour before the start of the schoolday until one-half hour after the
end of the schoolday.
   (B) The 12-ounce maximum serving requirement does not apply to any
of the following:
   (i) Drinking water.
   (ii) Milk, including, but not limited to, chocolate milk, soy
milk, rice milk, and other similar dairy or nondairy milk.
   (iii) An electrolyte replacement beverage that does not exceed 20
ounces per serving.
   (4) For the purposes of this subdivision, "added sweetener" means
any additive that enhances the sweetness of the beverage, including,
but not limited to, 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.
   (b) No food item shall be sold to pupils from one-half hour before
the start of the schoolday until one-half hour after the end of the
schoolday unless it meets all of the standards set forth in
subparagraphs (A) to (C), inclusive, of paragraph (2) of subdivision
(a) of Section 49431.
   (c) Entree items and side dish serving sizes shall be no larger
than the portions of those foods served as part of the federal school
meal program.
   (d) Fruit and nonfried vegetables shall be offered for sale at any
location where food is sold.
49434.  (a) The Superintendent may monitor school districts of the
statefor compliance with this article as set forth in subdivision
(b).
   (b) Each school district monitored pursuant to subdivision (a)
shall report to the Superintendent in the coordinated review effort
regarding the extent to which it has complied with this article.
   (c) A school district that the Superintendent findsto be
noncompliant with the mandatory provisions of this article shall
adopt, and provide to the Superintendent of , a corrective action
plan that sets forth the actions to be taken by the school district
to ensure that the school district will be in full compliance, within
a time agreed upon between the Superintendent and the school
district that does not exceed one year. Text -- Page 5.
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Text -- Page 5.
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49435.  The State Department of Education, with advice from the
Child Nutrition Advisory Council, shall design and implement a
financial incentive grant program to help and encourage schools to
implement the school district policies and meet the goals described
in subdivision (b) of Section 49433.
49436.  The department shall monitor the implementation of Sections
49431, 49433, 49433.5, 49433.7, and 49433.9 and shall report to the
Legislature by May 1, 2005, its evaluation of all of the following:
   (1) The fiscal impact of the policies and standards developed by
school districts.
   (2) The effect of this article upon school districts and pupils,
including an assessment of pupil responses and related findings.
   (3) Recommendations for improvements or additions.
   (4) The resulting changes in food and beverage sales at schools.