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California School Nutrition
Date Activated:
11/05/2009
(Last Updated 11/05/2009)
Contributed By: California Diabetes Program , American Diabetes Association
Author: Lisa Murdock
Contributed By: California Diabetes Program , American Diabetes Association
Author: Lisa Murdock
Existing law prohibits the sale of certain beverages and food items at elementary, middle, and junior high schools. Effective July 1, 2007, the law was revised to include, among other things, portion size restrictions and calories per entree and prohibitions on the sale of certain beverages and food items in high schools. The law also requires the person or persons responsible for implementing this act at each high school to ensure compliance with its provisions. The governing board of a school district must annually review its compliance with certain nutrition standards.
SB 12 (Escutia) amended Sections 49430, 49431, 49433.9, and 49434 of, and added Section 49431.2 to, the Education Code, relating to pupils.
California Education Code
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 a public school that maintains grade 7 or 8, 7 to 9, inclusive, or 7 to 10, inclusive.
(c) "High school" means a public school maintaining any of grades 9 to 12, inclusive.
(d) "Full meal" means a combination of food items that meet USDA-approved School Breakfast Program or National School Lunch Program meal pattern requirements or the menu planning options of Shaping Health as Partners in Education developed by the state (SHAPE California network).
(e) "Added sweetener" means an 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.
(i) "Deep fried" means a food item is cooked by total submersion in oil or fat.
(j) "Par fried" means a food item is fried to reach an internal temperature of 160 degrees Fahrenheit then is cooled to room temperature so that it may be refrigerated or frozen for future frying.
(k) "Flash fried" means a food item is quickly fried on both sides in oil with a temperature of 400 degrees Fahrenheit or higher.
(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 a public school that maintains grade 7 or 8, 7 to 9, inclusive, or 7 to 10, inclusive.
(c) "High school" means a public school maintaining any of grades 9 to 12, inclusive.
(d) "Full meal" means a combination of food items that meet USDA-approved School Breakfast Program or National School Lunch Program meal pattern requirements or the menu planning options of Shaping Health as Partners in Education developed by the state (SHAPE California network).
(e) "Added sweetener" means an 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.
(i) "Deep fried" means a food item is cooked by total submersion in oil or fat.
(j) "Par fried" means a food item is fried to reach an internal temperature of 160 degrees Fahrenheit then is cooled to room temperature so that it may be refrigerated or frozen for future frying.
(k) "Flash fried" means a food item is quickly fried on both sides in oil with a temperature of 400 degrees Fahrenheit or higher.
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.
(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.
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.
(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 for 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 finds to be noncompliant with the mandatory provisions of this article shall adopt, and provide to the Superintendent, 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.
(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 finds to be noncompliant with the mandatory provisions of this article shall adopt, and provide to the Superintendent, 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.
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.
(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.
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