Today's Law As Amended

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AB-1746 Schools: nutrition: beverages.(2011-2012)



SECTION 1.

 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  Regardless of the time of day, only the following beverages  may be sold to a pupil are the following: at an elementary school: 
(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. sweetener. 
(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. sweetener. 
(C) Plain water or plain carbonated water. Drinking water with no added sweetener. 
(D) One-percent-fat unflavored milk, nonfat flavored or unflavored  Two-percent-fat milk, one-percent-fat milk, nonfat  milk, soy milk, rice milk, almond 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. milk. 
(E) A beverage shall not 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 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 on school premises at least  one-half hour or more  after the end of the schoolday.
(3) From the midnight before to 30 minutes one-half hour before the start of the schoolday to one-half hour  after the end of the official schoolday, at each high school, the only competitive beverages that  schoolday, only the following beverages  may be sold to a pupil are the following: at a middle school or high school: 
(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. sweetener. 
(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. sweetener. 
(C) Plain water or plain carbonated water. Drinking water with no added sweetener. 
(D) One-percent-fat unflavored milk, nonfat flavored or unflavored  Two-percent-fat milk, one-percent-fat milk, nonfat  milk, soy milk, rice milk, almond milk,  and other similar nondairy milk in a maximum serving size of 12 fluid ounces. milk. 
(E) Flavored water or flavored carbonated water with no added sweetener that is labeled to contain less than 5 calories per 8 fluid ounces in a maximum serving size of 20 fluid ounces.
(F) Flavored water or flavored carbonated water with no added sweetener that is labeled to contain no more than 40 calories per 8 fluid ounces in a maximum serving size of 12 fluid ounces.
(G) Electrolyte replacement beverages that are labeled to contain less than 5 calories per 8 fluid ounces in a maximum serving size of 20 fluid ounces.
(H) (E)  Electrolyte  An electrolyte  replacement beverages that are labeled to contain  beverage that contains  no more than 40 calories per 8 fluid ounces in a maximum serving size of 12 fluid ounces. 42 grams of added sweetener per 20-ounce serving. 
(I) Beverages labeled or commonly referred to as sodas, colas, or soft drinks are not allowed.
(J) A beverage shall not contain caffeine with the exception of trace amounts of naturally occurring caffeine substances.
(4) A middle school or  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 all  of the following criteria:
(A) The sale of those items takes place off and away from the premises of the school. 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.
(B) (5)  The sale of those items takes place on school premises at least one-half hour  This subdivision does not prohibit an elementary school, middle school, or 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 schools and 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) For 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 that is a component of the beverage.
(2) “Sale of beverages” means the exchange of a beverage for money, coupons, or vouchers.
(b) (c)  It is the intent of the Legislature that the governing board of a school district annually review its compliance with this section.
(c) (d)  Notwithstanding Article 3 (commencing with Section 33050) of Chapter 1 of Part 20 of Division 2, compliance with this section shall may  not be waived.
(e) This section shall become inoperative on July 1, 2013, and, as of January 1, 2014, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2014, deletes or extends the dates on which it becomes inoperative and is repealed.

SEC. 2.

 Section 49431.5 is added to the Education Code, to read:

49431.5.
 (a) (1) All beverages sold to elementary school pupils regardless of the time of day, and to middle school and high school pupils 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 (2).
(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.
(b) An electrolyte replacement beverage that contains no more than 42 grams of added sweetener per 20-ounce serving may be sold to middle school and high school pupils prior to one-half hour before school and after one-half hour after school.
(c) Notwithstanding subdivision (a), an elementary school may permit the sale of beverages that do not comply with paragraph (2) of subdivision (a) as part of a school fundraising event in either 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 the premises of the school.
(2) 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.
(d) Notwithstanding subdivision (a), a middle school or high school may permit the sale of beverages that do not comply with paragraph (2) of subdivision (a) as part of a school event if the sale of those items meets both of the following criteria:
(1) 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.
(2) Vending machines, pupil stores, and cafeterias are used later than one-half hour after the end of the schoolday.
(e) (1) This section does not prohibit a school from making available through a vending machine any beverage allowed under paragraph (2) of subdivision (a) at any time of day.
(2) This section does not prohibit a middle school or high school from making available through a vending machine any beverage that does not comply with paragraph (2) of subdivision (a) if the beverage is only 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.
(f) For 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 that is a component of the beverage.
(2) “Sale of beverages” means the exchange of a beverage for money, coupons, or vouchers.
(g) It is the intent of the Legislature that the governing board of a school district annually review its compliance with this section.
(h) Notwithstanding Article 3 (commencing with Section 33050) of Chapter 1 of Part 20 of Division 2, compliance with this section may not be waived.
(i) This section shall become operative on July 1, 2013.