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



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AB1746:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2011–2012 REGULAR SESSION

Assembly Bill
No. 1746


Introduced  by  Assembly Member Williams
(Coauthor(s): Assembly Member Wieckowski)
(Coauthor(s): Senator Alquist, Pavley)

February 17, 2012


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


LEGISLATIVE COUNSEL'S DIGEST


AB 1746, as introduced, Williams. 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, in middle and junior high schools, an electrolyte replacement beverage if those beverages meet certain nutritional requirements.
This bill, commencing July 1, 2013, would recast those provisions and would restrict the sale of electrolyte replacement beverages in middle schools and high schools to specified times before and after school.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   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 school 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 school 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 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 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)

(b) 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 that is a component of the beverage.
(2) “Sale of beverages” means the exchange of a beverage for money, coupons, or vouchers.

(d)

(c) It is the intent of the Legislature that the governing board of a school district annually review its compliance with this section.

(e)

(d) Notwithstanding Article 3 (commencing with Section 33050) of Chapter 1 of Part 20 of Division 2, compliance with this section 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.