49431.5.
(a) Commencing July 1, 2004, regardless of the time of day, beverages, other than water, milk, 100 percent fruit juices, or fruit-based drinks that are composed of no less than 50 percent fruit juice and have no added sweeteners, may not be sold to a pupil at an elementary school.(b) An elementary school may permit the sale of beverages 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 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.
(c) Commencing July 1, 2004, 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:
(1) Fruit-based drinks that are composed of no less than 50 percent fruit juice and have no added sweeteners.
(2) Drinking water.
(3) Milk, including, but not limited to, chocolate milk, soy milk, rice milk, and other similar dairy or nondairy milk.
(4) An electrolyte replacement beverage that contains no more than 42 grams of added sweetener per 20-ounce serving.
(d) A middle or junior high school may permit the sale of beverages that do not comply with subdivision (c) as part of a school event if the sale of those items meets all of the following criteria:
(1) The sale occurs during a school-sponsored event and takes place at the location of that event after the end of the schoolday.
(2) Vending machines, pupil stores, and cafeterias are not used no sooner than one-half hour after the end of the schoolday.
(e) This section does not prohibit an elementary, middle or junior high school from making available through a vending machine any beverage allowed under subdivision (a) or (c) at any time of day, or, in middle and junior high schools, any product that does not comply with subdivision (c) if the product 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.
(f) For the purposes of this section, “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.
(g) Notwithstanding Article 3 (commencing with Section 33050) of Chapter 1 of Part 20, compliance with this section may not be waived.