Bill Text: CA AB1746 | 2011-2012 | Regular Session | Introduced

California Assembly Bill 1746 (Prior Session Legislation)

Introduced

Bill Title: Schools: nutrition: beverages.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced - Dead) 2012-05-25 - In committee: Set, second hearing. Held under submission. [AB1746 Detail]

Download: California-2011-AB1746-Introduced.html

BILL NUMBER: AB 1746	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Williams
   (Coauthor: Assembly Member Wieckowski)
   (Coauthors: Senators Alquist and 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.
State-mandated 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.