Bill Text: CA AB2316 | 2023-2024 | Regular Session | Amended
Bill Title: Pupil nutrition: substances: prohibition.
Spectrum: Bipartisan Bill
Status: (Introduced) 2024-04-24 - From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 1.) (April 23). Re-referred to Com. on APPR. [AB2316 Detail]
Download: California-2023-AB2316-Amended.html
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Amended
IN
Assembly
April 08, 2024 |
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Amended
IN
Assembly
March 11, 2024 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Assembly Bill
No. 2316
| Introduced by Assembly Member Gabriel (Coauthor: Assembly Member Waldron) |
February 12, 2024 |
An act to amend Sections 49431, 49431.2, 49431.5, 49501.5, and 49531 of, and to add Section 49430.4 to, the Education Code, relating to pupil nutrition.
LEGISLATIVE COUNSEL'S DIGEST
AB 2316, as amended, Gabriel.
Pupil nutrition: substances: prohibition.
Existing law requires the State Department of Education to develop and maintain nutrition guidelines for school lunches and breakfasts, and for all food and beverages sold on public school campuses. Existing law requires those nutrition guidelines to be consistent with the requirements for a nutritionally adequate breakfast and a nutritionally adequate lunch. Existing law defines a nutritionally adequate breakfast and a nutritionally adequate lunch for these purposes to mean those that qualify for reimbursement under the most current meal pattern for the federal School Breakfast Program and the federal National School Lunch Program, respectively.
Existing law requires a school district, county superintendent of schools, or charter school maintaining kindergarten or any of grades 1 to 12, inclusive, to make available a nutritionally adequate
breakfast and a nutritionally adequate lunch, free of charge, during each schoolday to any pupil who requests a meal without consideration of the pupil’s eligibility for a federally funded free or reduced-price meal. Existing law authorizes a school, from the midnight before to 30 minutes after the end of the official schoolday, to sell food and beverages other than meals reimbursed by specified federal nutrition programs, only if the food meets or beverages meet dietary guidelines, as specified, depending on grade level.
This bill, notwithstanding any other law, commencing July 1, 2025,
would prohibit a public school, defined as a school operated by a school district or county office of education, a charter school, and the state special schools, from offering, selling, or otherwise providing any food food, except for food items sold as part of a school fundraising event, as specified, containing specified substances, including, among others, red 40 and titanium dioxide, as provided. To the extent this bill would impose additional requirements on public schools, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 49430.4 is added to the Education Code, to read:49430.4.
(a) Notwithstanding any other law, commencing on July 1, 2025, a public school shall not offer, sell, or otherwise provide any food containing any of the following substances:(1) Blue 1 (CAS 3844-45-9).
(2) Blue 2 (CAS 860-22-0).
(3) Green 3 (CAS 2353-45-9).
(4) Red 40 (CAS 25956-17-6).
(5) Titanium dioxide (CAS 13463-67-7).
(6) Yellow 5 (CAS 1934-21-0).
(7) Yellow 6 (CAS 2783-94-0).
(b) A public school may permit the sale of food items that do not comply with subdivision (a) as part of a school fundraising event in either 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.
(b)
(c) For purposes of this section, the following definitions apply:
(1) “Food” has the same meaning as in Section 109935 of the Health and Safety Code.
(2) “Public school” means a school operated by a school district or county office of education, a charter school, and the state special schools.
SEC. 2.
Section 49431 of the Education Code is amended to read:49431.
(a) From the midnight before to 30 minutes after the end of the official schoolday, at each elementary school, the only competitive foods that may be sold to a pupil are fruit, vegetable, dairy, protein, or whole grain rich food items; foods with a fruit, vegetable, dairy, protein, or whole grain item as its first ingredient; or combination foods containing at least one-quarter cup of fruit or vegetable that meets the following standards:(1) Not more than 35 percent of its total calories shall be from fat. This paragraph shall not apply to individually sold portions of nuts, nut butters, seeds, seed butters, reduced-fat cheese or part skim mozzarella cheese packaged for individual sale,
eggs, fruits, vegetables that have not been deep fried, seafood, or a dried fruit and nut and seed combination.
(2) Less than 10 percent of its total calories shall be from saturated fat. This paragraph shall not apply to reduced-fat cheese or part skim mozzarella cheese packaged for individual sale, eggs, nuts, nut butters, seeds, seed butters, or a dried fruit and nut and seed combination.
(3) Not more than 35 percent of its total weight shall be composed of sugar, including naturally occurring and added sugar. This paragraph shall not apply to fruits, vegetables that have not been deep fried, or a dried fruit and nut and seed combination.
(4) Contains less than 0.5 grams of trans fat per serving.
(5) Contains not more than 200 milligrams of sodium per item, package, or container sold to a pupil.
(6) Contains not more than 200 calories per individual food item.
(7) Does Commencing July 1, 2025, does not contain any of the following substances:
(A) Blue 1 (CAS 3844-45-9).
(B) Blue 2 (CAS 860-22-0).
(C) Green 3 (CAS 2353-45-9).
(D) Red 40 (CAS 25956-17-6).
(E) Titanium dioxide (CAS 13463-67-7).
(F) Yellow 5 (CAS 1934-21-0).
(G) Yellow 6 (CAS 2783-94-0).
(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 either 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.
(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.
(d) Nothing in this section shall be construed to prohibit a school from selling to a pupil, after the pupil has been provided a school meal pursuant to Section 49501.5, the entrée from an additional nutritiously adequate meal that qualifies for federal reimbursement, from the same meal service.
SEC. 3.
Section 49431.2 of the Education Code is amended to read:49431.2.
(a) From the midnight before to 30 minutes after the end of the official schoolday, at each middle school or high school, the only competitive snack foods that may be sold to a pupil are fruit, vegetable, dairy, protein, or whole grain rich food items; foods with a fruit, vegetable, dairy, protein, or whole grain item as its first ingredient; or combination foods containing at least one-quarter cup of fruit or vegetable that 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, seed butters, reduced-fat cheese or part skim mozzarella cheese packaged for
individual sale, eggs, fruits, vegetables that have not been deep fried, seafood, or a dried fruit and nut and seed combination.
(2) Less than 10 percent of its total calories shall be from saturated fat. This paragraph shall not apply to reduced-fat cheese or part skim mozzarella cheese packaged for individual sale, eggs, nuts, nut butters, seeds, seed butters, or a dried fruit and nut and seed combination.
(3) Not more than 35 percent of its total weight shall be composed of sugar, including naturally occurring and added sugars. This paragraph shall not apply to the sale of fruits, vegetables that have not been deep fried, or a dried fruit and nut and seed combination.
(4) Contains less than 0.5 grams of trans fat
per serving.
(5) Contains not more than 200 milligrams of sodium per item, package, or container sold to a pupil.
(6) Contains not more than 200 calories per individual food item.
(7) Does Commencing July 1, 2025, does not contain any of the following substances:
(A) Blue 1 (CAS 3844-45-9).
(B) Blue 2 (CAS 860-22-0).
(C) Green 3 (CAS 2353-45-9).
(D) Red 40 (CAS 25956-17-6).
(E) Titanium dioxide (CAS 13463-67-7).
(F) Yellow 5 (CAS 1934-21-0).
(G) Yellow 6 (CAS 2783-94-0).
(b) (1) From the midnight before to 30 minutes after the end of the official schoolday, at each middle school or high school, a competitive entrée sold by the district food service department the day, or the day after, it is served on the federal National School Lunch Program or federal School Breakfast Program menu shall meet the following standards:
(A) Contains not more than 400 calories per
entrée item.
(B) Not more than 35 percent of its total calories shall be from fat.
(C) Contains less than 0.5 grams trans fat per serving.
(D) Is offered in the same or smaller portion sizes as in the federal National School Lunch Program or federal School Breakfast Program.
(E) Does Commencing July 1, 2025, does not contain any of the following substances:
(i) Blue 1 (CAS 3844-45-9).
(ii) Blue 2 (CAS 860-22-0).
(iii) Green 3 (CAS 2353-45-9).
(iv) Red 40 (CAS 25956-17-6).
(v) Titanium dioxide (CAS 13463-67-7).
(vi) Yellow 5 (CAS 1934-21-0).
(vii) Yellow 6 (CAS 2783-94-0).
(2) From the midnight before to 30 minutes after the end of the official schoolday, at each middle school or high school, a competitive entrée sold by the district food service department but not the day, or the day after, it is served on the federal National School Lunch Program or federal School Breakfast Program menu, or a competitive entrée
sold by any other entity, shall meet the following standards:
(A) Not more than 35 percent of its total calories shall be from fat.
(B) Less than 10 percent of its 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) Contains less than 0.5 grams of trans fat per serving.
(E) Contains not more than 480 milligrams of sodium.
(F) Contains not more than 350 calories.
(G) Does Commencing July 1, 2025, does not contain any of the following substances:
(i) Blue 1 (CAS 3844-45-9).
(ii) Blue 2 (CAS 860-22-0).
(iii) Green 3 (CAS 2353-45-9).
(iv) Red 40 (CAS 25956-17-6).
(v) Titanium dioxide (CAS 13463-67-7).
(vi) Yellow 5 (CAS 1934-21-0).
(vii) Yellow 6 (CAS 2783-94-0).
(c) A middle school 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.
(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.
(e) Nothing in this section shall be construed to prohibit a school from selling
to a pupil, after the pupil has been provided a school meal pursuant to Section 49501.5, the entrée from an additional nutritiously adequate meal that qualifies for federal reimbursement, from the same meal service.
SEC. 4.
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 may be sold to a pupil are the following:(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.
(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.
(C) Plain water or plain carbonated water.
(D) One-percent-fat unflavored milk, nonfat flavored or unflavored 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.
(E) A beverage shall not contain caffeine either of the following:
(i) Caffeine, with the exception of
trace amounts of naturally occurring caffeine substances.
(ii) Commencing July 1, 2025, any of the following substances:
(I) Blue 1 (CAS 3844-45-9).
(II) Blue 2 (CAS 860-22-0).
(III) Green 3 (CAS 2353-45-9).
(IV) Red 40 (CAS 25956-17-6).
(V) Titanium dioxide (CAS 13463-67-7).
(VI) Yellow 5 (CAS 1934-21-0).
(VII) Yellow 6 (CAS 2783-94-0).
(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 of the following circumstances:
(A) The sale of those items takes place off and away from the premises of the school.
(B) The sale of those items takes place on school premises at least one-half hour after the end of the schoolday.
(3) From the midnight before to 30 minutes after the end of the official schoolday, at each high school, the only competitive beverages that may be sold to a pupil are the following:
(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.
(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.
(C) Plain water or plain carbonated water.
(D) One-percent-fat unflavored milk, nonfat flavored or unflavored milk, soy milk, rice milk, almond milk, and other similar nondairy milk in a maximum serving size of 12 fluid ounces.
(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) Electrolyte replacement beverages that are labeled to contain no more than 40 calories per 8 fluid ounces in a maximum serving size of 12 fluid ounces.
(I) Beverages labeled or commonly referred to as sodas, colas, or soft drinks are not allowed.
(J) A beverage shall not contain caffeine either of the following:
(i) Caffeine, with the exception of trace amounts of naturally occurring caffeine substances.
(ii) Commencing July 1, 2025, any of the following substances:
(I) Blue 1 (CAS 3844-45-9).
(II) Blue 2 (CAS 860-22-0).
(III) Green 3 (CAS 2353-45-9).
(IV) Red 40 (CAS 25956-17-6).
(V) Titanium dioxide (CAS 13463-67-7).
(VI) Yellow 5 (CAS 1934-21-0).
(VII) Yellow 6 (CAS 2783-94-0).
(4) A 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 of the following criteria:
(A) The sale of those items takes place off and away from the premises of the school.
(B) The sale of those items takes place on school premises at least one-half hour after the end of the schoolday.
(b) It is the intent of the Legislature that the governing board of a school district annually review its compliance with this section.
(c) Notwithstanding Article 3 (commencing with Section 33050) of Chapter 1 of Part 20 of Division 2, compliance with this section shall not be waived.
SEC. 4.SEC. 5.
Section 49501.5 of the Education Code is amended to read:49501.5.
(a) Notwithstanding any other provision of this chapter, commencing with the 2022–23 school year all of the following shall apply:(1) (A) A school district, county superintendent of schools, or charter school maintaining kindergarten or any of grades 1 to 12, inclusive, shall make available a nutritionally adequate breakfast and a nutritionally adequate lunch free of charge and with adequate time to eat, as determined by that school district, county superintendent of schools, or charter school in consideration of the recommendations provided by the department pursuant to subdivision (e), during each schoolday to any pupil who requests a meal without
consideration of the pupil’s eligibility for a federally funded free or reduced-price meal, except as described in clauses (i) and (ii) of subparagraph (B), with a maximum of one free breakfast meal and one free lunch meal, except for family daycare homes that shall be reimbursed for 75 percent of the meals served. The meals made available under this paragraph shall be nutritionally adequate meals that qualify for federal reimbursement. Participating school districts, county superintendents of schools, and charter schools shall comply with federal regulations for the National School Lunch Program and School Breakfast Program, which includes established mealtimes.
(B) (i) The department shall submit a waiver request to the United States Department of Agriculture to allow for one meal provided during a schoolday lasting
four hours or less to be served in a noncongregate manner.
(ii) If the department receives approval for the federal
noncongregate waiver required by clause (i), school districts, county superintendents of schools, and charter schools may make available either a nutritionally adequate breakfast or a nutritionally adequate lunch in a noncongregate manner for meal service combinations resulting in either (I) a congregate nutritionally adequate breakfast and a noncongregate nutritionally adequate lunch or (II) a noncongregate nutritionally adequate breakfast and a congregate nutritionally adequate lunch. These meals shall be reimbursed under the provisions of paragraph (2) if both state and federal requirements are met.
(2) The department shall provide state meal reimbursement to school districts, county offices of education, and charter schools that participate in, and meet the requirements of, the federal School Breakfast Program and
National School Lunch Program, and any applicable state laws and regulations. State meal reimbursement shall be provided for reduced-price and paid meals served to pupils, as described in subdivision (b).
(b) The amount of per-meal reimbursements provided under this section shall not exceed the difference between the sum of the amounts calculated from meals claimed based on the free combined breakfast and lunch reimbursement rates established by the United States Department of Agriculture and state meal contribution established in Section 49559, and the combined federal and state amounts reimbursed for reduced-price and paid meals claimed.
(c) The reimbursement required pursuant to this section shall be provided upon appropriation by the Legislature. This section shall not be
operative until the Legislature has appropriated funds for purposes of this section.
(d) (1) The department may adopt, and as necessary revise,
guidelines in accordance with this section at a publicly noticed meeting if the department complies with all of the following:
(A) Provides an opportunity for public comment at the meeting.
(B) Provides written public notice of a meeting at least 30 days before the meeting at which the guideline to be adopted will be considered or approved.
(C) For a substantive revision of the guidelines, the department provides written notice of a meeting at least 15 days before the meeting at which the revision will be considered or approved.
(2) The adoption or revision of guidelines pursuant to this subdivision is exempt from Chapter 3.5 (commencing with Section 11340)
of Part 1 of Division 3 of Title 2 of the Government Code until July 1, 2023.
(e) The department shall review available evidence-based research, studies, and survey findings with school food authorities and school food workers, or their representatives, to make a recommendation for the amount of time that is adequate for a pupil to eat a school meal, including, but not limited to, the steps necessary to ensure that a pupil has adequate time to eat school meals that are served pursuant to this section and examining the role that breakfast in the classroom and other innovative breakfast models can play in supporting adequate time to eat. These recommendations shall be made public on the department’s internet website on or before June 30, 2025.
(f) Notwithstanding subdivision (a), a
school district, county office of education, or charter school that offers independent study, pursuant to Article 5.5 (commencing with Section 51744) of Chapter 5 of Part 28, shall meet the requirements of this section for any pupil on any schoolday that the pupil is scheduled for educational activities, as defined in Section 49010, lasting two or more hours, at a schoolsite, resource center, meeting space, or other satellite facility. Pupils who are present during established meal times shall have a nutritionally adequate breakfast and nutritionally adequate lunch made available.
(g) The chartering authority shall, upon request by a charter school and to the extent feasible within existing resources, provide technical assistance to the charter school in implementing this section.
(h) A charter school may enter into a partnership with an existing school food authority for the purposes of implementing this section.
(i) The chartering authority shall, upon request by a new charter school, contract with a charter school to make available a nutritionally adequate school breakfast and a nutritionally adequate school lunch until the charter school is an approved school food authority or until July 1 of the school year after the charter school becomes operational, whichever occurs first. The contract shall not exceed the actual costs to provide meals to the charter school, including, but not limited to, additional staffing costs and delivery of meals to the schoolsite, that are not covered by federal or state meal reimbursement.
(j) To comply with
subdivision (a), a school district, county office of education, or charter school may use funds made available through any federal or state program the purpose of which includes the provision of meals to a pupil, including the federal School Breakfast Program, the federal National School Lunch Program, the federal Summer Food Service Program, the federal Seamless Summer Option, or the state meal program, or may do so at the expense of the school district, county office of education, or charter school.
(k) For purposes of this section, the following definitions apply:
(1) “Nutritionally adequate breakfast” is one that qualifies for reimbursement under the most current meal pattern for the federal School Breakfast Program, as defined in Section 220.8 of Title 7 of the Code of
Federal Regulations and and, commencing July 1, 2025, does not contain any of the following substances:
(A) Blue 1 (CAS 3844-45-9).
(B) Blue 2 (CAS 860-22-0).
(C) Green 3 (CAS 2353-45-9).
(D) Red 40 (CAS 25956-17-6).
(E) Titanium dioxide (CAS 13463-67-7).
(F) Yellow 5 (CAS 1934-21-0).
(G) Yellow 6 (CAS
2783-94-0).
(2) “Nutritionally adequate lunch” is one that qualifies for reimbursement under the most current meal pattern for the federal National School Lunch Program, as defined in Section 210.10 of Title 7 of the Code of Federal Regulations and and, commencing July 1, 2025, does not contain any of the following substances:
(A) Blue 1 (CAS 3844-45-9).
(B) Blue 2 (CAS 860-22-0).
(C) Green 3 (CAS 2353-45-9).
(D) Red 40 (CAS
25956-17-6).
(E) Titanium dioxide (CAS 13463-67-7).
(F) Yellow 5 (CAS 1934-21-0).
(G) Yellow 6 (CAS 2783-94-0).
(3) “Schoolday” means any day that pupils in kindergarten or any of grades 1 to 12, inclusive, are present at a schoolsite or school facility for purposes of instruction or educational activities, as defined in Section 49010, including, but not limited to, pupil attendance at minimum days, state-funded preschool, transitional kindergarten, summer school including incoming kindergarten pupils, extended school year days, school-sponsored field trips, independent study when a pupil is onsite during the schoolday, and Saturday school
sessions.
SEC. 5.SEC. 6.
Section 49531 of the Education Code is amended to read:49531.
(a) A school district, county superintendent of schools, or charter school may apply to the department for all available federal and state funds that they are eligible for so that a nutritionally adequate breakfast and lunch may be made available to pupils each schoolday at each schoolsite or school facility where pupils are present during the schoolday and to children receiving child development services. A school district, county superintendent of schools, or charter school that receives state funds pursuant to this article shall make available breakfasts and lunches in accordance with state and federal guidelines. If an entity’s school meal service is not in compliance with state and federal guidelines or regulations, or both, the entity shall be ineligible for state meal reimbursement.(b) (1) A nutritionally adequate breakfast, for the purposes of this article, is one that qualifies for reimbursement under the most current meal pattern for the federal School Breakfast Program, as defined in Section 220.8 of Title 7 of the Code of Federal Regulations and paragraph (2). A nutritionally adequate lunch for purposes of this article is one that qualifies for reimbursement under the most current meal pattern for the federal National School Lunch Program, as defined in Section 210.10 of Title 7 of the Code of Federal Regulations and paragraph (2).
(2) A nutritionally adequate breakfast or lunch shall not consist of more added sugar than the amount allowed by the federal School Breakfast program
Program and the federal National School Lunch Program,
respectively, and and, commencing July 1, 2025, shall not contain any of the following substances:
(A) Blue 1 (CAS 3844-45-9).
(B) Blue 2 (CAS 860-22-0).
(C) Green 3 (CAS 2353-45-9).
(D) Red 40 (CAS 25956-17-6).
(E) Titanium dioxide (CAS 13463-67-7).
(F) Yellow 5 (CAS 1934-21-0).
(G) Yellow 6
(CAS 2783-94-0).
(c) (1) If the federal School Breakfast Program and federal National School Lunch Program allow more added sugar or sodium than is recommended by the most recent Dietary Guidelines for Americans, established by the United States Department of Agriculture and the United States Department of Health and Human Services, the State Department of Education shall convene representatives from the California School Nutrition Association and cafeteria workers, or their representatives, to work in partnership to provide the following:
(A) Maximum daily added sugar intake recommendations for each grade level commensurate with the American Academy of Pediatrics’ standards for children two years of age and
or older.
(B) Maximum daily added sodium intake recommendations for each grade level commensurate with recommendations for children and adolescents in the Dietary Guidelines for Americans.
(2) Recommendations pursuant to this subdivision shall encourage the prioritization of foods with higher nutritional density when there is added sugar or sodium in the food.
(d) State reimbursement for meals provided pursuant to this article shall be limited to meals made available to pupils pursuant to Section 49501.5.
