Bill Text: CA AB2316 | 2023-2024 | Regular Session | Amended
Bill Title: Pupil nutrition: substances: prohibition.
Spectrum: Moderate Partisan Bill (Democrat 5-1)
Status: (Passed) 2024-09-28 - Chaptered by Secretary of State - Chapter 914, Statutes of 2024. [AB2316 Detail]
Download: California-2023-AB2316-Amended.html
|
Amended
IN
Senate
July 03, 2024 |
|
Amended
IN
Senate
June 27, 2024 |
|
Amended
IN
Assembly
April 08, 2024 |
|
Amended
IN
Assembly
March 11, 2024 |
| Introduced by Assembly Member Gabriel (Coauthors: Assembly Members Luz Rivas, Valencia, Waldron, and Weber) |
February 12, 2024 |
LEGISLATIVE COUNSEL'S DIGEST
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 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:(E)Titanium dioxide (CAS 13463-67-7).
(F)
(G)
SEC. 2.
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:(E)Titanium dioxide (CAS 13463-67-7).
(F)
(G)
(v)Titanium dioxide (CAS 13463-67-7).
(vi)
(vii)
(v)Titanium dioxide (CAS 13463-67-7).
(vi)
(vii)
SEC. 3.
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:(V)Titanium dioxide (CAS 13463-67-7).
(VI)
(VII)
(V)Titanium dioxide (CAS 13463-67-7).
(VI)
(VII)
(a)Notwithstanding any other provision of this chapter, commencing with the 2022–23 school year all of the following shall apply:
(1)(A)(i)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 and shall comply with state requirements for meals served.
(ii)Meals served that do not meet federal requirements shall not be eligible for federal or state meal reimbursement.
(iii)Meals served that do not meet state requirements shall not be eligible for state meal reimbursement.
(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, beginning December 31, 2027, excluding foods provided by the United States Department of Agriculture (USDA) Foods in Schools program, 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, beginning December 31, 2027, excluding foods provided by the United States Department of Agriculture (USDA) Foods in Schools program, 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. 4.
Section 49501.5 of the Education Code, as amended by Section 58 of Chapter 38 of the Statutes of 2024, 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:SEC. 5.
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, including noncompliance determined during administrative reviews, procurement reviews, or complaint investigations conducted by the department, the entity shall be ineligible for state meal reimbursement.(E)Titanium dioxide (CAS 13463-67-7).
(F)
(G)
