Bill Text: CA SB1255 | 2009-2010 | Regular Session | Amended
Bill Title: Schools: nutrition: beverages.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Engrossed - Dead) 2010-08-13 - Set, second hearing. Held in committee and under submission. [SB1255 Detail]
Download: California-2009-SB1255-Amended.html
BILL NUMBER: SB 1255 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 22, 2010
AMENDED IN SENATE APRIL 28, 2010
INTRODUCED BY Senator Padilla
(Principal coauthor: Senator Alquist)
FEBRUARY 19, 2010
An act to amend, repeal, and add Section 49431.5 of the Education
Code, relating to schools.
LEGISLATIVE COUNSEL'S DIGEST
SB 1255, as amended, Padilla. 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, 2011, would recast those provisions
and would restrict the sale of electrolyte replacement beverages in
middle , junior, 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 or junior
school or 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 or junior school or
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 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
and junior schools and 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) 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 (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.
(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 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.
(f)
(e) This section shall become inoperative on July 1,
2011, and, as of January 1, 2012, is repealed, unless a later enacted
statute, that becomes operative on or before January 1, 2012,
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 , junior, and
senior 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 , junior, and senior 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 or junior
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 , junior, or
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 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 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, compliance with this section may not be waived.
(i) This section shall become operative on July 1, 2011.
