AB 626 — School nutrition.

Summary

(1) Existing law, the 21st Century High School After School Safety and Enrichment for Teens program, referred to as High School ASSETs program, provides for the establishment of a high school after-school program that consists of an academic assistance element and an enrichment element. In selecting grantees to participate in the program, existing law requires the State Department of Education to consider specified criteria and requires an applicant to certify in the application, among other things, the inclusion of a nutritional snack and a physical activity element. This bill instead would require an applicant to certify in the application, among other things, the inclusion of a nutritional snack, meal, or both, and a physical activity element. (2) Existing law, the After School Education and Safety Program Act of 2002, enacted by initiative statute, establishes the After School Education and Safety Program to serve pupils in kindergarten and grades 1 to 9, inclusive, and requires an entity that applies to operate a program to agree that snacks made available by the program conform to specified nutrition standards. The act requires an applicant to certify in the application, among other things, the inclusion of a nutritional snack. This bill would also require an entity that applies to operate a program to agree that meals made available by the program conform to specified federal nutrition standards. The bill instead would require an applicant to certify in the application, among other things, the inclusion of a nutritional snack, meal, or both. The act authorizes the Legislature to amend certain of its provisions to further its purposes by majority vote of each house. This bill would set forth a legislative finding and declaration that the bill's provisions further the purposes of the act. (3) Existing law requires a minimum of 50% of the items offered for sale each schoolday during regular school hours, as specified, be selected from a specified list including, among others, milk and dairy products and nonconfection grain products. This bill would repeal these provisions. (4) Existing law authorizes the governing board of any school district to establish cafeterias in the schools under its jurisdiction and authorizes the moneys received for the sale of food or for any services performed by the cafeterias to be paid into the county treasury to the credit of the cafeteria fund of the particular school district. Existing law requires the cafeteria fund to be used only for those expenditures authorized by the governing board of a school district as necessary for the operation of school cafeterias, including, but not limited to, expenditures for the lease or purchase of additional cafeteria equipment for the central food processing plant. Existing law authorizes the governing board of a school district to also make expenditures from the cafeteria fund for the construction, alteration, or improvement of a central food processing plant, for the installation of additional cafeteria equipment for the central food processing plant, and for the lease or purchase of vehicles used primarily in connection with the central food processing plant. Existing law also authorizes the governing board of a school district to authorize the establishment of one or more cafeteria revolving accounts whenever a cafeteria fund is operated. This bill would instead include as an authorized expenditure of the cafeteria fund expenditures for the lease or purchase of additional equipment for the kitchen or central food processing plant. The bill would instead authorize the governing board of a school district to make expenditures from the cafeteria fund for the purchase and installation of additional preparation, cooking, or service equipment for a kitchen or central food processing plant, including necessary alterations as specified, and for the lease or purchase of vehicles used solely in connection with the kitchen or central food processing plant. The bill would repeal the authority of the governing board of a school district to create one or more cafeteria revolving accounts. (5) Existing law requires the cost of housing and equipping cafeterias to be a charge against the funds of the school district except that the governing board of a school district is authorized to make the cost of the lease or purchase of additional cafeteria equipment for a central food processing plant, and of vending machines and their installation and housing, a charge against cafeteria funds if the governing board of the school district deems it necessary. Existing law also authorizes the governing board of a school district, if school district funds are expended for the lease or purchase of additional cafeteria equipment for a central food processing plant, or for the lease, purchase, installation, or housing of vending machines, to reimburse school district funds from cafeteria funds within 5 years after the expenditure. This bill would instead require the cost of providing adequate housing for cafeterias, including, but not limited to, kitchen facilities, to be a charge against the funds of the school district. The bill would require the cost of the lease or purchase of cafeteria equipment and of vending machines and their installation and housing to be a charge against cafeteria funds. However, the governing board of a school district would be authorized to make the cost of the lease or purchase of cafeteria equipment for a kitchen or central food processing plant a charge against the funds of the school district if the governing board of the school district deems it necessary. The bill would also authorize the governing board of the school district, if school district funds are expended for the lease or purchase of kitchen equipment, or for the lease, purchase, installation, or housing of vending machines, as specified, to reimburse school district funds from cafeteria funds during the same fiscal year. The bill would require the governing board of a school district to only approve reimbursement for vending machines if specified conditions apply. Existing law authorizes the governing board of a school district to make the cost of maintenance of the physical plant used in connection with cafeterias, the cost of replacement of equipment, and the cost of telephone charges, water, electricity, gas, coal, wood, fuel oil, and garbage disposal a charge against the funds of the school district. This bill would instead authorize the governing board of a school district to make the cost of maintenance of kitchen facilities and the cost of replacement or maintenance of kitchen equipment a charge against cafeteria funds, and would add the costs of providing drinking water in the cafeteria a charge against cafeteria funds. (6) Existing law, the Pupil Nutrition, Health, and Achievement Act of 2001, requires each elementary school to sell only certain foods to a pupil during the schoolday, except for food items sold as part of a school fundraising event, if the items are sold by pupils of the school and the sale of those items either takes place away from school premises or takes place at least 12 hour after the end of the schoolday. Existing law defines "sold" and "full meal" for purposes of those provisions. This bill would instead make those provisions applicable from 12 hour before the start of the schoolday to 12 hour after the schoolday, and would include individually sold dairy or whole grain foods among the list of foods that may be sold. The bill would revise the requirements for the sale of food at school fundraising events by deleting the requirement that the items be sold by pupils. The bill would also revise the definition of "sold" and "full meal" for purposes of those provisions. (7) Existing law, and excluding food served as part of a United States Department of Agriculture (USDA) meal program, requires snacks and entrée items sold to a pupil in middle, junior, or high school to meet specified nutritional standards, and requires entrée items to also be categorized as entrée items in the School Breakfast Program or National School Lunch Program. Existing law authorizes the sale of food items that do not comply with these provisions in specific circumstances, including, but not limited to, if the sale of those items occurs during a school-sponsored pupil activity after the end of the schoolday. This bill would apply these restrictions to the sale of snacks and entrées to a pupil in middle school or high school from 12 hour before the start of the schoolday to 12 hour after the schoolday, and would remove the requirement that entrée items be categorized as entrée items in the School Breakfast Program or National School Lunch Program. The bill would also repeal the authority of a middle school or high school to permit the sale of food items that do not comply with the specified nutritional standards if the sale of those items occurs during a school-sponsored pupil activity after the end of the schoolday. (8) Existing law requires beverages that are sold to a pupil at an elementary school to meet specified nutritional standards, unless the school authorizes the items to be sold by pupils of the school as part of a fundraising event, and the sale of those items either takes place away from school premises or takes place 12 hour or more after the end of the schoolday. This bill would delete 2%-fat milk from the specified nutritional standards and would delete the provision requiring the items to be sold by pupils of the school. (9) Existing law requires that only beverages that meet specified nutritional standards may be sold to a pupil at a middle or junior high school from 12 hour before the start of the schoolday to 12 hour after the end of the schoolday. Existing law authorizes a middle or junior high school to permit the sale of beverages that do not meet the specified nutritional standards as part of a school event if the sale of those items occurs during a school-sponsored event and takes place at the location of the event at least 12 hour after the end of the schoolday and vending machines, pupil stores, and cafeterias are used later then 12 hour after the end of the schoolday. This bill would delete 2%-fat milk from the specified nutritional standards and would require that only beverages that meet the same specified nutritional standards may be sold to a pupil at a high school for 12 hour before the start of the schoolday to 12 hour after the end of the schoolday. The bill would also authorize a middle school or high school to permit the sale of beverages that do not meet specified nutritional standards as part of a school event if either the sale of those items takes place away from the premises of the school or the sale of those items takes place on school premises at least 12 hour after the end of the schoolday. (10) Existing law prohibits a school or school district, during school hours and 12 hour before and after school hours, through a vending machine or school food service establishment, as defined, from making available to pupils enrolled in kindergarten, or grades 1 to 12, inclusive, food containing artificial trans fat, as defined, or use food containing artificial trans fat in the preparation of a food item served to those pupils unless the food is provided as part of a USDA meal program. This bill would instead prohibit a school or school district, from 12 hour before the start of the schoolday to 12 hour after the end of the schoolday, from selling to pupils enrolled in kindergarten, or grades 1 to 12, inclusive, food containing artificial trans fat, as defined, unless the food is provided as part of a USDA meal program. (11) Existing law requires the State Department of Education to establish a 3-year pilot program related to the Pupil Nutrition, Health, and Achievement Act of 2001, commencing in the fall of the 2002–03 school year, in which a total of not less than 10 high schools, middle schools, or any combination of high schools and middle schools that apply are selected to participate. This bill would repeal the provisions related to the pilot program. (12) Existing law authorizes the Superintendent of Public Instruction to monitor school districts for compliance with the Pupil Nutrition, Health, and Achievement Act of 2001, and requires each school district so monitored to report to the Superintendent in the coordinated review effort regarding the extent of the school district's compliance. Existing law requires a school district found to be noncompliant with certain provisions of that act to adopt a corrective action plan, as specified. This bill would repeal those provisions and require that compliance with the act be monitored by the State Department of Education in conformity with the USDA's administrative review process, as specified. (13) This bill would also make conforming and nonsubstantive changes to these provisions.

Bill Text

• Chaptered 10/10/13 - Chaptered Current pdf October 10, 2013
• Enrolled 09/16/13 - Enrolled pdf September 16, 2013
• Amended 07/10/13 - Amended Senate pdf July 10, 2013
• Amended 06/25/13 - Amended Senate pdf June 25, 2013
• Amended 05/15/13 - Amended Assembly pdf May 15, 2013
• Amended 05/07/13 - Amended Assembly pdf May 07, 2013
• Amended 04/23/13 - Amended Assembly pdf April 23, 2013
• Amended 04/10/13 - Amended Assembly pdf April 10, 2013
• Introduced 02/20/13 - Introduced pdf February 20, 2013
• AB626 View text html

Action History

1. October 10, 2013

   Chaptered by Secretary of State - Chapter 706, Statutes of 2013.

2. October 10, 2013

   Approved by the Governor.

3. September 20, 2013

   Enrolled and presented to the Governor at 4 p.m.

4. September 10, 2013

   Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 75. Noes 1. Page 3107.).

5. September 10, 2013

   Assembly Rule 63 suspended. (Ayes 53. Noes 25. Page 3064.)

6. September 10, 2013

   Assembly Rule 77 suspended. (Ayes 53. Noes 25. Page 3064.)

7. September 09, 2013

   In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 11 pursuant to Assembly Rule 77.

8. September 09, 2013

   Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 0. Page 2249.).

9. September 03, 2013

   Read second time. Ordered to third reading.

10. August 30, 2013

    From committee: Do pass. (Ayes 7. Noes 0.) (August 30).

11. August 13, 2013

    In committee: Placed on APPR. suspense file.

12. July 10, 2013

    Read second time and amended. Re-referred to Com. on APPR.

13. July 09, 2013

    From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 9. Noes 0.) (July 3).

14. June 25, 2013

    From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on HEALTH.

15. June 19, 2013

    From committee: Do pass and re-refer to Com. on HEALTH. (Ayes 9. Noes 0.) (June 19). Re-referred to Com. on HEALTH.

16. June 06, 2013

    Referred to Coms. on ED. and HEALTH.

17. May 28, 2013

    In Senate. Read first time. To Com. on RLS. for assignment.

18. May 28, 2013

    Read third time. Passed. Ordered to the Senate. (Ayes 72. Noes 3. Page 1674.)

19. May 24, 2013

    Read second time. Ordered to third reading.

20. May 24, 2013

    From committee: Do pass. (Ayes 15. Noes 2.) (May 24).

21. May 24, 2013

    In committee: Set, first hearing. Referred to APPR. suspense file.

22. May 16, 2013

    Re-referred to Com. on APPR.

23. May 15, 2013

    From committee chair, with author's amendments: Amend, and re-refer to Com. on APPR. Read second time and amended.

24. May 08, 2013

    Re-referred to Com. on APPR.

25. May 07, 2013

    Read second time and amended.

26. May 06, 2013

    From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 18. Noes 1.) (April 30).

27. April 24, 2013

    Re-referred to Com. on HEALTH.

28. April 23, 2013

    Read second time and amended.

29. April 22, 2013

    From committee: Do pass as amended and re-refer to Com. on HEALTH. (Ayes 6. Noes 0.) (April 17).

30. April 11, 2013

    Re-referred to Com. on ED.

31. April 10, 2013

    From committee chair, with author's amendments: Amend, and re-refer to Com. on ED. Read second time and amended.

32. April 03, 2013

    In committee: Set, first hearing. Hearing canceled at the request of author.

33. March 04, 2013

    Referred to Coms. on ED. and HEALTH.

34. February 21, 2013

    From printer. May be heard in committee March 23.

35. February 20, 2013

    Read first time. To print.

Sponsors

• Pan · Cosponsor
• Sharon Quirk-Silva · Cosponsor
• Skinner · Primary
• Josh Lowenthal · Cosponsor

Votes

Subjects