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Requirements for Beverage Sales


Nutrition Services Division Management Bulletin

To: School Districts and County Offices of Education

Number: 05-109

Attention: Superintendents, Business Officers, and Food Service Directors

Date: August 2005

Subject: Requirements for Beverage Sales Exclusive of the School Nutrition Programs

Reference: Senate Bill 677 (Ortiz), Chapter 415, Statutes of 2003

This Management Bulletin (MB) amends and supersedes MB 04-114 issued November 2004. This MB deletes language found in MB 04-114 that implied that a school containing any elementary grades must abide by beverage standards applying to elementary schools.

As amended, this MB provides definitions for elementary, middle, and high schools (as defined in Education Code [EC] 49430) that clarify which beverage standards a school must follow. Therefore, by statutory definition, a school containing no grade higher than six (e.g., K-5, K-6, K-3, 4-6, etc.) follows elementary school beverage standards. A school containing grades seven, eight, but no grade higher than nine (e.g., K-8, 7-8, 7-9, etc.) follows middle school beverage standards. A school containing grades ten, eleven, or twelve (e.g., 7-12, 9-12, 10-12, etc.) is considered a high school.

This amended MB also provides clarification on types of milk acceptable for middle and junior high schools and provides information on the implementation of Senate Bill (SB) 677 (Ortiz) (Chapter 415, Statutes of 2003), referred to as the California Childhood Obesity Prevention Act of 2003. The intent of this legislation is to improve the eating behaviors of California's school children by allowing only certain beverages for sale on school campuses during school hours. The legislation does not address food sales.

SB 677 adds EC 49431.5 which, effective July 1, 2004, defines beverage standards for elementary, middle, and junior high schools.

Highlights of the new law are as follows:

Definitions (EC 49430)
Beverage Sales
  1. Elementary Schools
  1. Middle and Junior High Schools
  1. Vending Machine Policy
  1. Definition of "Added Sweetener"

"Added sweetener" means any additive that enhances the sweetness of the beverage, including, but not limited to, added sugar, except the natural sugar or sugars that are contained within any fruit juice that is a component of the beverage.

The Nutrition Services Division (NSD) may be able to assist in determining which beverage products comply with the law. For compliance questions regarding beverages, please contact Michael Danzik, at 916-445-7346 or mdanzik@cde.ca.gov.

Senate Bill 677 (Ortiz) may be viewed in its entirety at http://leginfo.legislature.ca.gov/.

If appropriate, please share this information with your district/agency management and business personnel. If you have additional questions, please contact your NSD representative in the Field Services Unit, at 916-445-0850 or 800-952-5609.

Questions:   Nutrition Services Division | 800-952-5609
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