Skip to content
Printer-friendly version

Restrictions on Food and Beverage Sales


Nutrition Services Division Management Bulletin

To: School Districts and County Offices of Education

Number: 06-110

Attention: Superintendents, Business Officers, and Food Service Directors

Date: August 2006

Subject: Restrictions on Food and Beverage Sales Outside of the School Meal Program

Reference: Senate Bill 12 (Escutia), Chapter 235, Statutes of 2005 and Senate Bill 965 (Escutia), Chapter 237, Statutes of 2005

This Management Bulletin (MB) provides information on the implementation of Senate Bills (SBs) 12 and 965, which aim to improve the eating behaviors of California’s school children by allowing only certain foods and beverages to be sold to pupils on elementary, middle, and high school campuses. This MB also supersedes MB 05-109 which was issued August 2005, and references the California Code of Regulations (CCR), Title 5, Sections 15500 and 15501 (MB 00-810); and the United States Department of Agriculture’s (USDA) federal policy on the sale of foods of minimum nutritional value (FMNV), Title 7, Part 210.11 (MB 05-110).

These laws reflect California’s landmark adoption of rigorous new nutrition standards for food and beverages sold to students in kindergarten through grade twelve, which were supported by both the Governor and State Superintendent O’Connell.

The following is a summary of the restrictions on foods and beverages as set forth in SB 12 and SB 965. Attachment I provides a summary, by date and grade, of all restrictions on foods and beverages sold to pupils on school campus outside of the school meal program. School districts should review the actual laws, regulations, and policies to ensure compliance.

Elementary Schools (California Education Code (EC) sections 49431 and 49431.5)

Beverage standards effective January 1, 2006

Regardless of the time of day, only the following beverages may be sold to pupils:

Noncompliant beverages may be sold for fundraising events if the items are sold by pupils and either the sale takes place off of and away from school premises or the sale takes place at least one-half hour after the end of the school day.

Food standards effective July 1, 2007

The only food that may be sold to a pupil during the school day are:

Noncompliant foods may be sold for fundraising events if the items are sold by pupils and either the sale takes place off of and away from school premises or the sale takes place at least one-half hour after the end of the school day.

Back to Top

Middle and Junior High Schools (EC sections 49431.2 and 49431.5)

Beverage standards effective January 1, 2006

From one-half hour before to one-half hour after the end of the school day, only the following beverages may be sold to pupils:

Noncompliant beverages may be sold up to one-half hour before school and following one-half hour after school.

Food standards effective July 1, 2007

Snacks (food generally regarded as supplementing a meal, including, but not limited to, chips, crackers, onion rings, nachos, French fries, donuts, cookies, pastries, cinnamon rolls, and candy) sold to a pupil, except food served as part of a USDA meal program, must meet all of the following standards:

Entrée items (foods generally regarded as being the primary food in a meal, and shall include, but not be limited to, sandwiches, burritos, pasta, pizza) sold to a pupil, except food sold as part of a USDA meal program, must meet all the following standards:

Noncompliant foods may be sold if the sale takes place off of and away from school premises, the sale takes place at least one-half hour after the end of the school day, or the sale occurs during a school-sponsored pupil activity after the end of the school day.

Back to Top

High Schools (EC sections 49431.2 and 49431.5)

Beverage standards

Beverage standards specified for middle and junior high schools are phased in between July 1, 2007 (when 50 percent of beverages sold to pupils must meet standards) and July 1, 2009 (when 100 percent of beverages sold to pupils must meet standards).

Please note that while the statute does not specify that high schools are included, they are also not exempted. Specifically, EC 49431.5(b)(1) states “Commencing July 1, 2007, no less than 50 percent of all beverages sold to a pupil…” must comply. Thus, as of July 1, 2007, the beverage standards set forth in SB 965 include high schools.

As certain beverages will begin being phased out, it is also important to point out the requirements regarding sodas – which are currently allowed in high schools, except during meal periods. But, after July 1, 2009 only beverages that comply with SB 965 can be sold to pupils.

Food standards effective July 1, 2007

Same as the food standards specified under the Middle and Junior High section.

Definitions (EC sections 49430 and 49431.5)

Please note that per the statutory definitions specified above:

In order to ease the transition for districts to comply with the new food and beverage standards, the Nutrition Services Division (NSD) plans to offer workshops on SB 12/965 best practices and implementation during the 2006-07 school year. Additional implementation resources include School Nutrition…By Design!, Taking Action For Healthy School Environments, and the complete Linking Education, Activity, and Food (LEAF) Evaluation Report recently completed by the University of California, Berkeley’s Center for Weight and Health http://cwh.berkeley.edu/resource/reports-linking-education-activity-and-food-leaf.

Links to these documents are at http://www.cde.ca.gov/ls/nu/he/nutredres.asp.

These reports show that with restrictions on the foods and beverages sold outside of the school meal program and improvements to access, foods, and the environment within the school meal program, student participation in the school meal program can increase, thereby increasing overall revenue.

If you have any questions regarding this subject, please contact your Nutrition Services Division representative in the Field Services Unit at 916-445-0850 or 800-952-5609. You may also contact Michael Danzik, Nutrition Education Assistant, at 916-445-7346 or by e-mail at mdanzik@cde.ca.gov.

Back to Top

Attachment

Summary of Restrictions on Food and Beverage Sales at http://www.cde.ca.gov/ls/nu/sn/documents/mb06110att.doc (DOC)

Questions: Michael Danzik | mdanzik@cde.ca.gov | 916-445-7346 
Download Free Readers

The USDA and the CDE are equal opportunity providers and employers.
Esto explica qué hacer si usted cree que se le ha tratado injustamente.