Skip to main content
California Department of Education Logo

Senate Bill 490 and Assembly Bill 778

Changes to the Buy American Food Act signed by Governor Newsom.

On September 27, 2022, Senate Bill 490—The Buy American Food Act: public institutions: purchase of nondomestic agricultural food products and Assembly Bill 778—Institutional purchasers: purchase of California-grown agricultural food products, were signed by Governor Newsom.

Senate Bill 490

This new law is effective January 1, 2024 through January 1, 2029, and applies to local educational agencies (LEAs) who operate the School Nutrition Programs and receive more than $1,000,000 in annual federal meal reimbursement (which includes the National School Lunch Program, School Breakfast Program, and After School Snack Program).

If an LEA receives over $1,000,000 in annual federal meal reimbursement, they must specify in their solicitation for bids and contracts that they will only purchase agricultural food products grown, packed, or processed domestically unless any of the following applies:

  1. The bid or price of the nondomestic agricultural food product is more than 25 percent lower than the bid or price of the domestic agricultural food product.

  2. The quality of the domestic agricultural food product is inferior to the quality of the agricultural food product grown, packed, or produced nondomestically.

  3. The agricultural food product is not produced or manufactured domestically in sufficient and reasonably available quantities of a satisfactory quality to meet the needs of the public institution.

An “Agricultural food product” means a fresh or processed product, including fruits, nuts, vegetables, herbs, mushrooms, dairy, shell eggs, honey, grains, livestock meats, poultry meats, and fish, including shellfish.

Note: If an LEA has an existing food contract in place with a contractor on January 1, 2024, this bill will apply upon the next successive contract.

Assembly Bill 778

This new law amends California Food and Agriculture Code (FAC), Section 58595(a) by removing that school districts must accept the bid or price of a California grown agriculture product if the price does not exceed more than 5 percent of the lowest bid or an agriculture product produced outside of the state. In addition, this law adds LEAs to FAC Section 58595(c), which requires LEAs to accept a bid or price for that agricultural food product when it is grown in California before accepting a bid or price for a domestic agricultural food product that is grown outside the state, when both of the following are met:

  1. The bid or price of the California-grown agricultural food product does not exceed the lowest bid or price for a domestic agricultural food product produced outside the state.

  2. The quality of the California-grown agricultural food product is comparable to that domestic agricultural food product produced outside the state.

LEAs are responsible for updating applicable procedures and training the necessary staff on changes in program operations as a result of Senate Bill 490 and Assembly Bill 778. LEAs are also responsible for retaining appropriate documentation demonstrating compliance with Senate Bill 490 and Assembly Bill 778.

If you have any questions or concerns, you may email the Nutrition Services Division at NSDBuyAmericanProvision@cde.ca.gov.
Questions:   Nutrition Services Division | 800-952-5609
Last Reviewed: Wednesday, February 05, 2025
Recently Posted in Nutrition
  • Action Required: Excess Net Cash Resources (added 12-Aug-2025)
    Provides information to program operators about excess net cash resources, the budget agreement process, and long-term noncompliance.
  • SNP Reimbursement Rates for 2025-26 (added 12-Aug-2025)
    This web page provides the School Nutrition Programs (SNP) reimbursement rates for the 2025-26 school year.
  • 2024 Turnip the Beet Award Winners (added 12-Aug-2025)
    The California Department of Education Nutrition Services Division would like to congratulate 21 California school districts for receiving a 2024 Turnip the Beet Award from the U.S. Department of Agriculture Food and Nutrition Service.
  • May 27, 2025 Tuesday at 2 Town Hall Resources (added 12-Aug-2025)
    The California Department of Education (CDE) Nutrition Services Division (NSD) hosted the monthly Tuesday @ 2 School Nutrition Town Hall webinar May 27, 2025.
  • June 24, 2025 Tuesday at 2 Town Hall Resources (added 12-Aug-2025)
    The California Department of Education (CDE) Nutrition Services Division (NSD) hosted the monthly Tuesday @ 2 School Nutrition Town Hall webinar June 24, 2025.

  • Chef Ann Healthy School Food Pathway Fellowship (added 12-Aug-2025)
    The Chef Ann Foundation is accepting applications for the 2026 Healthy School Food Pathway Fellowship Program. This fellowship supports the development of school food leaders who can support a sustainable program centered around scratch-cooked meals.
  • Webinar: Tuesday at 2 School Nutrition Town Hall (added 04-Aug-2025)
    School Nutrition Town Hall webinar for School Nutrition Program Operators and Food Service Directors.
  • CNAC Minutes for the November 2, 2023 Meeting (added 31-Jul-2025)
    Meeting minutes for the State Superintendent of Public Instruction Child Nutrition Advisory Council (CNAC) on November 2, 2023.
  • Next Steps: 2025–26 FFVP Grant Recipients (added 30-Jul-2025)
    On July 28, 2025, the CDE NSD awarded and posted the FFVP first allocation grant recipients and funding allocations for School Year 2025–26 on the CDE FFVP Funding Results web page. The FFVP first allocation is July 1, 2025–September 30, 2025.
  • Ada Valley Meat Company Recalls Ground Beef (added 30-Jul-2025)
    Ada Valley Meat Company Recalls Ready-To-Eat Ground Beef Products Due to Possible Foreign Matter Contamination