| Nutrition Services Division |
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| 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 |
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| 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)
- An elementary school includes kindergarten through grade six, but no grade higher than grade six.
- A middle school includes grades seven or eight, but no grade higher than grade nine.
- A high school includes grades ten to twelve.
Beverage Sales
- Elementary Schools
- The only beverages that may be sold to students in elementary schools during the school day are water, milk, 100 percent fruit juices, and fruit-based drinks that are composed of no less than 50 percent fruit juice and have no added sweeteners. This does not preclude the sale of carbonated beverages that meet the above requirements.
- Beverages that do not meet the above criteria may be sold for fundraising under the following circumstances:
- Students sell the beverages off the school grounds or
- Students sell the beverages on school grounds at least one-half hour after the end of the school day.
- Middle and Junior High Schools
- The only beverages that may be sold to students in middle and junior high schools are water; milk, including, but not limited to chocolate milk, soy milk, rice milk, and other similar dairy or nondairy milk; 100 percent fruit juices; fruit-based drinks that are composed of no less than 50 percent fruit juice and have no added sweeteners; and electrolyte replacement beverages that contain no more than 42 grams of added sweetener per 20-ounce serving. This does not preclude the sale of carbonated beverages that meet the above requirements.
- This law applies from one-half hour before the start of the school day to one-half hour after the end of the school day.
- Beverages that do not meet the above criteria may be sold for fundraising under the following circumstances:
- The sale occurs during and at the location of a school-sponsored event after the end of the school day or
- The sale occurs via vending machines, student stores, and cafeterias no sooner than one-half hour after the end of the school day.
- Vending Machine Policy
- Elementary, middle, or junior high schools may use vending machines to offer beverages that comply with the above criteria at any time of day.
- Middle or junior high schools may use vending machines to offer beverages that do not comply with the above criteria if they are made available no later than one-half hour before the start of the school day and no sooner than one-half hour after the end of the school day.
- 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://www.leginfo.ca.gov (Outside Source).
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.
