Article 10 - Child Nutrition Act of 1974

California Education Code — §§ 49530-49536

Sections (7)

Enacted by Stats. 1976, Ch. 1010.

(a)The Legislature finds that (1) the proper nutrition of children is a matter of highest state priority, and (2) there is a demonstrated relationship between the intake of food and good nutrition and the capacity of children to develop and learn, and (3) the teaching of the principles of good nutrition in schools is urgently needed to assist children at all income levels in developing the proper eating habits essential for lifelong good health and productivity.

(b)It is the policy of the State of California that no child shall go hungry at school or a child development program and that schools and child development programs conducted pursuant to Chapter 2 (commencing with Section 8200) of Part 6 of Division 1 of Title 1 have an obligation to provide for the nutritional needs and nutrition education of all pupils during the schoolday and all children receiving child development services.

§ 49530.5

Amended by Stats. 1977, Ch. 1041.

As used in this article, “child nutrition entity” means any school district, county superintendent of schools, child development program operated pursuant to Chapter 2 (commencing with Section 8200) or Chapter 2.5 (commencing with Section 8400) of Part 6 of Division 1 of Title 1, local agency, private school, or parochial school, or any other agency which qualifies for federal aid under the federal school lunch program or the federal child nutrition program prescribed, respectively, by Chapter 13 (commencing with Section 1751) and Chapter 13A (commencing with Section 1771) of Title 42 of the United States Code.

§ 49531

Amended by Stats. 2025, Ch. 467, Sec. 7. (AB 1264) Effective January 1, 2026.

(a)A school district, county superintendent of schools, or charter school may apply to the department for all available federal and state funds that they are eligible for so that a nutritionally adequate breakfast and lunch may be made available to pupils each schoolday at each schoolsite or school facility where pupils are present during the schoolday and to children receiving child development services. A school district, county superintendent of schools, or charter school that receives state funds pursuant to this article shall make available breakfasts and lunches in accordance with state and federal guidelines. If an entity’s school meal service is not in compliance with state and federal guidelines or regulations, or both, including noncompliance determined during administrative reviews, procurement reviews, or complaint

investigations conducted by the department, the entity shall be ineligible for state meal reimbursement.

(b)(1) A nutritionally adequate breakfast, for the purposes of this article, is one that qualifies for reimbursement under the most current meal pattern for the federal School Breakfast Program, as defined in Section 220.8 of Title 7 of the Code of Federal Regulations and paragraph (2). A nutritionally adequate lunch for purposes of this article is one that qualifies for reimbursement under the most current meal pattern for the federal National School Lunch Program, as defined in Section 210.10 of Title 7 of the Code of Federal Regulations and paragraph (2).

(2)A nutritionally adequate breakfast or lunch shall not consist of more added sugar than the amount allowed by the federal School Breakfast Program and the federal National School Lunch Program,

respectively.

(3)Beginning December 31, 2027, a nutritionally adequate breakfast or lunch, excluding foods provided by the United States Department of Agriculture (USDA) Foods in Schools program, shall not contain any of the following substances:

(A)Blue 1 (CAS 3844-45-9).

(B)Blue 2 (CAS 860-22-0).

(C)Green 3 (CAS 2353-45-9).

(D)Red 40 (CAS 25956-17-6).

(E)Yellow 5 (CAS 1934-21-0).

(F)Yellow 6 (CAS 2783-94-0).

(4)Beginning July 1, 2035, a nutritionally adequate breakfast or lunch, excluding

foods provided by the United States Department of Agriculture (USDA) Foods in Schools program, shall not include either of the following:

(A)Restricted school foods, as defined pursuant to Section 104662 of the Health and Safety Code.

(B)Ultraprocessed foods of concern, as defined pursuant to Section 104662 of the Health and Safety Code.

(c)(1) If the federal School Breakfast Program and federal National School Lunch Program allow more added sugar or sodium than is recommended by the most recent Dietary Guidelines for Americans, established by the United States Department of Agriculture and the United States Department of Health and Human Services, the State Department of Education shall convene representatives from the California School Nutrition Association and cafeteria workers, or their

representatives, to work in partnership to provide the following:

(A) Maximum daily added sugar intake recommendations for each grade level commensurate with the American Academy of Pediatrics’ standards for children two years of age or older.

(B) Maximum daily added sodium intake recommendations for each grade level commensurate with recommendations for children and adolescents in the Dietary Guidelines for Americans.

(2)Recommendations pursuant to this subdivision shall encourage the prioritization of foods with higher nutritional density when there is added sugar or sodium in the food.

(d)State reimbursement for meals provided pursuant to this article shall be limited to meals made available to pupils pursuant to Section

49501.5.

§ 49531.1

Amended by Stats. 2023, Ch. 600, Sec. 13. (SB 348) Effective January 1, 2024.

(a)The department shall develop and maintain nutrition guidelines for school lunches and breakfasts that are provided pursuant to Section 49501.5 and for all food and beverages sold on public school campuses.

(b)The nutrition guidelines for school lunches and breakfasts, pursuant to subdivision (a), shall be consistent with the requirements for a nutritionally adequate breakfast and a nutritionally adequate lunch, as defined in subdivision (b) of Section 49531.

§ 49533

Amended by Stats. 2017, Ch. 15, Sec. 46. (AB 99) Effective June 27, 2017.

(a)A Child Nutrition Advisory Council composed of 13 members shall be appointed by January 1, 1975, to recommend plans and guidelines for school and child care meal service and nutrition education programs. The members of the council shall be appointed by the Superintendent and shall include one member of the department, one school administrator, one school board member, one school food service director, one school food service supervisor or manager, one classroom teacher, one curriculum coordinator, one nutrition education specialist, one layperson, one child care food program sponsor, one secondary high school pupil, one representative from a recognized parent-teacher organization, and one qualified consultant specializing in nutrition, education, child care, or health and welfare.

(b)The members shall serve for a term of three years, except the pupil representative, who shall serve a one-year term. Council members shall serve without pay, but shall be reimbursed for authorized travel costs according to established department procedures.

§ 49534

Amended by Stats. 2021, Ch. 666, Sec. 44. (AB 486) Effective January 1, 2022.

(a)The department may formulate the basic elements of nutrition education programs for child nutrition entities participating in programs established under this article. Such programs may coordinate classroom instruction with the food service program and may be of sufficient variety and flexibility to meet the needs of pupils in the total spectrum of education, including early childhood, elementary and secondary schools, special education classes and programs, and child development programs.

(b)Nutrition education programs may be maintained on a project approval basis. The state board may establish rules and regulations for nutrition education projects. County offices of education may apply for and receive funds on behalf

of school districts under their jurisdiction in order to implement projects.

(c)Projects may include, but need not be limited to, innovative ways to coordinate the school meal service program with the nutrition education program; development of community resources for purposes of nutrition education; instructional programs for teachers, parents, food service employees; and training and usage of paraprofessionals to assist the instructional staff.

§ 49536

Amended by Stats. 2013, Ch. 47, Sec. 93. (AB 97) Effective July 1, 2013.

(a)The department shall, before July 1 of each year, prescribe an adjustment in the state meal contribution rates established pursuant to this section for the forthcoming fiscal year. The adjustments shall reflect the changes in the cost of operating a school breakfast and lunch program and shall be made commencing on July 1 of each year. The adjustment shall be the average of the separate indices of the “Food Away From Home Index” for Los Angeles and San Francisco as prepared by the United States Bureau of Labor Statistics.

(b)In giving effect to the cost-of-living provisions of this section, the department shall use the same month for computation of the percentage change in the

cost of living after July 1, 1975. The same month shall be used annually thereafter. The product of a percentage increase or decrease in the average index and the per meal reimbursement disbursement rate shall be adjusted by the amount of a cost-of-living change currently in effect pursuant to the provisions of this section.

(c)For the 1990–91 fiscal year to the 2012–13 fiscal year, inclusive, the cost-of-living adjustment shall be equal to the percentage change determined pursuant to subdivision (b) of Section 42238.1, as that section read on January 1, 2013. Commencing with the 2013–14 fiscal year, the cost-of-living adjustment shall be equal to the percentage determined pursuant to paragraph (2) of subdivision (d) of Section 42238.02.