ARTICLE 2.5. The Pupil Nutrition, Health, and Achievement Act of 2001 [49430. - 49434.]

Cal. Education Code - EDC 2.5.

in effect

Cal. Education Code - EDC § 49430. Section 49430.

As used in this article, the following terms have the following meanings: (a) “Added sweetener” means an additive other than 100 percent fruit juice that enhances the sweetness of a beverage. (b) “Combination foods” means products that contain two or more components representing two or more of the recommended food groups: fruit, vegetable, dairy, protein, or grains. (c) “Competitive foods” means all food and beverages other than meals reimbursed under programs authorized by the federal Richard B. Russell National School Lunch Act (Public Law 113-79) and the federal Child Nutrition Act of 1966 (42 U.S.C. Sec. 1771 et seq.) available for sale to pupils on the school campus during the schoolday. (d) “Deep fried” means a food item that is cooked by total submersion in oil or fat. (e) “Elementary school” means a school operated and maintained by a school district or county office of education that maintains any grade from kindergarten to grade 6, inclusive, but no grade higher than grade 6. (f) “Entrée” means a food that is generally regarded as being the primary food in a meal, and shall include, but not be limited to, sandwiches, burritos, pasta, and pizza. (g) “Flash fried” means a food item that is quickly fried on both sides in oil with a temperature of 400 degrees Fahrenheit or higher. (h) “High school” means a school operated and maintained by a school district or county office of education maintaining any of grades 9 to 12, inclusive. (i) “Middle school” means a school operated and maintained by a school district or county office of education that maintains grade 7 or 8, grades 7 to 9, inclusive, or grades 7 to 10, inclusive. (j) “Par fried” means a food item that is fried to reach an internal temperature of 160 degrees Fahrenheit then it is cooled to room temperature so that it may be refrigerated or frozen for future frying. (k) “School campus” means all areas of the property under the jurisdiction of the school that are accessible to pupils during the schoolday. (l) “Schoolday” means the period from the midnight before to 30 minutes after the end of the official schoolday. (m) “Snack” means a food that is generally regarded as supplementing a meal, including, but not limited to, chips, crackers, yogurt, cheese, nuts, seeds, fruit, or vegetables. (n) “Sold” means the exchange of food or beverages for money, coupons, vouchers, or order forms when any part of the exchange occurs on a school campus.

Cal. Education Code - EDC § 49430.3. Section 49430.3.

Notwithstanding any provisions of law, including, but not limited to, Chapter 3 (commencing with Section 38080) of Part 23 or Section 48931, this article shall control over contrary provisions relating to the sale of food items to public school pupils.

Cal. Education Code - EDC § 49430.7. Section 49430.7.

(a) For purposes of this section, the following terms have the following meanings: (1) “Child development program” means a program operated pursuant to Chapter 2 (commencing with Section 8200) of Part 6 of Division 1 of Title 1. (2) “School” means a school operated and maintained by a school district or county office of education, or a charter school. (3) “School district” means a school district, charter school, or county office of education. (b) As a condition of receipt of state meal reimbursement funds pursuant to Article 10 (commencing with Section 49530), for meals and food items sold as part of the free and reduced-price meal programs, a school or school district shall comply with all of the following requirements and prohibitions: (1) Follow the United States Department of Agriculture meal pattern. (2) Not sell or serve a food item that has in any way been deep fried, par fried, or flash fried by a school or school district. (3) Not sell or serve a food item containing artificial trans fat. A food item contains artificial trans fat if it contains vegetable shortening, margarine, or any kind of hydrogenated or partially hydrogenated vegetable oil, unless the manufacturer’s documentation or the label required on the food, pursuant to applicable federal and state law, lists the trans fat content as less than 0.5 grams per serving. (4) Not sell or serve a food item that, as part of the manufacturing process, has been deep fried, par fried, or flash fried in an oil or fat that is prohibited by this paragraph. Oils and fats prohibited by this paragraph include, but are not limited to, palm, coconut, palm kernel, and lard, typically solid at room temperature and are known to negatively impact cardiovascular health. Oils permitted by this paragraph include, but are not limited to, canola, safflower, sunflower, corn, olive, soybean, peanut, or a blend of these oils, typically liquid at room temperature and are known for their positive cardiovascular benefit. (c) For meals and food items sold as part of the free and reduced-price meal programs, a child development program is encouraged to comply with all of the following guidelines: (1) Meet developmentally and programmatically appropriate meal pattern and the United States Department of Agriculture meal pattern. (2) Not sell or serve a food item that has in any way been deep fried, par fried, or flash fried by a school, school district, or child development program. (3) Not sell or serve a food item containing artificial trans fat. A food item contains artificial trans fat if it contains vegetable shortening, margarine, or any kind of hydrogenated or partially hydrogenated vegetable oil, unless the manufacturer’s documentation or the label required on the food, pursuant to applicable federal and state law, lists the trans fat content as less than 0.5 grams per serving. (4) Not sell or serve a food item that, as part of the manufacturing process, has been deep fried, par fried, or flash fried in an oil or fat prohibited by this paragraph. Oils and fats prohibited by this paragraph include, but are not limited to, palm, coconut, palm kernel, and lard, typically solid at room temperature and are known to negatively impact cardiovascular health. Oils permitted by this provision include, but are not limited to, canola, safflower, sunflower, corn, olive, soybean, peanut, or a blend of these oils, typically liquid at room temperature and are known for their positive cardiovascular benefit. (d) As a condition of receipt of funds pursuant to Article 10 (commencing with Section 49530), schools and school districts shall provide the department with an annual certification of compliance with this section. (e) This section shall become operative only upon an appropriation for its purposes in the annual Budget Act or another statute.

Cal. Education Code - EDC § 49431. Section 49431.

(a) From the midnight before to 30 minutes after the end of the official schoolday, at each elementary school, the only competitive foods that may be sold to a pupil are fruit, vegetable, dairy, protein, or whole grain rich food items; foods with a fruit, vegetable, dairy, protein, or whole grain item as its first ingredient; or combination foods containing at least one-quarter cup of fruit or vegetable that meets the following standards: (1) Not more than 35 percent of its total calories shall be from fat. This paragraph shall not apply to individually sold portions of nuts, nut butters, seeds, seed butters, reduced-fat cheese or part-skim mozzarella cheese packaged for individual sale, eggs, fruits, vegetables that have not been deep fried, seafood, or a dried fruit and nut and seed combination. (2) Less than 10 percent of its total calories shall be from saturated fat. This paragraph shall not apply to reduced-fat cheese or part-skim mozzarella cheese packaged for individual sale, eggs, nuts, nut butters, seeds, seed butters, or a dried fruit and nut and seed combination. (3) Not more than 35 percent of its total weight shall be composed of sugar, including naturally occurring and added sugar. This paragraph shall not apply to fruits, vegetables that have not been deep fried, or a dried fruit and nut and seed combination. (4) Contains less than 0.5 grams of trans fat per serving. (5) Contains not more than 200 milligrams of sodium per item, package, or container sold to a pupil. (6) Contains not more than 200 calories per individual food item. (7) Beginning December 31, 2027, competitive foods do 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). (8) Beginning July 1, 2035, federal National School Lunch Program and federal School Breakfast Program food and competitive entrées sold by any entity, excluding foods provided by the United States Department of Agriculture (USDA) Foods in Schools program, do 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. (b) An elementary school may permit the sale of food items that do not comply with subdivision (a) as part of a school fundraising event in either of the following circumstances: (1) The sale of those items takes place off of and away from school premises. (2) The sale of those items takes place on school premises at least one-half hour after the end of the schoolday. (c) It is the intent of the Legislature that the governing board of a school district annually review its compliance with the nutrition standards described in this section and Section 49431.5. (d) Nothing in this section shall be construed to prohibit a school from selling to a pupil, after the pupil has been provided a school meal pursuant to Section 49501.5, the entrée from an additional nutritiously adequate meal that qualifies for federal reimbursement, from the same meal service.

Cal. Education Code - EDC § 49431.2. Section 49431.2.

(a) From the midnight before to 30 minutes after the end of the official schoolday, at each middle school or high school, the only competitive snack foods that may be sold to a pupil are fruit, vegetable, dairy, protein, or whole grain rich food items; foods with a fruit, vegetable, dairy, protein, or whole grain item as its first ingredient; or combination foods containing at least one-quarter cup of fruit or vegetable that meet all of the following standards: (1) Not more than 35 percent of its total calories shall be from fat. This paragraph does not apply to the sale of nuts, nut butters, seeds, seed butters, reduced-fat cheese or part-skim mozzarella cheese packaged for individual sale, eggs, fruits, vegetables that have not been deep fried, seafood, or a dried fruit and nut and seed combination. (2) Less than 10 percent of its total calories shall be from saturated fat. This paragraph shall not apply to reduced-fat cheese or part-skim mozzarella cheese packaged for individual sale, eggs, nuts, nut butters, seeds, seed butters, or a dried fruit and nut and seed combination. (3) Not more than 35 percent of its total weight shall be composed of sugar, including naturally occurring and added sugars. This paragraph shall not apply to the sale of fruits, vegetables that have not been deep fried, or a dried fruit and nut and seed combination. (4) Contains less than 0.5 grams of trans fat per serving. (5) Contains not more than 200 milligrams of sodium per item, package, or container sold to a pupil. (6) Contains not more than 200 calories per individual food item. (7) Beginning December 31, 2027, competitive foods do 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). (8) Beginning July 1, 2035, competitive foods do 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. (b) (1) From the midnight before to 30 minutes after the end of the official schoolday, at each middle school or high school, a competitive entrée sold by the district food service department the day, or the day after, it is served on the federal National School Lunch Program or federal School Breakfast Program menu shall meet the following standards: (A) Contains not more than 400 calories per entrée item. (B) Not more than 35 percent of its total calories shall be from fat. (C) Contains less than 0.5 grams trans fat per serving. (D) Is offered in the same or smaller portion sizes as in the federal National School Lunch Program or federal School Breakfast Program. (E) Beginning December 31, 2027, federal National School Lunch Program and federal School Breakfast Program entrées, excluding foods provided by the United States Department of Agriculture (USDA) Foods in Schools program, do not contain any of the following substances: (i) Blue 1 (CAS 3844-45-9). (ii) Blue 2 (CAS 860-22-0). (iii) Green 3 (CAS 2353-45-9). (iv) Red 40 (CAS 25956-17-6). (v) Yellow 5 (CAS 1934-21-0). (vi) Yellow 6 (CAS 2783-94-0). (F) Beginning July 1, 2035, federal National School Lunch Program and federal School Breakfast Program entrées, excluding foods provided by the United States Department of Agriculture (USDA) Foods in Schools program, do not include either of the following: (i) Restricted school foods, as defined pursuant to Section 104662 of the Health and Safety Code. (ii) Ultraprocessed foods of concern, as defined pursuant to Section 104662 of the Health and Safety Code. (2) From the midnight before to 30 minutes after the end of the official schoolday, at each middle school or high school, a competitive entrée sold by the district food service department but not the day, or the day after, it is served on the federal National School Lunch Program or federal School Breakfast Program menu, or a competitive entrée sold by any other entity, shall meet the following standards: (A) Not more than 35 percent of its total calories shall be from fat. (B) Less than 10 percent of its calories shall be from saturated fat. (C) Not more than 35 percent of its total weight shall be composed of sugar, including naturally occurring and added sugar. (D) Contains less than 0.5 grams of trans fat per serving. (E) Contains not more than 480 milligrams of sodium. (F) Contains not more than 350 calories. (G) Beginning December 31, 2027, federal National School Lunch Program and federal School Breakfast Program entrées and competitive entrées sold by any entity, excluding foods provided by the United States Department of Agriculture (USDA) Foods in Schools program, do not contain any of the following substances: (i) Blue 1 (CAS 3844-45-9). (ii) Blue 2 (CAS 860-22-0). (iii) Green 3 (CAS 2353-45-9). (iv) Red 40 (CAS 25956-17-6). (v) Yellow 5 (CAS 1934-21-0). (vi) Yellow 6 (CAS 2783-94-0). (H) Beginning July 1, 2035, federal National School Lunch Program and federal School Breakfast Program entrées and competitive entrées sold by any entity, excluding foods provided by the United States Department of Agriculture (USDA) Foods in Schools program, do not include either of the following: (i) Restricted school foods, as defined pursuant to Section 104662 of the Health and Safety Code. (ii) Ultraprocessed foods of concern, as defined pursuant to Section 104662 of the Health and Safety Code. (c) A middle school or high school may permit the sale of food items that do not comply with subdivision (a) or (b) in any of the following circumstances: (1) The sale of those items takes place off of and away from school premises. (2) The sale of those items takes place on school premises at least one-half hour after the end of the schoolday. (d) It is the intent of the Legislature that the governing board of a school district annually review its compliance with the nutrition standards described in this section. (e) Nothing in this section shall be construed to prohibit a school from selling to a pupil, after the pupil has been provided a school meal pursuant to Section 49501.5, the entrée from an additional nutritiously adequate meal that qualifies for federal reimbursement, from the same meal service.

Cal. Education Code - EDC § 49431.5. Section 49431.5.

(a) (1) (A) From the midnight before to 30 minutes after the end of the official schoolday, at each elementary or middle school, the only competitive beverages that may be sold to a pupil are the following: (i) Fruit-based drinks that are composed of no less than 50 percent fruit juice and have no added sweetener in a maximum serving size of 8 fluid ounces for elementary school or 12 fluid ounces for middle school. (ii) Vegetable-based drinks that are composed of no less than 50 percent vegetable juice and have no added sweetener in a maximum serving size of 8 fluid ounces for elementary school or 12 fluid ounces for middle school. (iii) Plain water or plain carbonated water. (iv) One-percent-fat unflavored milk, nonfat flavored or unflavored milk, soy milk, rice milk, almond milk, and other similar nondairy milk in a maximum serving size of 8 fluid ounces for elementary school or 12 fluid ounces for middle school. (B) A beverage shall not contain any of the following: (i) Caffeine, with the exception of trace amounts of naturally occurring caffeine substances. (ii) Beginning December 31, 2027, any of the following substances: (I) Blue 1 (CAS 3844-45-9). (II) Blue 2 (CAS 860-22-0). (III) Green 3 (CAS 2353-45-9). (IV) Red 40 (CAS 25956-17-6). (V) Yellow 5 (CAS 1934-21-0). (VI) Yellow 6 (CAS 2783-94-0). (iii) Beginning July 1, 2035, either of the following: (I) Restricted school foods, as defined pursuant to Section 104662 of the Health and Safety Code. (II) Ultraprocessed foods of concern, as defined pursuant to Section 104662 of the Health and Safety Code. (2) An elementary school or middle school may permit the sale of beverages that do not comply with paragraph (1) as part of a school fundraising event in either of the following circumstances: (A) The sale of those items takes place off and away from the premises of the school. (B) The sale of those items takes place on school premises at least one-half hour after the end of the schoolday. (3) (A) From the midnight before to 30 minutes after the end of the official schoolday, at each high school, the only competitive beverages that may be sold to a pupil are the following: (i) Fruit-based drinks that are composed of no less than 50 percent fruit juice and have no added sweetener in a maximum serving size of 12 fluid ounces. (ii) Vegetable-based drinks that are composed of no less than 50 percent vegetable juice and have no added sweetener in a maximum serving size of 12 fluid ounces. (iii) Plain water or plain carbonated water. (iv) One-percent-fat unflavored milk, nonfat flavored or unflavored milk, soy milk, rice milk, almond milk, and other similar nondairy milk in a maximum serving size of 12 fluid ounces. (v) Flavored water or flavored carbonated water with no added sweetener that is labeled to contain less than five calories per 8 fluid ounces in a maximum serving size of 20 fluid ounces. (vi) Flavored water or flavored carbonated water with no added sweetener that is labeled to contain no more than 40 calories per 8 fluid ounces in a maximum serving size of 12 fluid ounces. (vii) Electrolyte replacement beverages that are labeled to contain less than five calories per 8 fluid ounces in a maximum serving size of 20 fluid ounces. (viii) Electrolyte replacement beverages that are labeled to contain no more than 40 calories per 8 fluid ounces in a maximum serving size of 12 fluid ounces. (B) Beverages labeled or commonly referred to as sodas, colas, or soft drinks are not allowed. (C) A beverage shall not contain any of the following: (i) Caffeine, with the exception of trace amounts of naturally occurring caffeine substances. (ii) Beginning December 31, 2027, any of the following substances: (I) Blue 1 (CAS 3844-45-9). (II) Blue 2 (CAS 860-22-0). (III) Green 3 (CAS 2353-45-9). (IV) Red 40 (CAS 25956-17-6). (V) Yellow 5 (CAS 1934-21-0). (VI) Yellow 6 (CAS 2783-94-0). (iii) Beginning July 1, 2035, either of the following: (I) Restricted school foods, as defined pursuant to Section 104662 of the Health and Safety Code. (II) Ultraprocessed foods of concern, as defined pursuant to Section 104662 of the Health and Safety Code. (4) A high school may permit the sale of beverages that do not comply with paragraph (3) as part of a school event if the sale of those items meets either of the following criteria: (A) The sale of those items takes place off and away from the premises of the school. (B) The sale of those items takes place on school premises at least one-half hour after the end of the schoolday. (b) It is the intent of the Legislature that the governing board of a school district annually review its compliance with this section. (c) Notwithstanding Article 3 (commencing with Section 33050) of Chapter 1 of Part 20 of Division 2, compliance with this section shall not be waived.

Cal. Education Code - EDC § 49431.7. Section 49431.7.

(a) From the midnight before to 30 minutes after the end of the official schoolday, a school or school district shall not sell to pupils enrolled in kindergarten, or any of grades 1 to 12, inclusive, food containing artificial trans fat, as defined in subdivision (b). (b) For purposes of this section, a food contains artificial trans fat if a food contains vegetable shortening, margarine, or any kind of partially hydrogenated vegetable oil, unless the manufacturer’s documentation or the label required on the food, pursuant to applicable federal and state law, lists the trans fat content as less than 0.5 grams of trans fat per serving. (c) This section shall not apply to food provided as part of a United States Department of Agriculture meal program.

Cal. Education Code - EDC § 49431.9. Section 49431.9.

(a) For purposes of this section, and unless the context requires otherwise, the following terms have the following meanings: (1) “Advertising” means an oral, written, or graphic statement or representation, including a company logo or trademark, made for the purposes of promoting the use or sale of a product by the producer, manufacturer, distributor, seller, or any other entity with a commercial interest in the product. (2) “Brand” means a corporate or product name, a business logo, or a mark, regardless of whether it may legally qualify as a trademark used by a seller or manufacturer to identify goods or services and to distinguish them from competitors’ goods. (3) “Food or beverage” means any food or beverage that does not comply with the nutrition standards for food or beverages pursuant to this article. (4) “Schoolday” means the period from the midnight before to 30 minutes after the end of the official schoolday. (b) Except as provided in subdivision (c), a school, school district, or charter school that participates in the federal National School Lunch Program or federal School Breakfast Program shall not do either of the following: (1) Advertise any food or beverage during the schoolday unless the food or beverage product manufactured, sold, or distributed under the corporate brand name can be served or sold on the school campus during the schoolday. This prohibition includes the advertising during the schoolday on any property or facility owned or leased by the school district or school and used for school-related activities, including, but not limited to, school buildings, athletic fields, facilities, signs, scoreboards, or parking lots, or any schoolbuses or other vehicles, equipment, vending machines, uniforms, educational material, or supplies. (2) Participate in a corporate incentive program that rewards pupils with free or discounted foods or beverages that do not comply with the nutritional standards required pursuant to this article when the pupils reach certain academic goals. (c) The restriction on advertising in subdivision (b) does not apply to any of the following: (1) Advertising on broadcast, digital, or print media, unless the media are produced or controlled by the local educational agency, school, faculty, or its pupils. (2) Advertising on clothing with brand images worn on school grounds. (3) Advertising contained in product packaging. (4) Advertising of infrequent school fundraising events, involving food or beverages that do not meet the nutritional standards pursuant to this article. (d) This section does not require a school, school district, or charter school to replace durable, nonconsumable items that are not in compliance with this section, including, but not limited to, scoreboards or team uniforms, in use as of January 1, 2018, but requires a school, school district, or charter school to comply with this section as these items are replaced or contracts are renegotiated. (e) It is the intent of the Legislature that the governing board or body of a school district and a charter school annually review their compliance with this section.

Cal. Education Code - EDC § 49432. Section 49432.

Every public school may post a summary of nutrition and physical activity laws and regulations, and shall inform the public about the content of the school’s local school wellness policy, established pursuant to the federal Healthy, Hunger-Free Kids Act of 2010 (Public Law 111-296). The department shall develop the summary of state law and regulations.

Cal. Education Code - EDC § 49434. Section 49434.

Compliance with this article shall be monitored by the department in conformity with the United States Department of Agriculture’s administrative review process, as published in the Federal Register, Volume 77, Number 17, on January 26, 2012.

Source: CA Legislative Counsel Bulk DataURL: https://downloads.leginfo.legislature.ca.gov/pubinfo_2025.zipFetched: 6/27/2026