(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.
