AB1264 - Pupil nutrition: restricted school foods and ultraprocessed foods of concern: prohibition.

Assembly Bill No. 1264 CHAPTER 467 An act to amend Sections 49431, 49431.2, 49431.5, 49501.5, and 49531 of the Education Code, and to add Article 3 (commencing with Section 104660) to Chapter 2 of Part 3 of Division 103 of, and to repeal Sections 104665 and 104665.05 of, the Health and Safety Code, relating to pupil nutrition. [ Approved by Governor October 08, 2025. Filed with Secretary of State October 08, 2025. ] LEGISLATIVE COUNSEL'S DIGEST AB 1264, Gabriel. Pupil nutrition: restricted school foods and ultraprocessed foods of concern: prohibition. (1) Existing law, the California Nutrition Monitoring Development Act of 1986, requires the State Department of Public Health to assess the availability and adequacy of existing state and local food and nutrition data systems. The act requires different state departments, including the State Department of Education, to provide to the State Department of Public Health, upon request, nutrition-related data collection forms, documentation, and reports of various programs. This bill would define “ultraprocessed food” for certain school-related purposes and would require the State Department of Public Health to adopt regulations, on or before June 1, 2028, to define “ultraprocessed foods of concern” and “restricted school foods,” as specified. The bill would require the department, when defining ultraprocessed foods of concern and restricted school foods, to consider specified factors, including, among others, whether, based on reputable peer-reviewed scientific evidence, a substance or group of substances are linked to health harms or adverse health consequences, as specified. The bill would require schools, as defined, to begin to phase out restricted school foods and ultraprocessed foods of concern by no later than July 1, 2029. Beginning July 1, 2032, the bill would prohibit a vendor from offering restricted school foods and ultraprocessed foods of concern to a school. This bill, on or before February 1, 2028, and on or before February 1 of each year thereafter through February 1, 2032, would require a vendor to report specified information to the State Department of Public Health for each food product sold to a school in the past calendar year, including, among others, the total quantity of food product sold to schools and whether that food product is an ultraprocessed food, a restricted school food, or an ultraprocessed food of concern. The bill, on or before July 1, 2028, and on or before July 1 of each year thereafter through July 1, 2032, would require the State Department of Public Health, in consultation with the State Department of Education, to submit to the Legislature and the Governor a report that contains, among other things, a summary and analysis of the information reported to the State Department of Public Health by vendors and recommendations for state and local legislative actions that could reduce the consumption of ultraprocessed foods, restricted school foods, and ultraprocessed foods of concern in schools. The bill would require the State Department of Public Health to consult with the State Department of Education regarding compliance training and technical assistance for school food service and procurement staff for these purposes and would require the State Department of Public Health to establish a structure to deliver training and technical assistance to local educational agencies. (2) Existing law requires the State Department of Education to develop and maintain nutrition guidelines for school lunches and breakfasts, and for all food and beverages sold on public school campuses, consistent with the requirements for a nutritionally adequate breakfast and a nutritionally adequate lunch. Existing law defines a nutritionally adequate breakfast and a nutritionally adequate lunch for these purposes to mean those that qualify for reimbursement under the most current meal pattern for the federal School Breakfast Program and the federal National School Lunch Program, respectively. Existing law requires a school district, county superintendent of schools, or charter school maintaining kindergarten or any of grades 1 to 12, inclusive, to make available a nutritionally adequate breakfast and a nutritionally adequate lunch, free of charge, during each schoolday to any pupil who requests a meal without consideration of the pupil’s eligibility for a federally funded free or reduced-price meal. Existing law authorizes a school operated and maintained by a school district or county office of education, from the midnight before to 30 minutes after the end of the official schoolday, to sell food and beverages other than meals reimbursed by specified federal nutrition programs, only if the food or beverages meet dietary guidelines, as specified, depending on grade level. This bill, beginning July 1, 2035, would prohibit a school district, county superintendent of schools, or charter school maintaining kindergarten or any of grades 1 to 12, inclusive, from offering a nutritionally adequate breakfast or lunch that includes restricted school foods or ultraprocessed foods of concern, as provided, and would prohibit a school operated and maintained by a school district or county office of education from selling food or beverages, except for food items sold as part of a school fundraising event, containing those restricted school foods or ultraprocessed foods of concern, as provided. (3) To the extent this bill would impose additional requirements on public schools, the bill would impose a state-mandated local program. (4) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill Text The people of the State of California do enact as follows: SECTION 1. This act shall be known, and may be cited, as the Real Food, Healthy Kids Act. SEC. 2. (a) It is the intent of the Legislature to reduce the consumption of ultraprocessed foods by the children of California, and to encourage schools and school districts to promote and provide healthier options in school meals in advance of the compliance dates provided in Section 104664 of the Health and Safety Code. (b) It is further the intent of the Legislature to prioritize the inclusion of agricultural and whole food products in school meals. SEC. 3. Section 49431 of the Education Code is amended to read: 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. SEC. 4. Section 49431.2 of the Education Code is amended to read: 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 [Text truncated for display. Full text available on Congress.gov.]