Existing law provides that a public school district, county superintendent of schools, or charter school maintaining kindergarten or any of grades 1 to 12, is limited in the type of food and beverages they can sell to students during school hours and shortly after the end of the school day. The food sold must meet certain dietary guidelines, unless the food is sold as part of a school fundraising event. The dietary guidelines, which vary by grade level, include various prohibited substances. AB 1264 adds to the list of prohibited substances. Beginning July 1, 2035, prohibited substances in the dietary guidelines will include restricted school foods and ultra-processed foods of concern. However, schools should begin to phase out restricted school foods and ultra-processed foods by July 1, 2029.
AB 1264 requires the State Department of Public Health to adopt regulations to define “ultra-processed foods of concern” and “restricted school foods” by June 1, 2028, taking into account certain factors, such as whether the foods are linked to health harms like cancer or obesity.
(AB 1264 amends Sections 49431, 49431.2, 49431.5, 49501.5, and 49531 of the Education Code. AB 1264 adds Article 3 (commencing with Section 104660) to Chapter 2 of Part 3 of Division 103 of the Health and Safety Code.)