CA Educ Code Section 49431.5

(a)

(1)Regardless of the time of day, only the following beverages may be sold to a pupil at an elementary school:

(A)

Fruit-based drinks that are composed of no less than 50 percent fruit juice and have no added sweetener.

(B)

Vegetable-based drinks that are composed of no less than 50 percent vegetable juice and have no added sweetener.

(C)

Drinking water with no added sweetener.

(D)

One-percent-fat milk, nonfat milk, soy milk, rice milk, and other similar nondairy milk.

(2)

An elementary 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)

From one-half hour before the start of the schoolday to one-half hour after the end of the schoolday, only the following beverages may be sold to a pupil at a middle school or high school:

(A)

Fruit-based drinks that are composed of no less than 50 percent fruit juice and have no added sweetener.

(B)

Vegetable-based drinks that are composed of no less than 50 percent vegetable juice and have no added sweetener.

(C)

Drinking water with no added sweetener.

(D)

One-percent-fat milk, nonfat milk, soy milk, rice milk, and other similar nondairy milk.

(E)

An electrolyte replacement beverage that contains no more than 42 grams of added sweetener per 20-ounce serving.

(4)

A middle school or 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 may not be waived.