SECTIONS 38080-38086 - California Statutes

EDUCATION CODE

SECTION 38080-38086

38080. The term "cafeteria" as used in this code is considered
synonymous with the term "food service."

38081. The governing board of any school district may establish
cafeterias in the schools under its jurisdiction whenever in its
judgment it is advisable to do so.

38082. Food shall not be sold at any cafeteria operated by a school
district to anyone except pupils and employees of any school
district, members of the governing board thereof, and members or
employees of the fund or association maintaining the cafeteria;
provided, however, that nothing herein contained shall prohibit the
use of the cafeteria facilities by any work or harvest camp
maintained by or within the district, and by persons entitled to use
the school under the Civic Center Act; and provided further, that the
governing board of any school district operating a cafeteria may
exempt by formal resolution of the board other individuals and
organizations from the operation of this section including senior
citizens participating in any program conducted pursuant to Chapter 6
(commencing with Section 9500) of Division 8.5 of the Welfare and
Institutions Code.

38083. Perishable foodstuffs and seasonal commodities needed in the
operation of cafeterias may be purchased by the school district in
accordance with rules and regulations for such purchase adopted by
the governing board of said district notwithstanding any provisions
of this code in conflict with such rules and regulations.

38084. The food served shall be sold to the patrons of the
cafeterias at such a price as will pay the cost of maintaining the
cafeterias, exclusive of the costs made a charge against the funds of
the school district by this chapter, and items made a charge against
the funds of the school district by resolution of the governing
board under authority of this chapter.

38085. A minimum of 50 percent of the items, other than foods
reimbursed under Chapters 13 (commencing with Section 1751) and 13A
(commencing with Section 1771) of Title 42 of the United States Code,
offered for sale each schoolday at any schoolsite by any entity or
organization during regular school hours shall be selected from the
following list:
(a) Milk and dairy products, including cheese, yogurt, frozen
yogurt, and ice cream.
(b) Full-strength fruit and vegetable juices and fruit drinks
containing 50 percent or more full-strength fruit juice, and fruit
nectars containing 35 percent or more full-strength fruit juice.
(c) Fresh, frozen, canned, and dried fruits and vegetables.
(d) Nuts, seeds, and nut butters.
(e) Nonconfection grain products, as defined by regulation of the
United States Food and Drug Administration, including crackers, bread
sticks, tortillas, pizza, pretzels, bagels, muffins, and popcorn.
(f) Meat, poultry, and fish, and their products, including beef
jerky, tacos, meat turnovers, pizza, chili and sandwiches.
(g) Legumes and legume products, including bean burritos, chili
beans, bean dip, roasted soy beans, and soups.
(h) Any foods which would qualify as one of the required food
components of the Type A lunch which is defined in and reimbursable
under the National School Lunch Act (Chapter 13 (commencing with
Section 1751) of Title 42 of the United States Code).
For the purposes of this section, "item" shall be defined as each
separate kind of food offered for sale as a separate unit.

38086. (a) Except as provided in subdivision (b), by July 1, 2011,
a school district shall provide access to free, fresh drinking water
during meal times in the food service areas of the schools under its
jurisdiction, including, but not necessarily limited to, areas where
reimbursable meals under the National School Lunch Program or the
federal School Breakfast Program are served or consumed. A school
district may comply with this section by, among other means,
providing cups and containers of water or soliciting or receiving
donated bottled water.
(b) The governing board of a school district may adopt a
resolution stating that it is unable to comply with the requirements
of this section and demonstrating the reasons why it is unable to
comply due to fiscal constraints or health and safety concerns. The
resolution shall be publicly noticed on at least two consecutive
meeting agendas, first as an information item and second as an action
item, and approved by at least a majority of the governing board.