(a) The Legislature finds and declares all of the following: (1) State and federal laws require all schools participating in meal programs to provide nutritious food and beverages to pupils. (2) State and federal laws restrict the sale of food and beverages in competition with meal programs to enhance the nutritional goals for pupils, and to protect the fiscal and nutritional integrity of the school food service programs. (3) Parents, pupils, and community members should have the opportunity to ensure, through the review of food and beverage contracts, that food and beverages sold on school campuses provide nutritious sustenance to pupils, promote good health, help pupils learn, provide energy, and model fit living for life. (b) For purposes of this section, the following terms have the following meanings: (1) âNonnutritious beveragesâ means any beverage that is not any of the following: (A) Drinking water. (B) Milk, including, but not limited to, chocolate milk, soy milk, rice milk, almond milk, and other similar dairy or nondairy milk. (C) An electrolyte replacement beverage that contains 42 grams or less of added sweetener per 20 ounce serving. (D) A 100 percent fruit juice, or fruit-based drink that is composed of 50 percent or more fruit juice and that has no added sweeteners. (2) âAdded sweetenerâ means an additive that enhances the sweetness of the beverage, including, but not limited to, added sugar, but does not include the natural sugar or sugars that are contained within any fruit juice that is a component of the beverage. (3) âNonnutritious foodâ means food that is not sold as part of the school breakfast or lunch program as a full meal, and that meets any of the following standards: (A) More than 35 percent of its total calories are from fat. (B) More than 10 percent of its total calories are from saturated fat. (C) More than 35 percent of its total weight is composed of sugar. This subparagraph does not apply to the sale of fruits or vegetables. (c) The governing board of a school district shall not do any of the following: (1) Enter into or renew a contract, or permit a school within the school district to enter into or renew a contract, that grants exclusive or nonexclusive advertising or grants the right to the exclusive or nonexclusive sale of carbonated beverages, nonnutritious beverages, or nonnutritious food within the school district to a person, business, or corporation, unless the governing board of the school district does all of the following: (A) Adopts a policy after a public hearing of the governing board of the school district to ensure that the school district has internal controls in place to protect the integrity of the public funds and to ensure that funds raised benefit public education, and that the contracts are entered into on a competitive basis pursuant to procedures contained in Section 20111 of the Public Contract Code or through the issuance of a request for proposal. (B) Provides to parents, guardians, pupils, and members of the public the opportunity to comment on the contract by holding a public hearing on the contract during a regularly scheduled meeting of the governing board of the school district. The governing board of the school district shall clearly, and in a manner recognizable to the general public, identify in the agenda the contract to be discussed at the meeting. (2) Enter into a contract that prohibits a school district employee from disparaging the goods or services of the party contracting with the governing board of the school district. (3) Enter into a contract or permit a school within the school district to enter into a contract for electronic products or services that requires the dissemination of advertising to pupils, unless the governing board of the school district does all of the following: (A) Enters into the contract at a noticed public hearing of the governing board of the school district. (B) Makes a finding that the electronic product or s
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