Section 49431.5 - Beverages sold to pupils(a)(1) From the midnight before to 30 minutes after the end of the official schoolday, at each elementary or middle school, the only competitive beverages that may be sold to a pupil are the following: (A) Fruit-based drinks that are composed of no less than 50 percent fruit juice and have no added sweetener in a maximum serving size of 8 fluid ounces for elementary school or 12 fluid ounces for middle school.(B) Vegetable-based drinks that are composed of no less than 50 percent vegetable juice and have no added sweetener in a maximum serving size of 8 fluid ounces for elementary school or 12 fluid ounces for middle school.(C) Plain water or plain carbonated water.(D) One-percent-fat unflavored milk, nonfat flavored or unflavored milk, soy milk, rice milk, almond milk, and other similar nondairy milk in a maximum serving size of 8 fluid ounces for elementary school or 12 fluid ounces for middle school.(E) A beverage shall not contain caffeine with the exception of trace amounts of naturally occurring caffeine substances.(2) An elementary school or middle 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 the midnight before to 30 minutes after the end of the official schoolday, at each high school, the only competitive beverages that may be sold to a pupil are the following:(A) Fruit-based drinks that are composed of no less than 50 percent fruit juice and have no added sweetener in a maximum serving size of 12 fluid ounces.(B) Vegetable-based drinks that are composed of no less than 50 percent vegetable juice and have no added sweetener in a maximum serving size of 12 fluid ounces.(C) Plain water or plain carbonated water.(D) One-percent-fat unflavored milk, nonfat flavored or unflavored milk, soy milk, rice milk, almond milk, and other similar nondairy milk in a maximum serving size of 12 fluid ounces.(E) Flavored water or flavored carbonated water with no added sweetener that is labeled to contain less than 5 calories per 8 fluid ounces in a maximum serving size of 20 fluid ounces.(F) Flavored water or flavored carbonated water with no added sweetener that is labeled to contain no more than 40 calories per 8 fluid ounces in a maximum serving size of 12 fluid ounces.(G) Electrolyte replacement beverages that are labeled to contain less than 5 calories per 8 fluid ounces in a maximum serving size of 20 fluid ounces.(H) Electrolyte replacement beverages that are labeled to contain no more than 40 calories per 8 fluid ounces in a maximum serving size of 12 fluid ounces.(I) Beverages labeled or commonly referred to as sodas, colas, or soft drinks are not allowed.(J) A beverage shall not contain caffeine with the exception of trace amounts of naturally occurring caffeine substances.(4) A 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 shall not be waived.Amended by Stats 2017 ch 382 (AB 691),s 2, eff. 1/1/2018.Amended by Stats 2016 ch 280 (SB 1169),s 7, eff. 1/1/2017.Amended by Stats 2013 ch 706 (AB 626),s 11, eff. 1/1/2014.Amended by Stats 2005 ch 237 (SB 965),s 1, eff. 1/1/2006Added by Stats 2003 ch 415 (SB 677), s 4, eff. 1/1/2004.