AB 1264: Pupil nutrition: restricted school foods and ultraprocessed foods of concern: prohibition.

Official summary

Legislative Counsel’s Digest (official, as of the latest version). Written by nonpartisan legislative staff; reproduced verbatim.

(1)Existing law, the California Nutrition Monitoring Development Act of 1986, requires the State Department of Public Health to assess the availability and adequacy of existing state and local food and nutrition data systems. The act requires different state departments, including the State Department of Education, to provide to the State Department of Public Health, upon request, nutrition-related data collection forms, documentation, and reports of various programs.

This bill would define “ultraprocessed food” for certain school-related purposes and would require the State Department of Public Health to adopt regulations, on or before June 1, 2028, to define “ultraprocessed foods of concern” and “restricted school foods,” as specified. The bill would require the department, when defining ultraprocessed foods of concern and restricted school foods, to consider specified factors, including, among others, whether, based on reputable peer-reviewed scientific evidence, a substance or group of substances are linked to health harms or adverse health consequences, as specified. The bill would require schools, as defined, to begin to phase out restricted school foods and ultraprocessed foods of concern by no later than July 1, 2029. Beginning July 1, 2032, the bill would prohibit a vendor from offering restricted school foods and ultraprocessed foods of concern to a school.

This bill, on or before February 1, 2028, and on or before February 1 of each year thereafter through February 1, 2032, would require a vendor to report specified information to the State Department of Public Health for each food product sold to a school in the past calendar year, including, among others, the total quantity of food product sold to schools and whether that food product is an ultraprocessed food, a restricted school food, or an ultraprocessed food of concern. The bill, on or before July 1, 2028, and on or before July 1 of each year thereafter through July 1, 2032, would require the State Department of Public Health, in consultation with the State Department of Education, to submit to the Legislature and the Governor a report that contains, among other things, a summary and analysis of the information reported to the State Department of Public Health by vendors and recommendations for state and local legislative actions that could reduce the consumption of ultraprocessed foods, restricted school foods, and ultraprocessed foods of concern in schools. The bill would require the State Department of Public Health to consult with the State Department of Education regarding compliance training and technical assistance for school food service and procurement staff for these purposes and would require the State Department of Public Health to establish a structure to deliver training and technical assistance to local educational agencies.

(2)Existing law requires the State Department of Education to develop and maintain nutrition guidelines for school lunches and breakfasts, and for all food and beverages sold on public school campuses, consistent with the requirements for a nutritionally adequate breakfast and a nutritionally adequate lunch. Existing law defines a nutritionally adequate breakfast and a nutritionally adequate lunch for these purposes to mean those that qualify for reimbursement under the most current meal pattern for the federal School Breakfast Program and the federal National School Lunch Program, respectively.

Existing law requires a school district, county superintendent of schools, or charter school maintaining kindergarten or any of grades 1 to 12, inclusive, to make available a nutritionally adequate breakfast and a nutritionally adequate lunch, free of charge, during each schoolday to any pupil who requests a meal without consideration of the pupil’s eligibility for a federally funded free or reduced-price meal. Existing law authorizes a school operated and maintained by a school district or county office of education, from the midnight before to 30 minutes after the end of the official schoolday, to sell food and beverages other than meals reimbursed by specified federal nutrition programs, only if the food or beverages meet dietary guidelines, as specified, depending on grade level.

This bill, beginning July 1, 2035, would prohibit a school district, county superintendent of schools, or charter school maintaining kindergarten or any of grades 1 to 12, inclusive, from offering a nutritionally adequate breakfast or lunch that includes restricted school foods or ultraprocessed foods of concern, as provided, and would prohibit a school operated and maintained by a school district or county office of education from selling food or beverages, except for food items sold as part of a school fundraising event, containing those restricted school foods or ultraprocessed foods of concern, as provided.

Sponsors

Sponsors by party (alphabetical): Democratic 16 · Republican 8

“Support” is shown only as formal sponsorship recorded by the legislature. Roll-call votes are available on the official bill page.

Recent official actions

1. October 8, 2025Chaptered by Secretary of State - Chapter 467, Statutes of 2025.
2. October 8, 2025Approved by the Governor.
3. September 24, 2025Enrolled and presented to the Governor at 3 p.m.
4. September 12, 2025Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 79. Noes 1. Page 3388.).
5. September 12, 2025In Assembly. Concurrence in Senate amendments pending.
6. September 11, 2025Read third time. Passed. Ordered to the Assembly. (Ayes 40. Noes 0. Page 2916.).
7. September 9, 2025From committee: That the measure be returned to Senate Floor for consideration. (Ayes 10. Noes 0.) (September 9)
8. September 8, 2025(Ayes 5. Noes 0. Page 2570.)
9. September 8, 2025Re-referred to Com. on HEALTH pursuant to Senate Rule 29.10(b).
10. September 8, 2025Re-referred to Com. on RLS. pursuant to Senate Rule 29.10(b).
11. September 8, 2025Read second time. Ordered to third reading.
12. September 4, 2025Read third time and amended. Ordered to second reading.