BILL NUMBER: SB 677 CHAPTERED
BILL TEXT
CHAPTER 415
FILED WITH SECRETARY OF STATE SEPTEMBER 17, 2003
APPROVED BY GOVERNOR SEPTEMBER 16, 2003
PASSED THE SENATE AUGUST 28, 2003
PASSED THE ASSEMBLY AUGUST 21, 2003
AMENDED IN ASSEMBLY JULY 16, 2003
AMENDED IN ASSEMBLY JULY 7, 2003
AMENDED IN SENATE MAY 5, 2003
AMENDED IN SENATE MARCH 26, 2003
INTRODUCED BY Senator Ortiz
FEBRUARY 21, 2003
An act to amend Section 49431 of, and to add Section 49431.5 to,
the Education Code, relating to schools.
LEGISLATIVE COUNSEL'S DIGEST
SB 677, Ortiz. The California Childhood Obesity Prevention Act.
Existing law prohibits the sale of certain beverages at elementary
schools regardless of the time of day and restricts the sale of
certain food items on those campuses during specified times.
Existing law further prohibits the sale of carbonated beverages in
middle schools from1/2 hour before the start of the schoolday until
after the end of the last lunch period. Existing law makes those
provisions operative on January 1, 2004, if funding is appropriated
for specified nutrition purposes on or before that date.
This bill would instead make those restrictions on the sale of
food items operative if funding is appropriated for those specified
nutritional purposes regardless of the date on which the
appropriation is made.
The bill would prohibit the sale of certain beverages to pupils in
elementary, middle, or junior high schools commencing July 1, 2004.
The bill would, in addition, exempt the sale of certain beverages at
specified school events from those prohibitions.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. This act shall be known and may be cited as the
California Childhood Obesity Prevention Act.
SEC. 2. The Legislature finds and declares as follows:
(a) In the past two decades obesity has doubled in children, and
tripled in adolescents. On average, 30 percent of California's
children are overweight, and in some school districts, anywhere from
40 to 50 percent of California's pupils are overweight. Only 2
percent of California's adolescents, between the ages of 12 and 17
years, inclusive, have eating habits that meet national dietary
recommendations. Only 23 percent of pupils in grades 5, 7, and 9 are
physically fit. Almost half of the children and adolescents
diagnosed with diabetes have the Type 2 form of the disease, which is
strongly linked to obesity and lack of exercise. One in four obese
children have early signs of Type 2 diabetes.
(b) Overweight and physical inactivity costs California an
estimated 24.6 billion dollars annually, approximately seven hundred
fifty dollars ($750) per person--a cost that is expected to rise by
another 32 percent by the year 2005. Poor nutrition and physical
inactivity account for more preventable deaths (28 percent) than
anything other than tobacco--more than AIDS, violence, car crashes,
alcohol, and drugs combined. The long-term impact of childhood
obesity on California's economy, and on our children's increased risk
of death from heart disease, cancer, stroke, and diabetes will be
staggering. Approximately 300,000 deaths in the United States per
year are currently associated with obesity and overweight; the total
direct and indirect costs attributed to overweight and obesity
amounted to 117 billion dollars in the year 2000. Obesity is linked
to a larger increase of chronic health conditions and accounts for a
significantly higher amount of health expenditures than those
associated with smoking, heavy drinking, or poverty.
(c) Each additional daily serving of sugar-sweetened soda
increases a child's risk for obesity by 60 percent. Twenty years
ago, boys consumed more than twice as much milk as soft drinks, and
girls consumed 50 percent more milk than soft drinks. By 1996, both
boys and girls consumed twice as many soft drinks as milk. Soft
drinks now comprise the leading source of added sugar in a child's
diet. Teenage boys consume twice the recommended amount of sugar
each day, almost one-half of which (44 percent) comes from soft
drinks. Teenage girls consume almost three times the recommended
amount of sugar, 40 percent of which comes from soft drinks.
(d) A study of 9th and 10th grade girls found that those who drank
colas were five times more likely to develop bone fractures, and
girls who drank other carbonated beverages were three times more
likely to suffer bone fractures than nonconsumers of carbonated
beverages. Decreased milk consumption means that children are no
longer getting required amounts of calcium in their diets. The
average teenage girl now consumes 40 percent less calcium than she
needs, putting her at high risk of osteoporosis in her later years.
SEC. 3. Section 49431 of the Education Code is amended to read:
49431. (a) At each elementary school, and in those schools
participating in the pilot program created pursuant to Section
49433.7, the sale of all foods on school grounds shall be approved
for compliance with the nutrition standards in this section by the
person or persons responsible for implementing these provisions as
designated by the school district.
(b) (1) At each elementary school, the only food that may be sold
to a pupil during breakfast and lunch periods is food that is sold as
a full meal. This paragraph does not prohibit the sale of fruit,
nonfried vegetables, legumes, beverages, dairy products, or grain
products as individual food items if they meet the requirements set
forth in this subdivision.
(2) An individual food item sold to a pupil during morning or
afternoon breaks at an elementary school shall meet all of the
following standards:
(A) Not more than 35 percent of its total calories shall be from
fat. This subparagraph does not apply to the sale of nuts or seeds.
(B) Not more than 10 percent of its total calories shall be from
saturated fat.
(C) Not more than 35 percent of its total weight shall be composed
of sugar. This subparagraph does not apply to the sale of fruits or
vegetables.
(c) An elementary school may permit the sale of food items that do
not comply with subdivision (a) or (b) as part of a school
fundraising event in any of the following circumstances:
(1) The items are sold by pupils of the school and the sale of
those items takes place off of school premises.
(2) The items are sold by pupils of the school and the sale of
those items takes place at least one-half hour after the end of the
schoolday.
(d) Notwithstanding Article 3 (commencing with Section 33050) of
Chapter 1 of Part 20, compliance with this section may not be waived.
(e) (1) This section shall become operative only if moneys are
appropriated for each of the following purposes:
(A) Providing nutrition policy development grants pursuant to
subdivision (c) of Section 49433.
(B) Support and technical assistance to school districts pursuant
to Section 49433.5.
(C) Increasing meal reimbursements pursuant to Section 49430.5.
(2) The department shall file a written statement with the
Secretary of the Senate and the Chief Clerk of the Assembly when
funds have been appropriated to meet the conditions of paragraph (1).
The statement shall state the annual Budget Act or other measure in
which each appropriation was made.
SEC. 4. Section 49431.5 is added to the Education Code, to read:
49431.5. (a) Commencing July 1, 2004, regardless of the time of
day, beverages, other than water, milk, 100 percent fruit juices, or
fruit-based drinks that are composed of no less than 50 percent fruit
juice and have no added sweeteners, may not be sold to a pupil at an
elementary school.
(b) An elementary school may permit the sale of beverages that do
not comply with subdivision (a) as part of a school fundraising event
in any of the following circumstances:
(1) The items are sold by pupils of the school and the sale of
those items takes place off the premises of the school.
(2) The items are sold by pupils of the school and the sale of
those items takes place one-half hour or more after the end of the
schoolday.
(c) Commencing July 1, 2004, 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 or
junior high school:
(1) Fruit-based drinks that are composed of no less than 50
percent fruit juice and have no added sweeteners.
(2) Drinking water.
(3) Milk, including, but not limited to, chocolate milk, soy milk,
rice milk, and other similar dairy or nondairy milk.
(4) An electrolyte replacement beverage that contains no more than
42 grams of added sweetener per 20-ounce serving.
(d) A middle or junior high school may permit the sale of
beverages that do not comply with subdivision (c) as part of a school
event if the sale of those items meets all of the following
criteria:
(1) The sale occurs during a school-sponsored event and takes
place at the location of that event after the end of the schoolday.
(2) Vending machines, pupil stores, and cafeterias are not used no
sooner than one-half hour after the end of the schoolday.
(e) This section does not prohibit an elementary, middle or junior
high school from making available through a vending machine any
beverage allowed under subdivision (a) or (c) at any time of day, or,
in middle and junior high schools, any product that does not comply
with subdivision (c) if the product only is available not later than
one-half hour before the start of the schoolday and not sooner than
one-half hour after the end of the schoolday.
(f) For the purposes of this section, "added sweetener" means any
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 the fruit juice which is a
component of the beverage.
(g) Notwithstanding Article 3 (commencing with Section 33050) of
Chapter 1 of Part 20, compliance with this section may not be waived.