BILL ANALYSIS
SENATE HEALTH
COMMITTEE ANALYSIS
Senator Deborah V. Ortiz, Chair
BILL NO: SB 12
S
AUTHOR: Escutia
B
AMENDED: March 30, 2005
HEARING DATE: May 4, 2005
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FISCAL: Rules / Nonfiscal
2
CONSULTANT:
Vazquez / ak
SUBJECT
School food nutrition
SUMMARY
This bill removes the requirement that SB 19 (Escutia,
Chapter 913, Statutes of 2001) be funded in order to be
implemented, thereby implementing nutrition standards in
elementary schools, and extends the standards to secondary
schools. This bill also modifies nutrition standards.
ABSTRACT
Existing law:
1.Limits the sale of food, contingent upon funding, outside
of the school meal program in elementary schools as
specified below.
2.Requires the sale of all foods on elementary school
grounds to comply with nutrition standards.
3.Limits, at each elementary school, the only food that may
be sold during breakfast and lunch to food that is sold
as part of a full meal.
4.Exempts from this standard and allows to be sold at
anytime fruit, non-fried vegetables, legumes, beverages,
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dairy products or grain products as individual food items
if they meet specified requirements.
5.Requires an individual food item sold to a pupil during
morning or afternoon breaks at an elementary school to
meet all of the following standards:
a. Not more than 35% of its total calories may be from
fat. Nuts or seeds are specifically exempted from
this requirement;
b. Not more than 10% of its total calories may be from
saturated fat; and,
c. Not more than 35% of its total weight may be
composed of sugar. Fruits or vegetables are
specifically exempted from this requirement.
6.Requires the California Department of Education (CDE) to
establish a three-year pilot program in at least ten
secondary schools to adopt the nutrition standards.
This bill:
1.Makes legislative findings and declarations, including:
a. The State of California has the second highest rate
of overweight and low-income children in the nation.
b. The growing epidemic of overweight children is due
to poor diet and physical inactivity, putting growing
numbers of California children at risk for type 2
diabetes, hypertension, heart disease, and cancer,
along with psychological problems, including low
self-esteem, poor body image, and symptoms of
depression.
c. In 2001, 26.5 percent of California pupils in
grades 5, 7, and 9 were overweight, with rates being
even higher for African-American children (28.6
percent) and Latino children (33.7 percent). In some
legislative districts, more than 35 percent of pupils
are overweight. Nationally, the prevalence of
overweight children and adolescents has increased
nearly fourfold in the last 40 years.
d. Healthy eating plays an important role in learning
and cognitive development. Children who do not get
adequate nutrients have lower academic test scores.
e. Because children spend approximately one-third of
their day at school, schools play an important role in
children's ability to acquire adequate nutrients.
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f. While the United States Department of Agriculture
(USDA) regulates the nutrient content of meals sold
under its reimbursable meal programs, similar
standards do not exist for "competitive foods" that
are sold outside the USDA meal programs. Competitive
foods are often very high in added sugar, sodium, and
fat.
2.Deletes the requirement the provisions associated with
the nutritional standards listed under "Existing law" be
funded prior to implementation, thereby imposing
nutrition standards in elementary schools, beginning July
1, 2007.
3.Extends these existing school nutrition standards to
secondary schools.
4.Modifies nutrition standards, as follows:
a. Adds the sale of nut butters, eggs, cheese packaged
for individual sale, fruits, vegetables, or legumes to
the list of items exempted from the restrictions on
total calories from fat;
b. Exempts the sale of eggs or cheese packaged for
individual sale from the restrictions on total
calories from saturated fat; and
c. Includes naturally occurring and added sugars in
the restrictions on total weight from sugar.
5.Prohibits the portion size for a la carte sales from
exceeding the serving size of the food served in the
National School Lunch Program or School Breakfast Program
and prohibits food items sold through vending machines
from exceeding 200 calories per item and applies this
restriction to elementary and secondary schools.
6.Allows a secondary school to permit the sale of food
items that do not comply with the nutrition standards in
any of the following circumstances:
a. The sale of those items takes place off of school
premises;
b. The sale of those items takes place on school
premises at least one-half hour after the end of the
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school day; or
c. The sale of those items occurs during a
school-sponsored pupil activity after the end of the
school day.
7.Deletes the existing prohibition on the waiver of these
provisions by the State Board of Education.
8.Defines "added sweetener" as any additive other than 100%
fruit juice that enhances the sweetness of a beverage.
9.States legislative intent that the governing board of a
school district annually reviews its compliance with the
nutrition standards.
FISCAL IMPACT
After its review in this Committee, this bill has been
requested to return to the Rules Committee for
consideration for a subsequent referral to Appropriations.
BACKGROUND AND DISCUSSION
Purpose of the bill
SB 19 (Escutia, Chapter 913, Statutes of 2001) became law
in 2002. It would have implemented the same nutrition
standards governing competitive foods in this bill for
elementary schools. SB 19 also contained provisions
regarding the selling of soda, which this bill does not
contain. The author explains that implementation of these
provisions was made contingent on an increase in the
state's per meal reimbursement rate that districts receive
for the federal school lunch program. Due to the state's
budget crisis, this funding, which would have required
approximately $65 million annually, was never allocated and
the nutrition standards were thus never implemented.
However, many schools and some school districts have
implemented the nutrition standards on a voluntary basis.
This bill moves forward with implementation of the
standards, refines them, and extends them to high schools.
The authors states that the nutritional standards contained
in SB 12 were based on the work of a consensus panel of
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national nutrition experts convened by the California
Center for Public Health Advocacy at the request of Senator
Escutia. In 2004, the USDA used the standards as the basis
for its Healthier US Schools Challenge, which is a
voluntary certification program for schools that meet
specified nutrition standards, provide nutrition education
and provide the opportunity for physical activity. The
nutrition standards for this program are nearly identical
to those contained in this bill, including the portion size
provisions. An individual elementary school that meets the
Healthier US School Challenge criteria may apply for either
Silver or Gold certification. Part of the Gold standard
criteria includes the nutritional standards set forth in SB
12. However, the Gold standards are stricter as there are
not exemptions for foods such as individually packaged
cheeses or eggs.
Need for the bill
The author states that currently, foods and beverages sold
outside the federal school lunch program, e.g., in vending
machines, student stores or a la carte lines, are not
regulated for fat or sugar content. These foods are
commonly called "competitive foods" and most are low in
nutrients and high in calories, according to Action for
Healthy Kids, a public-private partnership and coalition of
40 national organizations and government agencies. As a
result, high-sugar and high-fat foods are extremely
prevalent on school campuses, particularly at the secondary
level. The Surgeon General's 2001 Call to Action to
Prevent and Decrease Overweight and Obesity encourages
changing the school environment. A report recently
completed by Action for Healthy Kids calls for 12 goals or
"best practices," including providing food options that are
low in fat, calories, and added sugars and ensuring that
healthy snacks and foods are provided in vending machines,
school stores, and other venues within the school's
control.
The author contends that inadequate consumption of key food
groups deprives children of essential vitamins, minerals,
fats and proteins that are necessary for optimal cognitive
function. The author states that in a 2003 study of
California high schools, more than 70 percent of responding
districts reported selling pizza, chips, cookies and soda
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as a la carte items. In comparison, there was only one
healthy item, fruit, that was sold a la carte by over 70
percent of responding districts. The prevalence of a la
carte sales in schools is on the rise nationwide and in a
2002 survey, the National Association of Student Councils
found that 84 percent of student leaders felt schools
should make healthy eating a priority for all students and
85 percent felt it was important or very important that
more healthy items be available in cafeterias.
Arguments in support
Supporters of SB 12 state that childhood and adult obesity
is an increasing problem in California and that the school
environment is an important and appropriate one for
teaching portion size and proper nutrition through offering
healthy food. Proponents state that precursors of chronic
disease previously only seen in adults, such as Type II
diabetes, high blood pressure, and high cholesterol, are
now being diagnosed in children. They site findings of the
California Project LEAN, a joint program of the Department
of Health Services (DHS) and the Public Health Institute,
which found that nearly 34 percent of children age 9-11
years and 21 percent of 12-17 year olds are overweight or
at risk for becoming overweight. They site that only two
percent of teenagers in California met five diet and
activity recommendations.
Proponents also state that the measure addresses the
growing crisis of child obesity in communities of color by
reducing the sale of unhealthy foods and beverages in
public schools. They state that according to the
California Center for Public Health Advocacy, over one in
four students in California are oversight and two in five
are considered unfit. African-American and Latino youth
face higher rates of overweight and poor fitness than White
and Asian youth. In addition, supporters cite the economic
burden of obesity and its cost to California annually of
approximately $14.2 billion in direct medical costs and
lost productivity.
Arguments in opposition
The Grocery Manufacturers of America (GMA) state that
solving the obesity problem is about maintaining a healthy
lifestyle and achieving the proper energy balance. GMA
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asserts that restricting or limiting certain foods will do
little or nothing to help people choose the right foods for
their own dietary needs. GMA states that USDA regulations
already prohibit food and beverages of minimal nutritional
value from being sold during the school lunch period. In
addition, GMA states that California law requires that 50
percent of the items, other than foods reimbursed under
federal law, offered for sale at any school site by any
entity or organization during regular school hours be
selected from a prescribed list of foods. The California
Chamber of Commerce raises similar points in opposition and
states that California law and federal regulations
adequately protect children and further restriction will
achieve little while costing much to both the local school
systems and state.
Related legislation
SB 281 (Maldonado) establishes a two-year pilot program
to make available free fresh and dried fruits and fresh
vegetables to pupils in at least 25 eligible elementary
and secondary schools throughout the state. SB 281 is
currently under review in the Senate Appropriations
Committee.
AB 569 (Garcia) requires a school district that elects to
contract with a commercial food vendor to prepare or
provide food for sale to pupils on a school campus to
make information available on the nutritional content of
all food items sold. AB 569 is scheduled to be heard by
the Assembly Education Committee on May 4, 2005.
AB 622 (Negrete McLeod) deletes existing nutrition
standards for food and beverages and establishes new
standards based upon calories per serving. AB 622 is
currently under review in the Assembly Education
Committee.
AB 443 (Yee) eliminates the requirement that the State
Board of Education develop policy and regulations for the
sale of food by pupil and adult organizations and,
instead, requires the governing board of a school
district or county office of education to ensure that
food or beverages sold or served by any organization,
other than the school food service department, does not
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interfere with optimum participation in non-profit food
service programs. AB 443 is currently under review in
the Assembly Appropriations Committee.
AB 444 (Yee) requires CDE to develop and maintain
nutrition guidelines for all food and beverages served on
public school campuses. AB 444 is currently under
consideration on the Assembly floor.
Prior legislation
SB 1566 (Escutia, 2004) was very similar to this bill.
SB 1566 failed passage on the Assembly Floor.
AB 2751 (Yee, 2004) among other things, required CDE to
develop nutritional guidelines regarding the sugar
content of foods served on public school campuses. AB
2781 died on the Senate Floor.
SB 19 (Escutia, Chapter 913, Statutes of 2001)
established nutrition standards for elementary schools
and limits the sale of certain beverages at secondary
schools. SB 19 established a pilot program for secondary
schools to adopt nutrition standards. The implementation
of SB 19 was contingent upon the allocation of funding.
Comments and questions
1.This bill prohibits food sold from a vending machine from
exceeding 200 calories per item. However, this
restriction would not apply to other sales venues, such
as a snack bar or kiosk. Does the author wish to apply
this restriction to all food sold outside of the school
meal program?
2.The language in the bill currently permits the sale of
food items that do not comply with the nutritional
standards imposed by the bill at a school fundraising
event when the sale of those items takes place off of
school premises or at least one-half hour after the end
of the schoolday when the items are sold by pupils of the
school . The condition of the items being sold by pupils
of the school does not exist for middle, junior, or high
schools. Does the author wish to align these provisions
to make them identical or can the author please explain
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why the distinction is necessary?
POSITIONS
Support: California Center for Public Health Advocacy
(co-sponsor)
California School Boards Association
(co-sponsor)
American Cancer Society (co-sponsor)
American Heart Association (co-sponsor)
California Academy of Family Physicians
(co-sponsor)
California Pan-Ethnic Health Network
(co-sponsor)
Latino Coalition for a Healthy California
(co-sponsor)
Alameda County Board of Supervisors
Alameda County Nutrition Services
Alliance for a Better Community
AltaMed Health Services Corporation
American Diabetes Association
American Federation of State, County, and
Municipal Employees
American Nurses Association of California
American Sports Institute
Applied Research Center
Asian and Pacific Islander American Health
Forum
Asian Health Services
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California Adolescent Nutrition and Fitness
Program
California Chiropractic Association
California Federation of Teachers
California Food Policy Advocates
California Medical Association
California Nurses Association
California Optometric Association
California School Health Centers Association
California School Nurses Organization
California State PTA
California Teachers Association
Center for Science in the Public Interest
Children's Hospital Los Angeles
Community Health Councils, Inc., Reach 2010
Project
Community Partnership for Youth
Consumer Attorneys of California
Consumers Union
County Health Executives Association of
California
Diabetes Coalition of California
Dole Food Company and the Dole Nutrition
Institute
Health Education Council
Health Officers Association of California
Junior Leagues of California State Public
Affairs Committee
Kaiser Permanente
Labor's Community Service Agency
Latino Issues Forum
Law Office of Evelyn A. Cox
Monterey County Board of Supervisors
North Coast Clinics Network
Organizaci?n en California de L?deres
Campesinas, Inc.
Prevention Institute
Public Health Advisory Board
Responsible Citizens, Inc.
Salinas Adult School Child Care Program
Santa Clara County Office of Education
Shasta County Board of Supervisors
Southern California Public Health
Association
State Superintendent of Public Instruction
Jack O'Connell
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Strategic Alliance for Healthy Food and
Activity Environments
Sun Ridge Farms / Falcon Trading Company
Tulare County Office of Education, School
Health Programs
Ukiah Unified School District
University of California Cooperative
Extension School Nutrition
Education Program
Numerous individuals
Oppose: California Chamber of Commerce
Grocery Manufactures of America
National Confectioners Association
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