BILL ANALYSIS
SB 12
Page 1
Date of Hearing: June 29, 2005
ASSEMBLY COMMITTEE ON EDUCATION
Jackie Goldberg, Chair
SB 12 (Escutia) - As Amended: June 21, 2005
[This bill is double referred to the Assembly Health Committee
and will be heard as it relates to the issues under its
jurisdiction]
SENATE VOTE : 24-14
SUBJECT : Pupil nutrition
SUMMARY : 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,
extends the standards to secondary schools and modifies
nutrition standards. Specifically, this bill :
1)Deletes the requirement that SB 19 be funded prior to
implementation, thereby imposing nutrition standards in
elementary schools, beginning July 1, 2007.
2)Modifies nutrition standards for elementary schools as
follows:
a) No longer subjects fruits, nonfried vegetables and legumes
to the 35/10/35 restrictions. (35/10/35 means no more than
35% of the calories can be from fat, no more than 10% of the
calories can be from saturated fat, and no more than 35% of
the total weight can be composed of sugar).
b) Requires dairy or whole grain food to meet the 35/10/35
restrictions and prohibits these items from being more than
150 calories per individual item.
c) Prohibits the sale of nuts and seeds as individual items.
d) Includes naturally occurring and added sugars in the
restrictions on total weight from sugar.
3)Imposes, beginning July 1, 2007, a calorie restriction of 250
calories per individual food item and the 35/10/35
requirements on snacks sold to a pupil in middle, junior and
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high school, except food served as part of a USDA meal, with
the following exceptions:
a) Nuts, nut butters, seeds, eggs, cheese packaged for
individual sale, fruits, nonfried vegetables, and legumes
are exempt from the 35% fat restrictions.
b) Eggs or cheese packaged for individual sale are exempt
from the 10% saturated fat restriction.
c) Fruits and nonfried vegetables are exempt from the 35%
sugar restriction.
4)Imposes, beginning July 1, 2007, the following restrictions on
entr?e items sold to a pupil in middle, junior, or high school
(except for food served as part of a USDA meal program):
a) No more than 400 calories per individual food item;
b) No more than 4 grams of fat per 100 calories contained in
each individual food item;
c) Requires the items to be categorized as entr?e items in
the School Breakfast Program or National School Lunch
Program.
5)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 school day.
c) The sale of those items occurs during a school-sponsored
pupil activity after the end of the school day.
6)Deletes the existing prohibition on the waiver of these
provisions by the State Board of Education.
7)Defines the following terms:
a) "Added sweetener" as any additive other than 100% fruit
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juice that enhances the sweetness of a beverage.
b) "Sold" as the exchange of food for money, coupons, or
vouchers.
c) "Entr?e" as a food that is generally regarded as being the
primary food in a meal, and shall include, but not be
limited to, sandwiches, burritos, pasta, and pizza.
d) "Snack" as a food that is generally regarded as
supplementing a meal, including, but not limited to, chips,
crackers, onion rings, nachos, French fries, donuts,
cookies, pastries, cinnamon rolls, and candy.
8)States legislative intent that the governing board of a school
district annually review its compliance with the nutrition
standards.
EXISTING LAW
1)Limits, under SB 19, and contingent upon funding, the sale of
food outside of the school meal program in elementary schools.
If funded, current law:
a) Requires the sale of all foods on elementary school
grounds to comply with nutrition standards. At each
elementary school, the only food that may be sold during
breakfast and lunch is food that is sold as part of a full
meal. The sale of fruit, non-fried vegetables, legumes,
beverages, dairy products or grain products as individual
food items if they meet specified requirements, are
specifically exempted from the standards and may be sold at
anytime.
b) 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:
i) Not more than 35% of its total calories may be from
fat. Nuts or seeds are specifically exempted from this
requirement.
ii) Not more than 10% of its total calories may be from
saturated fat.
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iii) Not more than 35% of its total weight may be
composed of sugar. Fruits or vegetables are specifically
exempted from this requirement.
2)Requires the State Department of Education (SDE) to establish
a three-year pilot program in at least 10 secondary schools to
adopt the nutrition standards.
FISCAL EFFECT : According to the Senate Appropriations
Committee, a minimum of $5 million annually for food standards
compliance, major cost to schools to purchase and prepare food
items that meet the standards.
COMMENTS : Amendments. According to the author, one of the
goals of the bill is to make nutrition policy consistent in both
elementary and secondary grades. Several items were not
authorized for individual sale in elementary grades that were
authorized for secondary grades. Staff recommends the following
amendments which the author has indicated she will accept.
On page 5 - (b)(1) At each elementary school, the only food
that may be sold to a pupil during the school day are full
meals, and individually sold portions of nuts, nut butters,
seeds, eggs, cheese packaged for individual sale, fruit,
nonfried vegetables, and legumes.
(2) A n individually sold dairy or whole grain food item may
be sold to pupils at an elementary school, except food sold
as part of a USDA meal program, if it meets 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
cheese packaged for individual sale.
(B) Not more than 10 percent of its total calories shall be
from saturated fat. This subparagraph does not apply to
cheese packaged for individual sale.
(C) Not more than 35 percent of its total weight shall be
composed of sugar, including naturally occurring and added
sugar.
(D) Not more than 150 calories per individual food item.
Linking Education, Activity and Food (LEAF) Grants . In 2001, the
Legislature passed SB 19 and SB56 (Escutia) which established
nutrition standards for competitive foods and beverages sold on
school campuses during the school day. Competitive foods and
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beverages are those items that are not sold as part of the
school meal program, but rather are sold as individual items by
various campus venues such as student stores, vending machines
and snack bars. They also include items sold ? la carte by
school food service departments.
In order to pilot test the implementation of SB 19/56, the State
Department of Education (SDE), Nutrition Services Division with
funding from the California Department of Food and Agriculture
(CDFA), established the Linking Education, Activity and Food
(LEAF) program that awarded grants to 16 middle and high schools
in 9 California school districts. In addition to implementing SB
19/56, the schools were instructed to implement policies to
promote the consumption of California grown fresh produce in
accordance with the Buy California initiative of 2002. The
schools also were encouraged to develop and implement an array
of related policies to improve student nutrition and fitness.
Each school was awarded approximately $200,000 to cover a 21
month implementation period from January 2003 through September
2004.
Need for the bill . According to the author, 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. 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. In a 2003 study of
CA high schools, more than 70% of responding districts reported
selling pizza, chips, cookies and soda as a la carte items. In
comparison, there was only one healthy item (fruit) that was
sold a la carte by over 70% of responding districts.
Related legislation .
SB 281 (Maldonado) establishes a 2-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.
AB 443 (Yee), pending in the Senate, deletes the requirement
that the State Board of Education (SBE) develop policy and
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regulations for the sale of food by student and adult
organizations on school premises and instead statutorily
establishes current regulatory conditions under which a student
organization is authorized to hold a food sale.
AB 444 (Yee), pending in the Senate, requires the SDE to develop
and maintain nutrition guidelines for all food and beverages
served on public school campuses.
AB 569 (Garcia), pending in the Senate, requires all food and
beverages sold or served in K-12 public schools to be in
coordination with the school food service program, requires a
school district that renews or enters into a contract with a
commercial food vendor to make information available on the
nutritional content of all food items sold, and prohibits
specified a la carte sales during breakfast and lunch periods at
middle and junior high schools.
Prior legislation .
SB 1566 (Escutia) of 2004 was very similar to this bill. SB
1566 failed passage on the Assembly Floor.
AB 2751 (Yee) of 2004 among other things, required the CDE to
develop nutritional guidelines regarding the sugar content of
foods served on public school campuses. That bill died on the
Senate Floor.
SB 19 (Escutia) Chapter 913, Statutes of 2001established
nutrition standards for elementary schools and limited 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.
Arguments in support . According to the California School
Nutrition Association (formerly the California School Food
Service Association), "We applaud your ongoing efforts to deal
with the national integrity of foods made available to students
on school campuses and very much appreciate the willingness and
work of you and your staff to work with CSNA to reach agreement
on long debated school nutrition issues. SB 12 will provide
nutrition standards for food sold on school campuses that fit
with the latest dietary guidelines and food pyramid, and they
are doable by the diversity of school districts in California,
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large or small. It will provide a model for healthy school
environments, which will help children at all grade levels form
lifelong healthy eating habits."
Arguments in opposition . According to the Grocery Manufacturers
of America, "Restrictions, such as those suggested by SB 12, for
the sake of solving obesity will do nothing to motivate
students, parents or communities to take the steps necessary to
improve their overall health. Restrictions do not educate. The
American Dietetic Association has stated that the entire diet,
rather than specific foods, should be scrutinized. Restricting
or prohibiting certain foods will almost certainly not work as
these policies will do little or nothing to help people choose
the right foods for their own dietary needs."
REGISTERED SUPPORT / OPPOSITION :
Support
California Center for Public Health Advocacy (Principal
Co-Sponsor)
California School Boards Association (Principal Co-Sponsor)
California Academy of Family Physicians (co-sponsor)
California Department of Health Services (co-sponsor)
California Pan-Ethnic Health Network (co-sponsor)
California Public Health Association-North (co-sponsor)
Governor Arnold Schwarzenegger (co-sponsor)
Statewide Youth Board on Obesity Prevention (co-sponsor)
The American Cancer Society (co-sponsor)
The American Heart Association (co-sponsor)
The Latino Coalition for a Healthy California (co-sponsor)
Alameda County Board of Supervisors
Alameda County Nutrition Services
Alliance for a Better Community
AltaMed
American Cancer Society
American Federation of State, County and Municipal Employees
(AFSCME)
American Diabetes Association
American Heart Association
American Nurses Association of California
American Sports Institute
Applied Research Center
Asian and Pacific Islander American Health Forum (APIAHF)
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Asian Health Services
Association of California School Administrators
Bay Area Partnership
Blind Field Services
California Academy of Family Physicians
California Adolescent Nutrition and Fitness Program (CANFit)
California Center for Public Health Advocacy
California Chiropractic Association
California Federation of Teachers (CFT)
California Food Policy Advocates
California Labor Federation
California Medical Association
California Nurses Association
California Optometric Association
California Pan-Ethnic Health Network
California Police Activities League
California Public Health Association - North
California School Boards Association
California School Health Centers Association
California School Nurses Organization
California School Nutrition Association
California State Alliance of YMCA's
California State PTA
California Teachers Association (CTA)
Camino Medical Group
Catholic Healthcare West
Center for Science in the Public Interest
Children's Hospital Los Angeles
Community Health Counsels, Reach 2010 Project
Community Partnership for Youth
Consumer Attorney's of California
Consumers Union
County Health Executives Association of California
Cruz M. Bustamante, Lieutenant Governor of California
Diabetes Coalition of California
Dole Food Company and the Dole Nutrition Institute
Harbor Council PTA
Health Education Council
Health Officers Association of California (HOAC)
Hill Physicians Medical Group
Jack O'Connell, Superintendent of Public Instruction
Junior Leagues of California
Kaiser Permanente
Labor's Community Service Agency
Latino Coalition for a Healthy California
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Latino Health Access
Latino Health Alliance
Latino Issues Forum
Law Office of Evelyn A. Cox
Local Health Plans of California
Monterey County Board of Supervisors
Monterey County Department of Health
National Association of Social Workers, California Chapter
North Coast Clinics Network
Organizaci?n en California de L?deres Campesinas, Inc.
Pixley Union School District
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
Statewide Youth Board on Obesity Prevention
Strategic Alliance for Healthy Food and Activity Environments
Sun Ridge Farms
The Center for Science in the Public Interest (CSPI)
To Help Everyone Clinic (T.H.E. Clinic)
Tulare County Office of Education, School Health Programs
UC Cooperative Extension School Nutrition Education Program
Ukiah Unified School District
Many letters of support from individuals
Opposition
California Chamber of Commerce
Grocery Manufactures of America
National Confectioners Association
Analysis Prepared by : Misty Padilla / ED. / (916) 319-2087