BILL ANALYSIS
SB 965
Page 1
Date of Hearing: June 29, 2005
ASSEMBLY COMMITTEE ON EDUCATION
Jackie Goldberg, Chair
SB 965 (Escutia) - As Amended: June 23, 2005
[This bill has been referred to the Assembly Health Committee
and will be heard as it relates to the issues under its
jurisdiction.]
SENATE VOTE : 25-12
SUBJECT : Pupil nutrition: beverages
SUMMARY : Revises, and extends to high schools, on a phased-in
basis beginning July 1, 2007, current restrictions imposed on
K-8 pupils relating to the sale of certain beverages.
Specifically, this bill :
1)Revises the definition of "milk" as an allowable beverage for
middle or junior high schools from, "milk, including chocolate
milk, soy milk, rice milk, and other similar dairy or nondairy
milk," to, "two percent-fat milk, one percent-fat milk, nonfat
milk, soy milk, rice milk, and other similar nondairy milk,"
and modifies the list of beverages to make the definitions
conform.
2)Phases in, beginning July 1, 2007, the restriction on the sale
of certain beverages, specified under #3 below, to high school
pupils.
3)Requires at least 50 percent of all beverages sold to a pupil
from one-half hour before the start of the school day until
one-half hour after the end of the school day to be one of the
following:
a) Fruit-based drinks with at least 50 percent fruit juice
and no added sweetener.
b) Vegetable-based drinks with at least 50 percent
vegetable juice and no added sweetener.
c) Drinking water with no added sweetener.
d) Two percent-fat milk, one percent-fat milk, non-fat
milk, soy milk, rice milk, and other similar non-dairy
milk.
e) An electrolyte replacement beverage with no more than 42
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grams of added sweetener per 20-ounce serving.
4)Restricts, beginning July 1, 2009, the sale of all beverages
to a pupil from one-half hour before the start of the school
day until one-half hour after the end of the school day to
those beverages listed under #3 above.
5)Exempts from these restrictions beverages sold during a
school-sponsored pupil activity that takes place after the end
of the school day.
6)Requires the sale of all beverages on each high school campus
to be approved for compliance with this bill by the person or
persons responsible for implementing these provisions as
designated by the school district.
7)Defines "sale of beverages" as the exchange of a beverage for
money, coupons, or vouchers.
8)States legislative intent that school district governing
boards annually review district compliance with these
restrictions on beverage sales.
EXISTING LAW
1)Requires the governing board of a school district to give
diligent care to the health and physical development of
pupils.
2)Restricts, as specified, the type of beverages that may be
sold to pupils at elementary and middle or junior high
schools, and exempts from this restriction the sale of certain
beverages at specified school events.
FISCAL EFFECT : According to the Senate Appropriations Committee,
no direct fiscal effect pursuant to Senate Rule 28.8.
COMMENTS : Sponsor . This bill is sponsored by Governor
Schwarzenegger and the Department of Health Services.
Study on soft drink contracts . In 2002, the California
Endowment commissioned a report by the Public Health Institute
to examine the prevalence and specifics of district-wide soft
drink contracts in California's 25 largest public school
districts. The study found that soda is available to pupils in
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an overwhelming majority of California's largest school
districts through district and school contracting. The study
found that these contracts provide opportunities for pupils to
purchase carbonated beverages from vending machines, cafeteria
lines, concession stands, and at booster club events. The study
noted that beverage company products are advertised through
scoreboards, educational software, signage, clothing, school
supplies, and promotional events. The study reports that,
because both the school district and soda company's income are
tied directly to the volume of beverages sold on campus, the
more beverages sold, the greater the revenue for the district
and soda company. The California Endowment study also found that
commission payments in the districts surveyed range from 39 to
56%, and that bonus payments provided upon the signing of
contracts ranged in value from $55,000 to $1 million. Yearly
bonus payments ranged from $25,000 to $80,000.
Prior legislation .
1)SB 677 (Ortiz), Chapter 415, Statutes of 2003 expanded
restrictions on the types of beverages allowed to be sold in
middle and junior high schools and eliminated, as a condition
for implementation of restrictions in elementary, middle and
junior high schools, a requirement that funds be appropriated
for certain programs.
2)SB 19 (Escutia), Chapter 913, Statutes of 2001, provided that,
contingent upon funding for specified purposes, there be
limitations on the sale of beverages at elementary schools and
middle schools.
Arguments in support . According to one of the sponsors, the
State Department of Health Services, "Currently there are no
restrictions on the types of beverages allowed for sale in
California high schools. SB 677 established beverage standards
for elementary, middle and junior high schools, however high
schools were not included. SB 965 would expand these beverage
standards to high schools. Addressing the abundance of highly
sweetened beverages on school campuses is an important strategy
in the effort to prevent the increasing number of overweight
children. Among adolescents from 12 to 19 years old, the
prevalence of being overweight increased more than three-fold
between 1966 and 2000. Significant savings in health and
medical costs can be realized through obesity prevention efforts
including limiting access to highly sweetened beverages during
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the school day. SB 965 is a consistent and important step
towards improving the health of California youth.
Arguments in opposition . According to the California Nevada
Soft Drink Association, "We believe existing law provides
authority and control within schools and school districts to
exercise discretion over whether and under what conditions
various beverages are available. We oppose the provisions that
would establish a total ban on carbonated soda drinks in high
schools. High school students are young adults who are often
driving, working, and in many cases attending high schools with
open campuses. We believe the better approach is to provide
nutrition education and make a variety of beverage choices
available. Many of our member bottlers have had partnerships
with local schools and school districts for decades. These
relationships have provided substantial resources to school
programs to fund a variety of activities. Removing soft drinks
from schools would eliminate funding for the very programs that
help provide physical activity for students at many schools in
California."
REGISTERED SUPPORT / OPPOSITION :
Support
American Heart Association
American Nurses Association of California
American Sports Institute
California Academy of Family Physicians
California Association for Health, Physical Education,
Recreation and Dance
California Center for Public Health Advocacy
California Dental Association
California Food Policy Advocates
California Medical Association
California Optometric Association
California Pan-Ethnic Health Network
California Police Activities League
California School Nurses Organization
California State Alliance of YMCA's
California State PTA
California Substitute Teachers for Budget Fairness
Camino Medical Group
Center for Science in the Public Interest
Community Partnership for Youth
County Health Executives Association of California
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Department of Health Services
Health Officers Association of California
Hill Physicians Medical Group
Junior Leagues of California
Kaiser Permanente
Latino Health Alliance
Latino Coalition for a Healthy California
Local Health Plans of California
Monterey County Board of Supervisors
Marin County Department of Health & Human Services' Nutrition
Wellness Program
Santa Clara County Office of Education
Santa Cruz County Child Health and Disability Prevention Program
Southern California Public Health Association
Tri-City Health Center
UC Cooperative Extension School Nutrition Education Program
Ukiah Unified School District Garden-Enhanced Nutrition
Education Program
Many Individuals
Opposition
California Nevada Soft Drink Association
California Chamber of Commerce
Grocery Manufacturers of America
Analysis Prepared by : Misty Padilla / ED. / (916) 319-2087