BILL ANALYSIS Ó
AB 1746
Page A
Date of Hearing: March 28, 2012
ASSEMBLY COMMITTEE ON EDUCATION
Julia Brownley, Chair
AB 1746 (Williams) - As Introduced: February 17, 2012
SUBJECT : Schools: nutrition: beverages.
SUMMARY : Prohibits electrolyte replacement beverages (ERBs)
that contain 42 grams or less of added sweetener per 20-ounce
serving, from being sold to middle or high school students from
one-half hour before the start of the schoolday until one-half
hour after the end of the schoolday, commencing July 1, 2013.
EXISTING LAW for elementary schools :
1)Authorizes, regardless of the time of day, only the following
beverages to be sold to a pupil:
a) Fruit-based drinks that have at least 50% fruit juice
and no added sweetener.
b) Vegetable-based drinks that have at least 50% vegetable
juice and no added sweetener.
c) Drinking water with no added sweetener.
d) Two percent fat milk, one percent fat milk, nonfat milk,
soymilk, rice milk, and other similar non-dairy milk.
(Education Code 49431.5)
2)Authorizes the sale of beverages that do not comply with the
law as part of a school fundraising event in any of the
following circumstances:
a) The items are sold by pupils of the school and the sale
of those items takes place off and away from the premises
of the school.
b) 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. (Education Code 49431.5)
EXISTING LAW for middle and high schools :
1)Authorizes, from one-half hour before the start of the
schoolday until one-half hour after the end of the schoolday
only the following beverages to be sold to a pupil:
a) Fruit-based drinks that have at least 50% fruit juice
and no added sweetener.
b) Vegetable-based drinks that have at least 50% vegetable
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juice and no added sweetener.
c) Drinking water with no added sweetener.
d) Two percent fat milk, one percent fat milk, nonfat milk,
soymilk, rice milk, and other similar non-dairy milk.
e) An ERB that contains no more than 42 grams of added
sweetener per 20-ounce serving. (Education Code 49431.5)
2)Authorizes the sale of beverages that do not comply with the
law as part of a school event if the sale of those items meets
all of the following criteria:
a) The sale occurs during a school-sponsored event and
takes place at the location of that event at least one-half
hour after the end of the schoolday.
b) Vending machines, pupil stores, and cafeterias are used
later than one-half hour after the end of the schoolday.
(Education Code 49431.5)
3)Defines ERB to mean potable liquid that meets all the
following requirements:
a) Water as the first ingredient.
b) Contains no more than 2.1 grams of added sweetener per
fluid ounce.
c) Contains at least 10 milligrams but not more than 150
milligrams of sodium per 8 ounces.
d) Contains as least 10 milligrams but no more than 90
milligrams of potassium per 8 ounces.
e) Contains no added caffeine. (California Code of
Regulations, Title 5, Section 15576)
FISCAL EFFECT : This bill is keyed non-fiscal, however, the
Assembly Appropriations Committee has requested to hear this
bill. If this bill is passed by the Assembly Education
Committee, it will be referred to the Committee on
Appropriations to consider the fiscal implications.
COMMENTS : Electrolyte Replacement Beverages . ERBs are designed
to replace fluids after exercise and generally contain sodium
and potassium to improve fluid absorption in the body.
According to a USDA report on Carbohydrate/Electrolyte
Replacement Beverages, "carbohydrate/electrolyte beverages
provide carbohydrate (glucose, sucrose, glucose polymers)
replacement to sustain energy output, and electrolytes (sodium,
potassium) to replace those lost in sweat." The USDA report
states that ERBs may be useful for individuals who have lost
large quantities of fluids through sweating on a daily basis,
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and those who perform continuous exercise for more than 60
minutes, however, the report concludes that there is no need to
substitute ERBs for water as a primary form of fluid
replacement. The committee should consider whether middle and
high school students receive enough daily exercise (and
subsequent loss of fluids) to warrant the sale of ERBs to
students during school hours.
According to the University of California Center for Weight and
Health, "Research shows that water is the best drink for
children during the school day and at most sports practices.
Water doesn't contain unnecessary calories or artificial
sweeteners and children don't need the extra electrolytes and
minerals that sports drinks may provide. Children get plenty of
electrolytes from the food they eat, so during the school day
and at most practices, sports drinks don't provide any extra
benefit over water." The Center further finds that, "many sports
drinks contain high fructose corn syrup (also the main sweetener
in soda), which may be linked to increased rates of obesity.
While manufacturers are developing products with lower sugar
content, they are replacing the sugar with artificial sweeteners
such as Sucralose that have no nutritional value. Studies
suggest that artificial sweeteners may increase people's taste
for sweets and even lead people to eat more after exercising."
According to the author, California led the nation in
establishing strong beverage policies for school campuses. By
2009, almost all sugar sweetened beverages were prohibited from
being sold on all school campuses. Unfortunately, the law
included an exemptionfor sports drinks at middle and high
schools. These drinks were formulated to help althletes
involved in vigorous physical activity for over an hour replace
electrolytes and carbohydrates, which is accomplished through
the addition of sugar and sodium. Both are associated with
negative health impacts and youth diets have both in excess.
The following chart represents current law regarding the types
of beverages allowed to be sold at schools during specified time
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periods.
----------------------------------------------------------------------
| Beverage | Elementary | Middle and High |
| | Schoolsa | Schoolsb |
|-----------------------------------+---------------+------------------|
|Fruit-based drinks that are | | |
|composed of no less than 50% fruit | X | X |
|juice and have no added sweetener | | |
|-----------------------------------+---------------+------------------|
|Vegetable-based drinks that are | | |
|composed of no less than 50% | X | X |
|vegetable juice and have no added | | |
|sweetener. | | |
|-----------------------------------+---------------+------------------|
|Drinking water with no added | X | X |
|sweetener. | | |
|-----------------------------------+---------------+------------------|
|Two percent fat milk, one percent | | |
|fat milk, soy milk, rice milk, and | X | X |
|other similar non-dairy milk. | | |
|-----------------------------------+---------------+------------------|
|ERB that contains no more than 42 | | |
|grams of added sweetener per 20 | |X |
|ounce serving. | | |
----------------------------------------------------------------------
aAt elementary schools, these beverages may be sold regardless
of the time of day.
bAt middle and high schools, these beverages may only be sold
from one-half hour before the start of the schoolday to
one-half hour after the end of the schoolday.
What about Vitamin Water ? Some argue that vitamin water drinks
should be authorized to be sold in middle and high schools
during the schoolday. Many vitamin water drinks, however,
contain sugar sweetener and/or artificial sweetener, similar to
regular and diet soda. Vitamin water drinks that contain sugar
sweetener could contain as many or more calories than ERBs or
soda. Some argue that vitamin water drinks that contain
artificial sweetener are equivalent to diet soda and should not
be sold in schools. In fact, vitamin water drinks that contain
artificial sweetener are sometimes referred to as diet water,
and one brand is named "Skinny Water." Others argue that
vitamin water that does not contain sweeteners of any kind may
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already fall under the existing authorization for schools to
sell "drinking water with no added sweetener" to both elementary
and middle/high school students.
The committee should consider whether it is appropriate for
schools to sell vitamin water drinks to students of any age.
Further, if it is interpreted that vitamin water drinks are
considered "drinking water with no added sweetener," the
committee should consider whether it is appropriate for schools
to sell these products under current law. If vitamin water
drinks do not fall under the current authorization, the
committee should also consider whether to specifically authorize
or prohibit either sweetened or unsweetened vitamin water drinks
to be sold in schools during the schoolday.
Similarly, there are ERBs on the market that do not contain any
added sweetener. One such example of these products is
"Smartwater." These products contain water with added
electrolytes but do not contain sweeteners. These products may
also fall under the current definition of "drinking water with
no added sweetener" because they do not meet the definition of
an ERB as outlined in regulations which establishes minimum
levels of sodium and potassium. According to the "Smartwater"
label, it contains electrolytes, but the label does not list the
amount of electrolytes contained in the bottle. Because the
label does not list the amount of these ingredients it is
unclear whether the amount is appropriate for children. The
committee should consider whether it is appropriate to sell
unsweetened electrolyte water to students during the school day,
particularly to elementary school students. The committee
should also consider whether to specifically authorize or
prohibit unsweetened electrolyte water to be sold in schools
during the schoolday, and to what age students.
Vitamin Toxicity . The committee should consider whether there
could be a risk of vitamin toxicity for children who drink more
than one vitamin water drink per day, and for children who drink
vitamin water drinks in addition to taking a daily multivitamin.
It is unclear whether drinking one or more bottles of vitamin
water drinks alone, or in addition to a multivitamin, could put
students at risk for ingesting the upper limits of these
vitamins, which could cause toxicity concerns.
The Tolerable Upper Intake Level (UL) is the maximum level of
daily nutrient intake that is likely to pose no risk of adverse
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effects, based on the Dietary Reference Index (DRI) established
by the National Academy of Sciences and the Institute of
Medicine. According to the USDA, as intake increases above the
UL, the potential risk of adverse effects may increase.
For purposes of illustration, the established UL for Niacin
(Vitamin B3) for children ages 9-13 is 20 milligrams (mg) per
day. According to the listed amount of Niacin on a bottle of
"vitaminwater" brand beverage, a child age 9-13 who drinks two
bottles of "vitaminwater" brand beverage will reach the UL for
Niacin.<1> As another example, if a child age 9-13 is taking a
daily multivitamin such as "Flintstones Complete" which contains
15mg of Niacin,<2> that child would reach the UL for Niacin
after drinking only half of one bottle of "vitaminwater" brand
beverage. The committee should consider whether it is
appropriate to sell vitamin water drinks to children in school
at any age.
50% versus 100% Juice . Current law authorizes fruit and
vegetable juice containing at least 50% juice to be sold in
schools. It is unclear how many juice drinks contain more than
50% juice but do not contain 100% juice. It is also unclear how
many juice drinks currently sold to students at school contain
less than 100% juice. The committee should consider whether it
is appropriate to sell juice to students in school that contain
less than 100% juice and whether the current authorization for
juice should require only 100% juice be sold to students during
the school day.
Flavored Milk . Current law authorizes the sale of two percent
and one percent fat milk along with other non-dairy milk
products. Current law does not prohibit the sale of flavored
milk, such as chocolate or strawberry. Flavored milk usually
contains significantly more sugar than plain milk. In addition,
the Institutes of Medicine recently recommended that school age
children drink one percent milk instead of two percent milk.
Because of the increased sugar and fat content, the committee
should consider whether it is appropriate to sell flavored milk
or two percent milk in school, particularly to elementary school
students.
---------------------------
<1> Source: University of California Center for Weight and
Health.
<2> Source: Flintstones Website.
http://flintstonesvitamins.com/complete/index.html
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Arguments in Support : According to the California Center for
Public Health Advocacy, "Sports drinks were developed to help
elite athletes rehydrate after intense physical activity. There
are few, if any, opportunities for students to engage in this
level of activity during the school day. The American Academy
of Pediatrics recommends that you drink water for hydration and
notes that, 'sports and energy drinks are not indicated for use
during meals or snacks as a replacement for low-fat milk or
water.' Current law allows for this kind of inappropriate and
unhealthy replacement of sports drinks in lieu of healthier
options."
According to the California Medical Association, "There is a
common misconception that sports drinks are healthy. Yet many
of these drinks contain high fructose corn syrup and/or other
calorie-laden sweeteners that have been linked to the rise in
childhood obesity, the primary cause of type-2 diabetes. Sports
drinks are designed to replace fluids after intense exercise and
generally contain sodium and potassium to improve fluid
absorption in the body; they are not designed to be an afternoon
substitute for soda. However, since the sale of soda has been
restricted in schools, sports drinks have become a campus best
seller. A recent study indicated that eight of the top 10
beverages sold a la carte in California's public high schools
are sports drinks, setting off alarms in the health provider
community."
Arguments in Opposition : According to the California Chamber of
Commerce, "State law and the United States Department of
Agriculture regulations already adequately protect children by
requiring that many foods and beverages contain certain levels
of specific nutrients. Furthermore, individual school districts
already have the ability to limit which beverages are sold on
their campuses. Perhaps the better approach would be to
consider portion size controls or lower calorie or no calorie
sport drink beverages. Sport drinks are an effective beverage
for hydrating students in team sports and recreational
activities."
According to the California Nevada Soft Drink Association, "We
support efforts that address the obesity problem comprehensively
rather than targeting any one food or beverage type. We would
also recommend that you re-evaluate the types of beverages that
should be allowed on middle and high school campuses. The
original provisions were adopted 5 years ago when many of the
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beverage options that are now available did not exist.
Beverages like low- or no-calorie flavored waters, lower and
no-calorie sports drinks, and a variety of alternative beverages
like vitaminwater, SoBe and Propel Water, just to name a few.
This would allow schools to sell alterative beverages with low
or no calories as well as raise much needed revenues for a
variety of programs."
Committee Amendments : Staff recommends the bill be amended to
only authorize the sale of drinking water with no added
sweetener, electrolytes or vitamins, beginning July 1, 2013.
Previous legislation : SB 1255 (Padilla) of 2010, which was held
on the Assembly Appropriations Suspense file, would have
prohibited electrolyte replacement beverages (ERBs) that contain
42 grams or less of added sweetener per 20-ounce serving, from
being sold to middle or high school students from one-half hour
before the start of the schoolday until one-half hour after the
end of the schoolday, commencing July 1, 2011.
AB 2084 (Brownley) from 2010, pending in the Senate Health
Committee, would require licensed child day care facilities to
follow specified guidelines relating to the provision of
beverages, including serving only 1% milk to children ages two
or older; limiting juice to not more than one serving per day of
100% juice; serving no beverages with added sweeteners, either
natural or artificial; and, making clean and safe drinking water
readily available and accessible for consumption throughout the
day, particularly with meals and snacks.
AB 627 (Brownley) of 2009, which was vetoed by the Governor,
would have established a 12-month or more pilot project in which
a number of licensed child care centers and child day care homes
that participate in the Child Care & Adult Food Program (CACFP)
would receive higher state meal reimbursement to implement
higher nutrition and physical activity standards.
SB 965 (Escutia) Chapter 237, Statues of 2005, modified the list
of beverages that may be sold to pupils at an elementary, middle
and high school, and phased in a prohibition on the sale of soda
in high schools.
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
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for implementation of restrictions in elementary, middle and
junior high schools, a requirement that funds be appropriated
for certain programs.
SB 19 (Escutia) Chapter 913, Statutes of 2001, established the
Pupil Nutrition, Health and Achievement Act of 2001. It
established, as of January 1, 2004, various prohibitions on the
sale of beverages in elementary and middle schools and placed
nutritional standards on the type of foods that may be sold to
pupils a la carte, as specified.
REGISTERED SUPPORT / OPPOSITION :
Support
American Cancer Society
American Federation of State, County and Municipal Employees,
AFL-CIO
California Center for Public Health Advocacy
California Chiropractic Association
California Medical Association
Los Angeles County Board of Supervisors
Opposition
California Chamber of Commerce
California Nevada Soft Drink Association
Analysis Prepared by : Chelsea Kelley / ED. / (916) 319-2087