BILL ANALYSIS �
AB 459
Page 1
Date of Hearing: April 23, 2013
ASSEMBLY COMMITTEE ON BUSINESS, PROFESSIONS AND CONSUMER
PROTECTION
Richard S. Gordon, Chair
AB 459 (Mitchell) - As Amended: April 18, 2013
SUBJECT : Public contracts: healthy and sustainable food.
SUMMARY : Revises the current "accepted nutritional guidelines"
for food and beverages in a vending machine on designated state
property, and requires the food and beverages to reach 50%
compliance with the revised guidelines beginning January 1,
2015, 75% compliance on January 1, 2016, and 100% compliance on
and after January 1, 2017. Specifically, this bill :
1)Revises the "accepted nutritional guidelines" for beverages
offered by a vendor in a vending machine on designated state
property as follows:
a) Adds carbonated water products without added caloric
sweeteners to the definition of drinking water;
b) Includes milk that is 2%, 1% or fat-free and soy, rice,
almond, or other plant derived nondairy milk beverages with
no added caloric sweeteners;
c) Limits fruit-based drinks that are composed of no less
than 50% fruit juice to 12 ounce containers with no added
caloric sweeteners;
d) Includes unsweetened or artificially sweetened beverages
that contain no calories;
e) Includes 100% vegetable juice with less than 200
milligrams of sodium per serving; and,
f) Prohibits electrolyte replacement beverages as
specified.
2)Revises the "accepted nutritional guidelines" for food offered
by a vendor in a vending machine on designated state property
as follows:
a) Excludes legumes, nuts, nut butters, seeds, eggs,
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nonfried vegetables, or cheese packaged for individual sale
from the prohibition on foods containing 35% of their total
calories from fat;
b) Prohibits individual snack items from containing not
more than 10 grams of total sugars, and exempts any fruit
that is fresh, frozen, or canned in its own juice or water
with no added caloric sweetener, and fresh, frozen, or
canned vegetables with low sodium;
c) Adds items that contain zero grams of trans fat as
labeled;
d) Adds individual snack items that do not exceed 200
calories;
e) Adds individual snack items that do not exceed 230
milligrams of sodium per serving;
f) Adds individual entr�e items that do not exceed 500
calories per serving; and,
g) Adds individual entr�e items that do not exceed 480
milligrams of sodium per serving.
3)Clarifies that added caloric sweetener is to mean sugars and
syrups that are added to foods during processing or
preparation that also add calories to the item, including but
not limited to sugar, fructose, and high fructose corn syrup
but does not include the natural sugars in fruit juice or milk
that is a naturally occurring component.
4)Defines "individual entr�e item" to mean food generally
regarded as the primary food in a meal that contains either:
a) Two or more of the following groups: meat or meat
alternatives such as tofu or other similar alternatives,
grains or bread, or vegetables or fruit that are eaten
together, including but not limited to sandwiches, pizza,
hamburgers on a bun, burritos, chef's salads, fruit and
cheese platters, baked potatoes with chili or chicken
stir-fry; and,
b) A meat or meat alternative alone such as sausage patty,
eggs, and chicken nuggets, although nuts, nut butters,
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seeds, cheese and yogurt served alone shall not be included
for purposes of this definition.
5)Defines an "individual snack item" to mean "a food item that
does not meet the definition of an 'individual entr�e item'."
6)Requires vendors that operate or maintain a vending machine on
state property to:
a) Offer food of which at least 35% meets accepted
nutritional guidelines as specified, until January 1, 2015;
b) Offer food of which at least 50% meets accepted
nutritional guidelines as specified, beginning January 1,
2015;
c) Offer food of which at least 75% meets accepted
nutritional guidelines as specified, beginning January 1,
2016; and,
d) Offer food of which 100% meets accepted nutritional
guidelines as specified, beginning January 1, 2017.
7)Requires vendors, until January 1, 2016, to offer beverages of
which one-third meets accepted nutritional guidelines, and
further requires vendors, on and after January 1, 2016, to
offer 100% of beverages that meet the guidelines, as
specified.
8)Deletes the current sunset provisions.
9)States that a vendor that operates or maintains a vending
machine on state-owned or state-leased property is encouraged
to do the following:
a) Sell food or beverage items grown, packaged or produced
within the State of California; and,
b) Sell food or beverage items that meet the sustainability
guidelines in the United States Department of Health and
Human Services (USHHS) and the United States General
Services Administration's (USGSA) Health and Sustainability
Guidelines for Federal Concessions and Vending Operations,
as specified.
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10)States that vendors of concessions and cafeterias in a
state-owned or state-leased building are encouraged to do the
following:
a) Sell food or beverage items grown, packaged or produced
within the State of California; and,
b) Sell food or beverage items that meet the sustainability
guidelines in the USHHS and USGSA Health and Sustainability
Guidelines for Federal Concessions and Vending Operations.
11)Requires the Department of General Services (DGS), in
consultation with the California Environmental Protection
Agency (CalEPA), to provide state agencies with information
and assistance regarding environmentally preferable
purchasing, including but not limited to USHHS and the USGSA's
Health and Sustainability Guidelines for Federal Concessions
and Vending Operations to assist in developing practices to
promote the acquisition of healthy, sustainable, and
environmentally preferable purchasing.
EXISTING LAW:
1)Requires vendors that offer or maintain vending machines on
state property to offer 35% of the food in a vending machine
that meets accepted nutritional guidelines. (Government Code
Section (GOV) Section 11005.4)
2)Requires vendors that operate or maintain vending machines on
state property to offer at least one-third of the beverages in
a vending machine that meet accepted nutritional guidelines,
as specified. (GOV 11005.4)
3)Regulates various aspects of the provision of food and
beverages in vending machines, including the giving of
priority to blind persons with respect to the operation of
vending facilities on state property, as specified. (Welfare
and Institutions Code (WIC) Section 19625)
4)Requires DGS to consult with CalEPA, members of the public,
industry, and public health and environmental organizations to
provide state agencies with information and assistance
regarding environmentally preferable purchasing. (Public
Contract Code Section 12401).
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FISCAL EFFECT : Unknown
COMMENTS :
1)Purpose of the bill . This bill aims to provide healthier food
options in vending machines on state property by revising the
state's 'accepted nutritional guidelines' and requiring 50% of
food and beverage products offered for sale in a vending
machine to meet those guidelines beginning January 1, 2015,
with that percentage increasing to 75% by January 1, 2016 and
100% by January 1, 2017. Additionally, this bill encourages
any food or beverages sold in a state-owned or state-leased
building to be California-sourced and meet the sustainability
guidelines set forth under the USHHS and USGSA's Health and
Sustainability Guidelines for Federal Concessions and Vending
Operations. This bill is co-sponsored by the Center for
Public Health Advocacy, the American Heart Association, and
the California Center for Public Health.
2)Author's statement . According to the author, "With the rise
of obesity and a subsequent increase in health insurance
costs, it is important to provide healthier food options for
Californians. [According to research reports by the
University of California, Los Angeles Center for Health Policy
Research] more than six million California adults (23%) are
obese and an additional 9.3 million (34%) are overweight. In
2006, obesity overweight and physical inactivity cost the
state upwards of $41 billion in health care costs, and lost
productivity, nearly double the amount reported in 2000.'
[This bill] will promote healthy eating by encouraging the
implementation of local food procurement practices."
3)Obesity epidemic . The Centers for Disease Control and
Prevention (CDC) reported that more than one-third of U.S.
adults (over 72 million people) and 17% of children are obese.
Between 1998 and 2008, obesity rates doubled for adults and
tripled for children regardless of age, sex, race ethnicity,
socioeconomic status, education level, or geographic region.
Obesity can increase the risk of many health conditions
including heart disease, stroke, high blood pressure, type 2
diabetes, liver and gallbladder disease, sleep apnea and
respiratory problems. The CDC recognizes that policy and
environmental approaches are needed to address the growing
obesity trends, including approaches that make healthy eating
choices available, affordable, and easy.
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4)Accepted nutritional guidelines . As a result of SB 441
(Torlakson), Chapter 597, Statutes of 2008, vendors that
operate or maintain vending machines on state property are
required to offer food and beverages that meet state accepted
nutritional guidelines. The updated accepted nutritional
guidelines as specified in this bill are a combination of
nutritional information developed by the American Heart
Association and federal guidelines.
According to the sponsor, some examples of food and beverage
items that would meet the guidelines include Nabisco 100
Calorie Packs; Quaker Chewy Granola Bars (chocolate chip,
chocolate swirl and peanut butter chocolate chip); Del Monte
Diced Peaches (no sugar added); Sensible Foods Apple Harvest
Crunch Dried Fruit; Kashi TLC Trail Mix; Chewy Granola Bars
(honey); Treetop Apple Sauce (original); Sunmaid Raisins,
Apricots, and Pitted Plums; Baked! Doritos (nacho cheese);
Baked! Tostitos Scoops; Baked! Lays Sour Cream & Onion;
Langers Mixed Berry 7 Juice Blend; Apple & Eve Apple Juice;
Snapple 100% Juice (green apple, fruit punch, grape, orange
mango); Diet Sierra Mist; Diet Mountain Dew; Diet Dr. Pepper;
Diet Red Bull; Powerade Zero Fruit Punch; Arizona Diet Green
Tea with Ginseng; and Campbell's Low-Sodium Tomato Juice, just
to name a few.
5)Federal Health and Sustainability Guidelines. In 2010, USHHS
and USGSA began a collaboration to create the Health and
Sustainability Guidelines for Federal Concessions and Vending
Operations. The goal of the guidelines is to assist federal
contractors in increasing healthy food and beverage choices
and sustainable practices at federal worksites. The Health
and Sustainability Guidelines for Federal Concessions and
Vending Operations were based on information from the 2010
Dietary Guidelines released by the federal government's
Department of Agriculture (USDA) and USHHS.
The 2010 Dietary Guidelines encourage Americans to focus on
eating a healthful diet - one that focuses on foods and
beverages that help achieve and maintain a healthy weight,
promote health, and prevent disease. The 2010 Dietary
Guidelines are evidence-based nutritional guidance to promote
health, reduce the risk of chronic diseases, and reduce the
prevalence of overweight and obesity through improved
nutrition and physical activity.
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6)Blind Enterprise Program . Currently, a large portion of
vending machines operated in state-owned or state-leased
buildings are run by the Blind Enterprise Program (BEP),
administered by the Department of Rehabilitation (DOR). In
1936, federal legislation titled the Randolph-Sheppard Act was
passed authorizing the BEP. This program was intended to
provide jobs for people who are "legally" blind. Under
federal and state guidelines those individuals considered
legally blind are given priority in operating food services
facilities within federal and state buildings.
The BEP program trains these individuals to become potential
food service vendors. Upon completion of training, a new
vendor is provided with a license from the DOR. Once a
location becomes available, BEP solicits applications from
eligible vendors. The DOR supports vendors within the program
(e.g., financial assistance for equipment, counseling, and
fiscal oversight).
7)Question for the Committee . Given that this bill relies on
nutritional guidelines rather than market demand to determine
what foods and beverages may be stocked, it is possible that
one unintended consequence of this bill could be reduced
vending machine revenues. The Committee may wish to consider
how such a shift may impact the Blind Enterprise Program.
8)Arguments in support . The American Heart Association writes
in support, "This bill will improve and update the current
nutritional standards for foods and beverages sold in vending
machines in state buildings, [and encourage] food and
beverages sold on state property in concessions and cafeterias
to meet specified nutrition standards. With more than 130
million Americans employed across the United States each year,
the workplace is a key environment for maintaining the health
of the U.S. population."
The California Pan-Ethnic Health Network writes in support,
"[This bill] improves the nutritional standards for food and
beverages sold in vending machines in state buildings. [This
bill] also requires concessions and cafeterias serving foods
in state buildings to meet nutrition and sustainability
requirements as determined by the [GSA and HHS] Health and
Sustainability Guidelines for the Federal Concessions and
Vending Operations."
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9)Arguments in opposition . According to the California Soft
Drink Association, "Current law already requires that vending
machines on state property contain a variety of beverages to
provide consumers with choices. This bill is overly
restrictive and would prohibit the offering of most sweetened
soft drinks including colas, teas, and sports drinks. This
bill eliminates consumer choice and the ability of vending
machine operators to offer a variety of beverage products.
All beverages can be part of a healthy diet provided there is
balance, moderation and also daily physical activity.
10)Previous legislation . AB 727 (Mitchell) of 2011 would have
required at least 50% of food and beverages offered by a
vendor in a vending machine on designated state property to
meet accepted nutritional guidelines, beginning January 1,
2014, with 100% of food and beverages offered meeting those
guidelines by January 1, 2016. AB 727 bill was held in the
Senate Appropriations Committee.
SB 441 (Torlakson), Chapter 597, Statutes of 2008, requires a
vendor that operates or maintains a vending machine on state
property to offer food and beverages that meet accepted
nutritional guidelines, as specified.
SB 522 (Torlakson) of 2006 would have required each vendor
that operates or maintains vending machines on designated
state property to satisfy phased-in nutritional requirements,
and to provide to users, upon request, information about the
nutritional value of food and beverages offered in the vending
machine and procedures for requesting a change in vending
machine offerings. SB 522 was held on the Senate Floor.
SB 74 (Torlakson) of 2004 would have required each vendor that
operates or maintains a vending machine on designated state
property to satisfy the requirement that at least 50% of the
food and beverages offered in the vending machine meets
accepted nutritional guidelines. SB 74 was held in the Senate
Governmental Organization Committee.
REGISTERED SUPPORT / OPPOSITION :
Support
American Heart Association (co-sponsor)
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California Center for Public Health Advocacy (co-sponsor)
California Pan-Ethnic Health Network (co-sponsor)
AFSCME
American Cancer Society, Cancer Action Network
Blue Shield of California
California Academy of Family Physicians
California Dietetic Association
California Food Policy Advocates
California Public Health Association-North
CalPERS
Center for Ecoliteracy
Center for Science in the Public Interest
Consumers Union
Health Access California
Health Officers Association of California
Jemmott Rollins Group, Inc.
Latino Health Access
Los Angeles County Board of Supervisors
Neto Community Network
Physicians for Social Responsibility Los Angeles
Public Health Institute
Street Level Health Project
Tongan American Youth Foundation
Worksite Wellness L.A.
Two private individuals
Opposition
California Automatic Vendors Council
California Nevada Soft Drink Association
Analysis Prepared by : Elissa Silva / B.,P. & C.P. / (916)
319-3301