BILL ANALYSIS Ó
SENATE COMMITTEE ON EDUCATION
Senator Carol Liu, Chair
2015 - 2016 Regular
Bill No: SB 1169
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|Author: |McGuire |
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|Version: |February 18, 2016 Hearing |
| |Date: March 30, 2016 |
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|Urgency: |No |Fiscal: |Yes |
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|Consultant:|Lynn Lorber |
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Subject: Pupil nutrition: competitive food service and
standards
SUMMARY
This bill makes numerous changes to school nutrition standards
for competitive food and beverages to better align to the
federal Smart Snacks in Schools regulations.
BACKGROUND
Existing federal law, the Healthy, Hunger-Free Kids Act of 2010,
authorizes funding and sets policy for the United States
Department of Agriculture's core child nutrition programs: the
National School Lunch Program, the School Breakfast Program, the
Special Supplemental Nutrition Program for Women, Infants and
Children, the Summer Food Service Program, and the Child and
Adult Care Food Program. The accompanying regulations are known
as the Smart Snacks in Schools provisions. (United States Code,
Title 42, § 1751-1779; Code of Federal Regulations, Title 7, §
210.11)
Existing state law:
Competitive food sold in elementary schools
1) Provides that, from one-half hour before the start of the
schoolday to one-half hour after the schoolday, the only
food that may be sold to students are full meals,
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individually sold dairy or whole grain foods, and
individually sold portions of nuts, nut butters, seeds,
eggs, cheese packaged for individual sale, fruit,
vegetables that have not been deep fried, and legumes.
(Education Code § 49431)
2) Requires the food described above, if sold outside of a
United States Department of Agriculture meal program, to
meet all of the following standards:
a) Not more than 35% of its total calories shall be
from fat. Exempt from this standard are individually
sold portions of nuts, nut butters, seeds, eggs,
cheese packaged for individual sale, fruit, vegetables
that have not been deep fried, or legumes.
b) Not more than 10% of its total calories shall be
from saturated fat. Exempt from this standards are
eggs or cheese packaged for individual sale.
c) Not more than 35% of its total weight shall be
composed of sugar, including naturally occurring and
added sugar. Exempt from this standard are fruit or
vegetables that have not been deep fried.
d) Not more than 175 calories per individual food
item. (EC § 49431)
Snacks sold in middle or high schools
3) Requires snacks sold outside of a United States Department
of Agriculture meal program, from one-half hour before the
start of the schoolday to one-half hour after the
schoolday, to meet the same standards as is required for
competitive food in elementary schools except snacks may
have up to 250 calories per individual food item. (EC §
49431.2)
Competitive entrée items sold in middle or high schools
4) Prohibits entrée items sold outside of a United States
Department of Agriculture meal program, from one-half hour
before the start of the schoolday to one-half hour after
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the schoolday, from containing more than 400 calories per
entrée, and no more than 4 grams of fat per 100 calories.
(EC § 49431.2)
Beverages sold in elementary schools
5) Provides that, regardless of the time of day, only the
following beverages may be sold:
a) Fruit-based drinks that are composed of no less
than 50% fruit juice and have no added sweetener.
b) Vegetable-based drinks that are composed of no
less than 50% vegetable juice and have no added
sweetener.
c) Drinking water with no added sweetener.
d) One-percent-fat milk, nonfat milk, soy milk, rice
milk, and other similar nondairy milk. (EC § 49431.5)
Beverages sold in middle or high schools
6) Provides that, from one-half hour before the start of the
schoolday to one-half hour after the schoolday, only the
following beverages may be sold:
a) Fruit-based drinks that are composed of no less
than 50% fruit juice and have no added sweetener.
b) Vegetable-based drinks that are composed of no
less than 50% vegetable juice and have no added
sweetener.
c) Drinking water with no added sweetener.
d) One-percent-fat milk, nonfat milk, soy milk, rice
milk, and other similar nondairy milk.
e) An electrolyte replacement beverage that contains
no more than 42 grams of added sweetener per 20-ounce
serving. (EC § 49431.5)
Trans fat
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7) Prohibits a school or school district from selling food
containing artificial trans fat to K-12 students, from
one-half hour before the start of the schoolday to one-half
hour after the schoolday. (EC § 49431.7)
School wellness policy
8) Requires every public school to post the school district's
nutrition and physical activity policies, in public view
within all school cafeterias or other central eating areas.
(EC § 49432)
ANALYSIS
This bill makes numerous changes to school nutrition standards
for competitive food and beverages to better align to the
federal Smart Snacks in Schools regulations. Specifically, this
bill:
Sale of competitive food in all grade levels
1) Eliminates the option for certain food to be sold to
students before the beginning of the schoolday by narrowing
the period of time in which certain food may be sold to
students, from "one-half hour before the start of the
schoolday to one-half hour after the schoolday," to "the
midnight before to 30 minutes after the end of the official
schoolday."
Sale of competitive food in elementary schools
2) Modifies the food that may be sold to students from outside
of the schoolday as follows:
a) Strike reference to "full meals,
individually sold dairy or whole grain foods, and
individually sold portions of nuts, nut butters,
seeds, eggs, cheese packaged for individual sale,
fruit vegetable that have not been deep fried, and
legumes."
b) Insert "fruit, vegetable, dairy,
protein, or whole grain rich food items; foods with a
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fruit, vegetable, dairy, protein, or whole grain item
as its first ingredient; or combination foods
containing at least one-quarter cup of fruit or
vegetable."
3) Modifies the standards that competitive food must meet as
follows:
a) For the limit of up to 35% of total
calories being from fat:
i) Strikes reference to "eggs"
and "legumes."
ii) Adds reference to "seed butters, part
skim mozzarella cheese, seafood, and a dried
fruit and nut and seed combination."
iii) Specifies that "cheese" is to be
"reduced-fat cheese."
b) For the limit of not more than 10% of
total calories from saturated fat, and the exemption
for eggs or cheese packaged for individual sales,
provides that less than 10% of total calories shall be
from saturated fat, and exempts "reduced-fat cheese or
part skim mozzarella cheese packaged for individual
sale, nuts, nut butters, seeds, seed butters, or a
dried fruit and nut and seed combination."
c) For the limit of up to 35% of total
weight being composed of sugar, adds "a dried fruit
and nut and seed combination."
d) For calories per individual food item,
increases the calories from "175" to "200."
4) Adds standards for competitive food as follows:
a) Contains less than 0.5 grams of trans
fat per serving.
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b) Contains not more than 200 milligrams
of sodium per item, package, or container sold to a
student.
Sale of a competitive entrée in middle and high schools
5) Modifies the competitive entrées that may be sold to
students outside of the schoolday for items sold by the
school the day or the day after the entrée is served as
part of the school meal, as follows:
a) Modifies the limit on fat from no more
than 4 grams of fat per 100 calories, to "not more
than 35% of total calories from fat."
b) Adds "contains less than 0.5 grams of
trans fat per serving."
c) Adds "is offered in the same or smaller
portion sizes as in the federal National School Lunch
Program or federal School Breakfast Program."
6) Creates new requirement that a competitive entrée sold by
the school but not the day or the day after the entrée is
served as part of the school meal, or is sold by any other
entity, meet the following standards:
a) Not more than 35% of its total calories
shall be from fat.
b) Less than 10% of its calories shall be
from saturated fat.
c) Not more than 35% of its total weight
shall be composed of sugar, including naturally
occurring and added sugar.
d) Contains less than 0.5 grams of trans
fat per serving.
e) Contains not more than 480 milligrams
of sodium.
f) Contains not more than 350 calories.
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Sale of competitive snacks in middle and high schools
7) Eliminates the option for competitive snack foods to be
sold to students before the beginning of the schoolday by
narrowing the period of time in which competitive snack
foods may be sold to students, from "one-half hour before
the start of the schoolday to one-half hour after the
schoolday," to "the midnight before to 30 minutes after the
end of the official schoolday."
8) Limits the competitive snack foods that may be sold to
students during the schoolday to the following:
a) Fruit, vegetable, dairy, protein, or
whole grain rich food items.
b) Food with a fruit, vegetable, dairy,
protein, or whole grain item as its first ingredient.
c) Combination foods containing at least
one-quarter cup of fruit or vegetable.
9) Reduces the maximum allowable calories per individual
competitive snack food from 250 to 200 calories.
10) Requires competitive snack food sold to students during the
schoolday to contain less than 0.5 grams of trans fat per
serving.
11) Requires competitive snack food sold to students during the
schoolday to contain not more than 200 milligrams of sodium
per item, package, or container.
12) Modifies the exemption on not more than 35% of its total
calories being from fat, by deleting "eggs" and "legumes,"
adding "seed butters, part skim mozzarella cheese packaged
for individual sale, seafood, and a dried fruit and nut and
seed combination," and specifying that cheese is to be
"reduced-fat" cheese.
13) Modifies the exemption on not more than 10% of its total
calories being from saturated fat to "less than 10%,"
deletes "eggs," adds "part skim mozzarella
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cheese packaged for individual sale, nuts, nut butters,
seeds, seed butters, or a dried fruit and nut and seed
combination," and specifies that cheese is to be
"reduced-fat" cheese.
14) Modifies the exemption on not more than 35% of its total
weight being composed of sugar by adding "a dried fruit and
nut and seed combination."
Artificial trans fat
15) Eliminates the option for food containing artificial trans
fat to be sold to students before the beginning of the
schoolday by narrowing the period of time in which food
containing artificial trans fat may be sold to students,
from "one-half hour before the start of the schoolday to
one-half hour after the schoolday," to "the midnight before
to 30 minutes after the end of the official schoolday."
Sale of beverages for all grades
16) Clarifies that nutrition standards apply to competitive
beverages.
17) Eliminates the option for certain beverages to be sold to
students before the beginning of the schoolday by narrowing
the period of time in which certain beverages may be sold
to students, from "one-half hour before the start of the
schoolday to one-half hour after the schoolday," to "the
midnight before to 30 minutes after the end of the official
schoolday."
18) Adds a limit on the serving size of fruit-based drinks,
vegetable-based drinks, and milk, as follows:
a) Maximum serving size of eight fluid
ounces for elementary schools, and 12 fluid ounces for
middle schools.
b) Maximum serving size of 12 fluid ounces
for high schools.
19) Specifies that drinking water is to be "plain drinking
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water."
20) Prohibits drinking water that contains flavor.
21) Prohibits flavored one-percent fat milk.
22) Authorizes flavored or unflavored nonfat milk.
Sale of beverages in elementary and middle schools
23) Requires middle schools to meet the same standards as those
for elementary schools, rather than the standards for high
schools.
24) Prohibits any beverage from containing caffeine with the
exception of trace amounts of naturally occurring caffeine
substances.
Sale of beverages in high schools
25) Authorizes the sale of:
a) Other beverages that are labeled to
contain less than five calories per eight fluid ounces
in a maximum serving size of 20 fluid ounces.
b) Other beverages that are labeled to
contain no more than 40 calories per eight fluid
ounces in a maximum serving size of 12 fluid ounces.
c) Specifically prohibits the sale of
beverages labeled or commonly referred to as sodas,
colas, or soft drinks.
d) Prohibits the sale of any beverages
containing caffeine with the exception of trace
amounts of naturally occurring caffeine substances.
Meal Pattern
26) Deletes reference to the Enhanced Food Based Meal Pattern,
Nutrient Standard Meal Planning, Traditional Meal Pattern
and the SHAPE Menu Patterns.
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School wellness policy
27) Modifies the requirement that every school publicize its
school wellness policy as follows:
a) Deletes the requirement that every
school post the school district's nutrition and
physical activity policies in public view within all
school cafeterias or other central eating areas.
b) Adds the requirement that every school
inform the public about the contents of the school's
local school wellness policy, and make the local
school wellness policy and any updates to the policy
available to the public on an annual basis.
Definitions
28) Modifies the definition of "snack" to exclude "onion rings,
nachos, french fries, donuts, cookies, pastries, cinnamon
rolls, and candy" and to include "yogurt, cheese, nuts,
seeds, fruit, or vegetables."
29) Prohibits the sale of a competitive "full meal," and
deletes the definition of "full meal" to conform to federal
regulations.
30) Adds the following definitions, to align to federal
regulations:
a) "Combination foods" means products that
contain two or more components representing two or
more of the recommended food groups: fruit, vegetable,
dairy, protein, or grains.
b) "Competitive foods" means all food and
beverages other than meals reimbursed under programs
authorized by the federal Richard B. Russell
National School Lunch Act and the federal Child
Nutrition Act available for sale to students on the
school campus during the schoolday.
c) "School campus" means all areas of the
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property under the jurisdiction of the school that are
accessible to students during the schoolday.
d) "Schoolday" means the period from the
midnight before to 30 minutes after the end of the
official schoolday.
Miscellaneous
31) Deletes obsolete language regarding the prohibition of the
sale of certain food (deep dried, par fried, flash fried,
trans fat) as being applicable to raw bulk United States
Department of Agriculture (USDA) commodity foods but not
applicable to other USDA commodity foods until the 2009
reauthorization of the USDA National School Lunch Program.
STAFF COMMENTS
1) Need for the bill. According to the author, "In recent
years, the United States Department of Agriculture has made
various changes to the Healthy, Hunger-Free Kids Act. Most
recently, there have been changes to the laws and
regulations that govern competitive foods and beverages.
In order to ensure all schools are complying with the most
recent changes to the Healthy, Hunger-Free Kids Act, state
law must be amended."
2) Alignment to federal regulations. The federal Healthy,
Hunger-Free Kids Act was enacted in 2010, and updated
federal rules and regulations (Smart Snacks in Schools)
were adopted in 2014-2015. This bill applies only to
competitive food and beverages, and only makes conforming
changes to better align with federal rules and regulations.
3) Sale of competitive food. Competitive food is any food
item that is sold outside of the school meal, even if it is
sold by the school (e.g. a la carte, vending machines,
fundraisers, school stores). This bill:
a) Provides additional protein options, such as
seafood or a dried fruit and nut and seed combination.
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b) Eliminates the option for competitive snack
foods, competitive food, competitive entrées, and
competitive beverages to be sold to students before
the beginning of the schoolday by narrowing the period
of time in which these items may be sold to students,
from "one-half hour before the start of the schoolday
to one-half hour after the schoolday," to "the
midnight before to 30 minutes after the end of the
official schoolday."
c) Decreases allowable calories for competitive
snacks in middle and high school, and increases
calories for competitive food in elementary school.
4) Sale of competitive beverages. This bill requires middle
schools to meet the same beverage standards as elementary
schools must meet, eliminates the allowable category of
"electrolyte replacement beverage" while still allowing
such beverages in high schools if caloric standards are
met, provides additional beverage options to high schools
(e.g. flavored or unflavored sparkling water, and
decaffeinated coffee or tea drinks). This bill continues
the prohibition on soda, and clarifies that caffeinated
beverages are prohibited (e.g. energy drinks).
5) Meal patterns. Meal patterns describe what food items,
serving sizes, and allowable calories, saturated fat,
sodium and trans fat are to be served for specified grade
spans. This bill deletes reference to the Enhanced Food
Based Meal Pattern, Nutrient Standard Meal Planning,
Traditional Meal Pattern and the SHAPE Menu Patterns.
Federal regulations provide that the only allowable meal
pattern is the 2012 United States Department of Agriculture
meal pattern.
http://www.fns.usda.gov/sites/default/files/dietaryspecs.pdf
6) Technical amendment. Consistent with the author's wishes,
staff recommends an amendment to name the sections affected
by this bill as the "Healthy Food, Healthy Students Act."
SUPPORT
California Food Policy Advocates
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State Superintendent of Public Instruction, Tom Torlakson
OPPOSITION
None received.
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