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.

                                      -- END --