BILL ANALYSIS Ó
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
SB 1169 (McGuire) - Pupil nutrition: competitive food service
and standards
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|Version: April 7, 2016 |Policy Vote: ED. 8 - 0 |
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|Urgency: No |Mandate: Yes |
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|Hearing Date: April 18, 2016 |Consultant: Jillian Kissee |
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This bill meets the criteria for referral to the Suspense File.
Bill
Summary: This bill establishes the Healthy Food, Healthy
Student Act. It makes numerous changes to school nutrition
standards for competitive food and beverages to better align to
the federal Smart Snacks in Schools regulations.
According to the California Department of Education's website,
competitive foods and beverages are sold to students on school
campus outside of, and in competition with, the federally
reimbursable meal programs (e.g. á la carte items or those sold
in vending machines, fundraisers, and school stores).
Fiscal
Impact:
Potentially significant reimbursable mandate costs
related to the requirement for every public school to make
the local school wellness policy available to the public on
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an annual basis. (Proposition 98)
The majority of the provisions in this bill make changes
to local authority and program requirements implemented at
the local level, for participating schools, school
districts, and county offices of education. These changes
are unlikely to drive significant new cost to the state.
They may result in additional costs to schools, but are
conditions of their participation in a program for which
they receive federal funding.
Background: 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 and were adopted in 2014-15.
This bill applies only to competitive food and beverages, and
makes conforming changes to better align with federal rules and
regulations. (United States Code, Title 42, § 1751-1779; Code of
Federal Regulations, Title 7, § 210.11)
Current state law outlines the parameters in which competitive
foods and beverages may be sold to students in elementary,
middle, and high schools, including the time of day they may be
sold, the specific types of foods and beverages permitted, and
the nutrition standards that they must meet. (Education Code §
49430 - 49434)
The federal Child Nutrition and Women, Infants, and Children's
Reauthorization Act of 2004 requires each local education agency
participating in a federal meal reimbursement program to
establish a local school wellness policy, as specified. (United
States Code, Title 42, § 1758b) Current state law 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. (Education Code §
49432)
Proposed Law:
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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. In addition, this
bill requires public schools to make the local school wellness
policy available to the public on an annual basis.
Specifically, this bill:
Changes the type of competitive foods that may be sold
as well as the time of day that they may be sold.
Provides additional exemptions to nutrition standards
applicable to elementary, middle, and high schools.
Increases the calories allowed for competitive foods
sold to students, from 175 to 200 for elementary schools,
and decreases the allowable calories for middle and high
schools, from 250 to 200.
Adds a requirement that at each middle or high school, a
competitive entrée sold by the district food service
department on the same day, or the day after it is served
on the federal National School Lunch Program or federal
School Breakfast Program menu meet certain standards,
regarding calorie, fat, trans fat, and portion size limits.
Entrées sold after this time period must meet similar
standards as well as additional standards related to
sodium, sugar, and saturated fat limits.
Amends requirements for allowable competitive beverages.
For example, the bill specifically prohibits electrolyte
replacement beverages of a certain size and sugar level,
but allows other beverage options for high school students
that must satisfy certain caloric and size requirements.
Related
Legislation: Chapter 706, Statutes of 2014 (AB 626, Skinner)
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made numerous changes to school nutrition standards, primarily
to conform to the federal Healthy, Hunger-Free Kids Act. AB 626
also made changes to local authority and allowable uses of
cafeteria funds, as specified.
Staff
Comments: Most of the amendments included in this bill conform
to the federal Smart Snacks in Schools provisions. To the
extent provisions in this bill exceed federal law and
regulations the state could be vulnerable to a reimbursable
state mandate.
This bill requires every public school to inform the public
about the content of the school's local school wellness policy
established pursuant to the federal Healthy, Hunger-Free Kids
Act of 2010, and make the local school wellness policy and any
updates to the policy available to the public on an annual
basis. The latter amendment conforms to the Proposed Rules for
Local School Wellness Policy Implementation under the Healthy,
Hunger-Free Kids Act of 2010. According to the California
Department of Education's website, the proposed rules would
mandate local educational agencies that participate in federally
reimbursable meal programs to meet expanded requirements related
to the local school wellness policy, one of which is for local
educational agencies to make information about the plan
implementation available to the public on a periodic basis.
However, because the proposed rule is not yet finalized, this
would be a state-level mandate if this bill were enacted and
could be interpreted by the Commission on State Mandates to
impose a reimbursable state mandate if a successful claim was
filed.
Local educational agencies could fulfill this requirement in a
number of ways including through the district's website, through
school board meetings, sending information home with students,
or posting information at school. Costs would depend upon how
local educational agencies implement this requirement and what
would be approved by the Commission on State Mandates as a
reimbursable activity. If every public school spent staff time
at a rate of $50 for one hour to fulfill this requirement per
year, statewide costs could be around $500,000. If the
Commission on State Mandates determines this requirement to be
reimbursable, it would create pressure to increase to the K-12
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mandate block grant.
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