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 ----------------------------------------------------------------- | | | | | | ----------------------------------------------------------------- |--------------------------------+--------------------------------| | | | |Version: April 7, 2016 |Policy Vote: ED. 8 - 0 | | | | |--------------------------------+--------------------------------| | | | |Urgency: No |Mandate: Yes | | | | |--------------------------------+--------------------------------| | | | |Hearing Date: April 18, 2016 |Consultant: Jillian Kissee | | | | ----------------------------------------------------------------- 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 SB 1169 (McGuire) Page 1 of ? 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: SB 1169 (McGuire) Page 2 of ? 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) SB 1169 (McGuire) Page 3 of ? 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 SB 1169 (McGuire) Page 4 of ? mandate block grant. -- END --