BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 1169|
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THIRD READING
Bill No: SB 1169
Author: McGuire (D)
Amended: 5/31/16
Vote: 21
SENATE EDUCATION COMMITTEE: 8-0, 3/30/16
AYES: Liu, Block, Huff, Leyva, Mendoza, Monning, Pan, Vidak
NO VOTE RECORDED: Hancock
SENATE APPROPRIATIONS COMMITTEE: 7-0, 5/27/16
AYES: Lara, Bates, Beall, Hill, McGuire, Mendoza, Nielsen
SUBJECT: Pupil nutrition: competitive food service and
standards
SOURCE: Superintendent of Public Instruction Tom Torlakson
DIGEST: 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.
ANALYSIS: Existing federal law, the Healthy, Hunger-Free Kids
Act of 2010, authorizes funding and sets policy for the United
States Department of Agriculture's (USDA) 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)
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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, 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 USDA
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 USDA 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
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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 USDA meal program,
from one-half hour before the start of the schoolday to
one-half hour after the schoolday, from containing more than
400 calories per entrée, and no more than four 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
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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
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)
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:
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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 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 four 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.
Sale of competitive snacks in middle and high schools
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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
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calories being from saturated fat to "less than 10%," deletes
"eggs," adds "part skim mozzarella 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:
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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
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
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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.
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.
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.
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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 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.
Comments
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.
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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:
1)Provides additional protein options, such as seafood or a
dried fruit and nut and seed combination.
2)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."
3)Decreases allowable calories for competitive snacks in middle
and high school, and increases calories for competitive food
in elementary school.
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).
FISCAL EFFECT: Appropriation: No Fiscal
Com.:YesLocal: Yes
According to the Senate Appropriations Committee, the changes
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proposed by this bill 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.
SUPPORT: (Verified5/27/16)
Superintendent of Public Instruction Tom Torlakson (source)
OPPOSITION: (Verified5/27/16)
None received
Prepared by: Lynn Lorber / ED. / (916) 651-4105
5/31/16 20:58:25
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