BILL ANALYSIS Ó
SB 1169
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Date of Hearing: June 22, 2016
ASSEMBLY COMMITTEE ON EDUCATION
Patrick O'Donnell, Chair
SB
1169 (McGuire) - As Amended May 31, 2016
SENATE VOTE: 39-0
SUBJECT: Pupil nutrition: competitive food service and
standards
SUMMARY: Makes changes to school nutrition requirements, as
specified. Specifically, this bill:
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."
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 fruit, vegetable,
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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 to the list of exempt items."
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.
b) Contains not more than 200 milligrams of sodium per
item, package, or container sold to a student.
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."
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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.
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
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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 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."
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."
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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
water."
20)Prohibits drinking water that contains flavor.
21)Prohibits flavored one-percent fat milk.
22)Authorizes flavored or unflavored nonfat milk.
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
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exception of trace amounts of naturally occurring caffeine
substances.
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.
26)Deletes reference to the Enhanced Food Based Meal Pattern,
Nutrient Standard Meal Planning, Traditional Meal Pattern and
the SHAPE Menu Patterns.
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.
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)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.
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.
EXISTING LAW:
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 (EC) 49431)
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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)
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
snacks may have up to 250 calories per individual food item.
(EC 49431.2)
4) Prohibits entrée items sold outside of a USDA meal program,
from one-half hour before the start of the schoolday to
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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)
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)
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)
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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)
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)
FISCAL EFFECT: According to the Senate Appropriations
Committee, 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.
COMMENTS: Federal Healthy, Hunger-Free Kids Act of 2010. This
bill comes on the heels of a major overhaul of federal nutrition
standards for the National School Lunch Program (NSLP). The
federal Healthy, Hunger-Free Kids Act of 2010, which was signed
into law by President Obama in December of 2010, makes the first
significant changes to the nutritional regulations over the NSLP
since 1995. In January 2012, the United States Department of
Agriculture released the Final Rule Nutrition Standards for the
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National School Lunch and School Breakfast Programs in
accordance with the new federal legislation. As part of the new
regulations, schools are required to serve food options that
align with meal patterns specifying acceptable quantities of
different types of food.
According to the author, "In recent years, the USDA 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. This
bill makes changes to current state law in order to comply with
the new federal laws and regulations that govern competitive
foods and beverages under the Health, Hunger-Free Kids Act of
2010. This proposal makes the following changes:
1. Expands the variety of healthy items that can be sold in
schools. These items must meet all current nutritional
standards. For example, items may include, nuts, beef
jerky, edamame (soybeans in the pod), dried soybeans,
dried/roasted chickpeas, hummus, and dried fruit.
2. Caps the calorie limit at 200 for snacks that can be
sold during the school day.
3. Prohibits caffeine in all beverages served and sold
during the school day.
4. Clarifies and expands what no- or low-calorie beverages
may be sold in high schools. For example, beverages may
include, sparkling water (flavored or unflavored), fruit
water, electrolyte replacement drinks, and teas. Sodas and
diet sodas will continue to be prohibited.
5. Allows a school and district flexibility to determine
the best way(s) to communicate their local school wellness
policy to their community."
Electrolyte Replacement Beverages (ERBs) and "other beverages"
sold in High School. This bill deletes the authorization for
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ERBs to be sold to high school students and instead specifies
that "other beverages" with less than 5 calories per 8 ounces in
a maximum serving size of 20 ounces and "other beverages" with
less than 40 calories per 8 ounces in a maximum serving size of
12 ounces may be sold. The committee should consider what types
of beverages would be allowed under these provisions. The
California Department of Education contends that the term "other
beverages" includes ERBs, as well as other types of beverages
such as flavored sparkling water, diet vitamin water, diet
flavored water, and diet tea.
The committee should consider whether:
1)the previous authorization for ERB's should be expanded to
include ANY type of beverage that falls under the calorie
restrictions, so long as that beverage does not contain
caffeine or is qualified as a soda; or,
2)the current authorization for ERB's alone should be changed to
include the new lower calorie restrictions, which conforms to
federal regulations.
If the intent is to open up more options for healthy low calorie
beverages to be sold in high schools, the committee should
consider amending the bill to authorize beverages such as
sparkling water, instead of authorizing "other beverages" that
could include unhealthy options.
ERBs are designed to replace fluids after exercise and generally
contain sodium and potassium to improve fluid absorption in the
body. According to a USDA report on Carbohydrate/Electrolyte
Replacement Beverages, "carbohydrate/electrolyte beverages
provide carbohydrate (glucose, sucrose, glucose polymers)
replacement to sustain energy output, and electrolytes (sodium,
potassium) to replace those lost in sweat." The USDA report
states that ERBs may be useful for individuals who have lost
large quantities of fluids through sweating on a daily basis,
and those who perform continuous exercise for more than 60
minutes, however, the report concludes that there is no need to
substitute ERBs for water as a primary form of fluid
replacement. The committee should consider whether high school
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students receive enough daily exercise (and subsequent loss of
fluids) to warrant the sale of ERBs to students during school
hours.
According to the University of California Center for Weight and
Health, "Research shows that water is the best drink for
children during the school day and at most sports practices.
Water doesn't contain unnecessary calories or artificial
sweeteners and children don't need the extra electrolytes and
minerals that sports drinks may provide. Children get plenty of
electrolytes from the food they eat, so during the school day
and at most practices, sports drinks don't provide any extra
benefit over water." The Center further finds that, "many sports
drinks contain high fructose corn syrup (also the main sweetener
in soda), which may be linked to increased rates of obesity.
While manufacturers are developing products with lower sugar
content, they are replacing the sugar with artificial sweeteners
such as Sucralose that have no nutritional value. Studies
suggest that artificial sweeteners may increase people's taste
for sweets and even lead people to eat more after exercising."
What about Vitamin Water? Some argue that this bill authorizes
vitamin water drinks to be authorized to be sold in high schools
during the schoolday. Many vitamin water drinks, however,
contain sugar sweetener and/or artificial sweetener, similar to
regular and diet soda. Vitamin water drinks that contain sugar
sweetener could contain as many or more calories than ERBs or
soda. Some argue that vitamin water drinks that contain
artificial sweetener are equivalent to diet soda and should not
be sold in schools. In fact, vitamin water drinks that contain
artificial sweetener are sometimes referred to as diet water,
and one brand is named "Skinny Water."
The committee should consider whether it is appropriate for
schools to sell vitamin water drinks to students of any age.
Similarly, there are ERBs on the market that do not contain any
added sweetener. One such example of these products is
"Smartwater." These products contain water with added
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electrolytes but do not contain sweeteners. These products may
also fall under the current definition of "drinking water with
no added sweetener" because they do not meet the definition of
an ERB as outlined in regulations which establishes minimum
levels of sodium and potassium. According to the "Smartwater"
label, it contains electrolytes, but the label does not list the
amount of electrolytes contained in the bottle. Because the
label does not list the amount of these ingredients it is
unclear whether the amount is appropriate for children. The
committee should consider whether it is appropriate to sell
unsweetened electrolyte water to students during the school day,
particularly to elementary school students. The committee
should also consider whether to specifically authorize or
prohibit unsweetened electrolyte water to be sold in schools
during the schoolday, and to what age students.
Vitamin Toxicity. The committee should consider whether there
could be a risk of vitamin toxicity for children who drink more
than one vitamin water drink per day, and for children who drink
vitamin water drinks in addition to taking a daily multivitamin.
It is unclear whether drinking one or more bottles of vitamin
water drinks alone, or in addition to a multivitamin, could put
students at risk for ingesting the upper limits of these
vitamins, which could cause toxicity concerns.
The Tolerable Upper Intake Level (UL) is the maximum level of
daily nutrient intake that is likely to pose no risk of adverse
effects, based on the Dietary Reference Index (DRI) established
by the National Academy of Sciences and the Institute of
Medicine. According to the USDA, as intake increases above the
UL, the potential risk of adverse effects may increase.
For purposes of illustration, the established UL for Niacin
(Vitamin B3) for children ages 9-13 is 20 milligrams (mg) per
day. According to the listed amount of Niacin on a bottle of
"vitaminwater" brand beverage, a child age 9-13 who drinks two
bottles of "vitaminwater" brand beverage will reach the UL for
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Niacin.<1> As another example, if a child age 9-13 is taking a
daily multivitamin such as "Flintstones Complete" which contains
15mg of Niacin,<2> that child would reach the UL for Niacin
after drinking only half a bottle of "vitaminwater" brand
beverage. The committee should consider whether it is
appropriate to sell vitamin water drinks to children in school
at any age.
Committee Amendments:
1)Amend the bill to delete the authorization for "other
beverages" and instead reinstate the authorization for ERB's
with the new lower calorie restrictions.
2)Add an authorization for plain and flavored sparkling water
with no artificial sweeteners, that contain fewer than five
calories per eight fluid ounces in a maximum serving size of
20 fluid ounces or 40 calories per eight fluid ounces in a
maximum serving size of 12 fluid ounces.
REGISTERED SUPPORT / OPPOSITION:
Support
---------------------------
<1>
Source: University of California Center for Weight and Health.
<2> Source: Flintstones Website.
http://flintstonesvitamins.com/complete/index.html
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American Heart Association
American Stroke Association
California Food Policy Advocates
State Superintendent of Public Instruction Tom Torlakson
Opposition
None on file.
Analysis Prepared by:Chelsea Kelley / ED. / (916)
319-2087