BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    SB 1169  


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          Date of Hearing:  August 3, 2016


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                               Lorena Gonzalez, Chair


          SB 1169  
          (McGuire) - As Amended June 30, 2016


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          Urgency:  No  State Mandated Local Program:  YesReimbursable:   
          Yes


          SUMMARY:


          This bill enacts the Healthy Food, Healthy Student Act to update  
          nutritional standards for competitive food and beverages to  
          better align to the federal Smart Snacks in Schools regulations.  
           Specifically, this bill:


          1)Changes the type of competitive foods that may be sold as well  
            as the time of day that they may be sold.


          2)Modifies the food that may be sold to students from outside of  








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            the schoolday and modifies the standards for competitive foods  
            sold in the school day.


          3)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.  


          4)Limits the competitive snack foods that may be sold to  
            students during the schoolday to the following fruit,  
            vegetable, dairy, protein, or whole grain rich food items, as  
            specified.


          5)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.


          6)Clarifies that nutrition standards apply to competitive  
            beverages and sets forth modified beverage standards. 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.


          7)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, and adds the requirement that every school inform the  
            public about the contents of the school's local school  
            wellness policy.


          FISCAL EFFECT:








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          1)Minor costs to the California Department of Education to  
            provide technical assistance to local education agencies  
            (LEAs) since most LEAs are already complying with the changes  
            pursuant to federal law.




          2)The intent of this bill is to modify state law to conform to  
            federal law; therefore, changes imposed by this bill are  
            unlikely to drive significant new state costs. If the  
            requirements of this bill exceed federal law, school districts  
            could seek reimbursement through the Commission on State  
            Mandates.  




          COMMENTS:


          1)Purpose. 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.  According to the  
            author, in order to ensure all schools are complying with the  
            most recent changes to the Act, state law must be amended.  


            This proposal makes the following changes:


             a)   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, dried soybeans, dried/roasted chickpeas,  
               hummus, and dried fruit.









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             b)   Caps the calorie limit at 200 for snacks that can be  
               sold during the school day.  


             c)   Prohibits caffeine in all beverages served and sold  
               during the school day.

             d)   Clarifies and expands what no- or low-calorie beverages  
               may be sold in high schools.  For example, beverages may  
               include, sparkling water, fruit water, electrolyte  
               replacement drinks, and teas.  Sodas and diet sodas will  
               continue to be prohibited.

             e)   Allows a school and district flexibility to determine  
               the best way(s) to communicate their local school wellness  
               policy to their community.

          Analysis Prepared by:Misty Feusahrens / APPR. / (916)  
          319-2081