BILL ANALYSIS Ó SB 1169 Page 1 Date of Hearing: August 3, 2016 ASSEMBLY COMMITTEE ON APPROPRIATIONS Lorena Gonzalez, Chair SB 1169 (McGuire) - As Amended June 30, 2016 ----------------------------------------------------------------- |Policy |Education |Vote:|7 - 0 | |Committee: | | | | | | | | | | | | | | ----------------------------------------------------------------- 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 SB 1169 Page 2 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: SB 1169 Page 3 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. SB 1169 Page 4 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