BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 1169| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- UNFINISHED BUSINESS Bill No: SB 1169 Author: McGuire (D) Amended: 6/30/16 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 SENATE FLOOR: 39-0, 6/2/16 AYES: Allen, Anderson, Bates, Beall, Berryhill, Block, Cannella, De León, Fuller, Gaines, Galgiani, Glazer, Hall, Hancock, Hernandez, Hertzberg, Hill, Hueso, Huff, Jackson, Lara, Leno, Leyva, Liu, McGuire, Mendoza, Mitchell, Monning, Moorlach, Morrell, Nguyen, Nielsen, Pan, Pavley, Roth, Stone, Vidak, Wieckowski, Wolk NO VOTE RECORDED: Runner ASSEMBLY FLOOR: 78-0, 8/11/16 (Consent) - See last page for vote SUBJECT: Pupil nutrition: competitive food service and standards SOURCE: California Department of Education 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. SB 1169 Page 2 Assembly Amendments: 1)Delete reference to "plain drinking water with no added sweetener or flavor" and instead reference "plain water or plain carbonated water." 2)Add to competitive beverages that may be sold in high schools from the midnight before to 30 minutes after the end of the schoolday, as specified. 3)Strike reference to "other beverages" and instead reference "electrolyte replacement beverages." 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) 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." SB 1169 Page 3 Sale of competitive food in elementary schools 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, 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 SB 1169 Page 4 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. 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. SB 1169 Page 5 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 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 SB 1169 Page 6 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." 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. SB 1169 Page 7 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 water or plain carbonated 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. SB 1169 Page 8 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) Flavored water or flavored carbonated water with no added sweetener that is labeled to contain less than five calories per eight fluid ounces in a maximum serving size of 20 fluid ounces. b) Flavored water or flavored carbonated water with no added sweetener that is labeled to contain no more than 40 calories per eight fluid ounces in a maximum serving size of 12 fluid ounces. c) Electrolyte replacement beverages that are labeled to contain less than five calories per eight fluid ounces in a maximum serving size of 20 fluid ounces. d) Electrolyte replacement beverages that are labeled to contain no more than 40 calories per eight fluid ounces in a maximum serving size of 12 fluid ounces. e) Specifically prohibits the sale of beverages labeled or commonly referred to as sodas, colas, or soft drinks. f) 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 SB 1169 Page 9 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. 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. SB 1169 Page 10 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. 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 SB 1169 Page 11 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, and provides additional beverage options to high schools (e.g. flavored or unflavored carbonated 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 Assembly Appropriations Committee: 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. SB 1169 Page 12 SUPPORT: (Verified8/11/16) California Department of Education (source) Superintendent of Public Instruction Tom Torlakson California School Nutrition Association Los Angeles County Office of Education OPPOSITION: (Verified8/11/16) None received ASSEMBLY FLOOR: 78-0, 8/11/16 AYES: Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Quirk, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Rendon NO VOTE RECORDED: Roger Hernández, Low Prepared by:Lynn Lorber / ED. / (916) 651-4105 8/12/16 13:23:58 **** END **** SB 1169 Page 13