BILL ANALYSIS                                                                                                                                                                                                    Ó




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          |SENATE RULES COMMITTEE            |                       SB 1169|
          |Office of Senate Floor Analyses   |                              |
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                                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.










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          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."  









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          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  








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                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.








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              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  








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             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.








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           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.









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           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








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           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.








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              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  








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            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.  











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          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  ****


          








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