BILL ANALYSIS
SENATE HEALTH
COMMITTEE ANALYSIS
Senator Elaine K. Alquist, Chair
BILL NO: SB 1255
S
AUTHOR: Padilla
B
AMENDED: As Introduced
HEARING DATE: April 14, 2010
1
REFERRAL: Education Committee
2
CONSULTANT:
5
Orr/cjt
5
SUBJECT
Schools: nutrition: beverages
SUMMARY
Commencing July 1, 2011, this bill restricts the sale of
electrolyte replacement beverages from being sold in public
schools from 30 minutes before the start of the school day
to 30 minutes after school has ended.
CHANGES TO EXISTING LAW
Existing law:
Restricts the fat, saturated fat, sugar and calorie content
of entr?e food items sold at middle, junior, or high
schools.
Restricts the fat, saturated fat, sugar, and calorie
content of food items sold a la carte in schools. A la
carte refers to individually packaged items and snack
foods.
Allows certain exceptions from these restrictions for foods
served as part of United States Department of Agriculture
(USDA) meal programs.
Prohibits schools from making available foods containing
Continued---
STAFF ANALYSIS OF SENATE BILL 1255 (Padilla)Page 2
artificial trans fats.
Restricts the beverages that can be sold to pupils at
elementary schools to fruit-based drinks, vegetable-based
drinks, drinking water, and milk, as specified, and with
specified exceptions.
Restricts the beverages that can be sold to pupils at
middle or junior high schools to fruit-based drinks,
vegetable-based drinks, drinking water, milk, and
electrolyte replacement beverages, as specified. Restricts
the time of day the beverages may be sold to 30 minutes
before the start of the school day until 30 minutes after
the end of the school day. Makes specified exceptions.
Requires schools to follow the Enhanced Food Based Meal
Pattern, Nutrient Standard Meal Planning, or Traditional
Meal Pattern developed by the USDA, or the Shaping Health
as Partners in Education (SHAPE) Menu Patterns developed by
the state, in order to qualify for reimbursement for free
and reduced-price meals sold or served to pupils.
This bill:
Provides that commencing July 1, 2011, electrolyte
replacement beverages cannot be sold to a pupil from 30
minutes before the start of the school day until 30 minutes
after the end of the school day.
FISCAL IMPACT
This bill has not been analyzed by a fiscal committee.
BACKGROUND AND DISCUSSION
According to the author and sponsor, extensive studies show
that sugar-sweetened beverages are widely consumed in
California and are associated with increased rates of
obesity and obesity-related illnesses. Recognizing that
sodas were widely available in schools, Governor
Schwarzenegger co-sponsored SB 965 (Escutia) in 2005 which
eliminated sodas from public schools and limited beverages
with added sweeteners. However, the established standards
still allowed sugar-sweetened electrolyte replacement
beverages, commonly known as sports drinks, to be sold in
middle schools and high schools.
STAFF ANALYSIS OF SENATE BILL 1255 (Padilla)Page 3
According to the author, studies show that students are
overwhelmingly replacing soda with these sports drinks,
which are high in sugar and sodium. California has one of
the fastest growing rates of obesity of any state in the
nation. Nearly 16 million Californians are obese or
overweight. One-third of children in California ages 9-11
are overweight or are at risk of becoming overweight and
are increasingly suffering from nutrition-related illnesses
that normally occur in adulthood, such as type II diabetes
and pre-hypertension. By prohibiting the sale of
electrolyte replacement beverages to pupils, this bill
seeks to close the loophole of allowing sweetened beverages
to be offered to California students.
Electrolyte replacement beverages
Electrolyte replacement drinks are designed to replace the
fluids (water) and electrolytes (sodium, potassium,
chromium, manganese, etc.) lost during exercise.
Commercially available carbohydrate/electrolyte (C/E)
beverages have become popular as fluid replacements during
endurance sports such as running, cycling and the
triathlon. However, any activity involving intense physical
exertion for long periods of time can expose a person to
substantial carbohydrate depletion and electrolyte loss, as
well as fluid depletion through the process of sweating.
According to a USDA report on Carbohydrate/Electrolyte
Replacement Beverages, Brian J. Sharkey, Ph.D., claims
"(C/E) beverages provide carbohydrate (glucose, sucrose,
glucose polymers) replacement to sustain energy output, and
electrolytes (sodium, potassium) to replace those lost in
sweat." He continues with "well-planned meals provide for
electrolyte needs via ample sodium (salt in food and use of
the salt shaker) and potassium-rich foods (citrus fruits,
bananas)?. C/E beverages may be useful when individuals
lose more than 8 liters of sweat daily, are not heat
acclimatized, are performing a prolonged, continuous
exercise bout (over 60 min.), skip meals, have meals
interrupted or lose appetite, experience a caloric deficit
in excess of 1,000 cal/ day, or are ill with diarrhea."
The report goes on to say, "Recent research indicates that
urine production is reduced and fluid retention enhanced
when fluid replacement beverages include some electrolytes.
This insures a better plasma volume for cardiac output, and
more water for temperature regulation via sweating?.
STAFF ANALYSIS OF SENATE BILL 1255 (Padilla)Page 4
However, there is no need to substitute C/E beverages for
water as the primary form of fluid replacement."
According to the American College of Sports Medicine,
"During exercise, consuming beverages containing
electrolytes and carbohydrates can provide benefits over
water alone under certain circumstances. After exercise,
the goal is to replace any fluid electrolyte deficit?.
Drinks containing sodium such as sports beverages may be
helpful, but many foods can supply the needed
electrolytes."
According to a recent study from the UC Berkeley Center for
Weight and Health, per capita consumption of sports drinks
has continued to increase steadily since 1993, and
experienced double-digit growth (11.7 percent) in 2006,
while fruit drink consumption has been on the decline.
Sports drinks are fourth in terms of beverage market share,
with the average consumer drinking 4.1 gallons in 2005,
preceded by fruit drinks (3rd), bottled water (2nd), and
carbonated soft drinks (1st, averaging 50.4 gallons per
consumer annually).
Obesity trends
According to the Centers for Disease Control and
Prevention, approximately one out of every four children
between the ages of two and five has a high body mass
index, putting these children at risk for obesity.
According to data from the 2007 California Health Interview
Survey, 11.2 percent of children in California are
classified as overweight for their age. Being overweight or
obese can lead to developing type II diabetes,
hypertension, sleep apnea, and several other adverse health
conditions. Estimates suggest that the prevalence of
overweight and obesity is costing Californians at least $21
billion a year.
Impact of beverage consumption on obesity
In a September 2009 report titled "Bubbling Over: Soda
Consumption and its Link to Obesity in California" the UCLA
Center for Health Policy Research found that 24 percent of
California adults, 62 percent of adolescents ages 12-17,
and 41 percent of children ages 2-11 drink at least one
soda or other sugar-sweetened beverage every day. They
claim that between 1977 and 2002, Americans have increased
their calorie intake from soft drinks by 228 percent. Over
STAFF ANALYSIS OF SENATE BILL 1255 (Padilla)Page 5
the past three decades, UCLA cites that the prevalence for
overweight and obesity nationwide has nearly doubled for
adults, has tripled among 12-19 year olds and has more than
quadrupled among 6-11 year olds in the last three decades.
In California, 21 percent of adults and 14 percent of
adolescents are obese. Thirty-five percent of adults and 16
percent of adolescents are overweight. They also cite that
the rates of overweight and obesity are 18 percent higher
among those who drink soda daily compared to those who do
not.
On November 5, 2009, the Senate convened a joint hearing
with the Committee on Health the Select Committee on
Obesity and Diabetes, titled "Exploring the Link Between
Sugar Sweetened Drinks and Obesity." At the hearing,
leading nutrition and obesity researchers from across the
nation gave testimony that sweetened beverage consumption:
1) adds unnecessary calories to an individual's daily
intake due to lack of nutritional value; and, 2) parallels
the rise in obesity in the nation. Researchers affirmed
that reducing the consumption of sweetened beverages is an
important strategy to reverse obesity trends in the United
States.
Impact of obesity on scholastic achievement
Research supports the assertion that healthy eating and
physical activity play an important role in learning and
cognitive development. Poor diet and physical inactivity
have been found to adversely influence the ability to learn
and decrease motivation and attentiveness. Such findings
indicate that young people will not be ready to learn and
achieve their full potential unless they are well nourished
and healthy.
Current school food nutrition standards
In most schools, the nutrition environment has two
components: the USDA school meals program and the sale of
competitive foods. USDA defines competitive foods as those
foods and beverages, regardless of nutritional value, sold
at a school separate from the USDA school meals program.
Current state law imposes calorie limits and a 35/10/35
requirement on a la carte foods sold or served in schools
beginning July 1, 2007. This means no more than 35 percent
of the calories can be from fat, no more than 10 percent of
the calories can be from saturated fat, and no more than 35
percent of the total weight can be composed of sugar. For
STAFF ANALYSIS OF SENATE BILL 1255 (Padilla)Page 6
elementary schools, the 35/10/35 requirement applies to
individually sold dairy and whole grain items, and limits
calories per item to no more than 175. Additionally, only
full meals or individual portions of nuts, nut butters,
seeds, eggs, or cheese packaged for individual sale, fruit,
non-fried vegetables and legumes can be sold in elementary
schools. For middle, junior and high schools, the 35/10/35
requirement applies to all snacks. In addition, entrees are
limited to 400 calories and 4 grams of fat per 100
calories.
Other state and federal standards apply for schools seeking
reimbursement for free and reduced-price meals. These
standards regulate the amount of calories (minimum
calories), fat (30 percent maximum) and saturated fat (10
percent maximum), as well as levels of certain vitamins and
minerals, that can be provided in a full meal.
The Pupil Nutrition, Health and Achievement Act of 2001
The Pupil Nutrition, Health and Achievement Act of 2001
(Act), in conjunction with subsequent related bills,
established various prohibitions on the sale of beverages
in elementary and middle schools and placed nutritional
standards on the types of foods that may be sold to pupils
by the schools, during specified hours. It also required
the Department of Education to establish a pilot program in
which high schools voluntarily adopt food sale
requirements, in exchange for eligibility for an increased
reimbursement rate for free and reduced-price meals served.
In order to test the implementation of the Act in middle
and high schools, the California Department of Education
(CDE), Nutrition Services Division with funding from the
California Department of Food and Agriculture (CDFA),
established the Linking Education, Activity and Food (LEAF)
program. Through LEAF, grants of approximately $200,000
each were competitively awarded to 16 middle and high
schools in 9 California school districts, totaling nearly
$4 million. The University of California, Berkeley, Center
for Weight and Health (CWH), in fulfillment of the
requirements of the Act, prepared the LEAF Evaluation
Report to provide an independent evaluation of the pilot
projects. The evaluation found among other things, that:
1) the development of a district nutrition policy is a
necessary first step to school nutrition reform, including
STAFF ANALYSIS OF SENATE BILL 1255 (Padilla)Page 7
the clear articulation and gradual phase in of standardized
regulations governing the sale of all campus competitive
foods and beverages; 2) the implementation of nutrient
standards for competitive foods needs to be complemented
with increased availability and promotion of nutritious and
appealing alternatives, especially in the form of complete
meals; and, 3) the limits on fat and sugar established by
the Act should be viewed in the context of overall
nutritional goals to avoid the pitfall of providing items
which comply with certain standards but are still not
otherwise healthy.
Many policies were not fully institutionalized until
somewhat late in the LEAF grant period; the ultimate impact
of these changes on the school environment, students, and
other stakeholders therefore could not be fully measured
within the time constraints of the evaluation. The
sustainability of many of these efforts at participating
schools was also in question. Berkeley concluded that, in
order to adequately address these issues and determine
their applicability to other sites, a follow-up study of
the longer-term impacts of the LEAF is merited.
Related bills
SB 1210 (Florez) would impose a tax upon every sweetened
beverage manufacturer, concentrate manufacturer, or other
person who makes the first sale in this state of a
sweetened beverage or concentrate of a rate of $0.01 per
teaspoon of sugar placed into the sweetened beverage or
equivalent amount of concentrate. The revenues collected
from this tax would be deposited in the Childhood Obesity
Fund, which the bill
would create, for appropriation by the Legislature. Pending
in Senate Revenue and Taxation Committee.
SB 1413 (Leno) would require a school district to provide
access to free, fresh drinking water in school food service
areas by January 1, 2012. Pending in Senate Education
Committee.
AB 1982 (Ammiano) would declare intent to enact legislation
to further encourage schools to offer healthy and
nutritious foods to pupils. Pending in Assembly Rules
Committee.
AB 2084 (Brownley) would require a licensed child day care
STAFF ANALYSIS OF SENATE BILL 1255 (Padilla)Page 8
facility to follow
specified guidelines relating to the provision of
beverages, including limiting juice
to not more than one serving per day of 100 percent juice,
prohibiting beverages with added sweeteners, either natural
or artificial, and making clean and safe drinking water
readily available and accessible for consumption throughout
the day. Pending in Assembly Human Services Committee.
Prior legislation
AB 627 (Brownley) of 2009 would have required the
Superintendent of Public Instruction
to establish a pilot program in which licensed child care
centers and child day care homes selected by the department
that participate in the federal Child and Adult Care Food
Program shall implement certain nutrition and physical
activity standards in exchange for a higher state meal
reimbursement. Vetoed.
SB 490 (Alquist) Chapter 648, Statutes of 2007, prohibits
beginning July 1, 2009, a school district from making
available to pupils enrolled in kindergarten or grades 1-12
a food containing artificial trans fat, and prohibits the
use of artificial trans fat in the preparation of a food
item served to those pupils. Exempts from these
requirements food provided as part of a USDA meal program.
AB 1503 (Fuller) of 2007 would have revised the
requirements for schools to receive the $0.21 state
reimbursement rate for free and reduced-price meals,
including not selling or serving any food item that is
fried in any manner, and initiating the process of
eliminating foods containing manufactured trans fats. Would
have reduced the statutory reimbursement rate for free and
reduced-price meals from $0.21 to $0.1563. These provisions
were amended out of the bill.
SB 965 (Escutia) Chapter 237, Statues of 2005, modified the
list of beverages that may be sold to pupils at an
elementary, middle or junior high school, in effect banning
the sale of sodas in schools.
SB 677 (Ortiz) Chapter 415, Statutes of 2003, expanded
restrictions on the types of beverages allowed to be sold
STAFF ANALYSIS OF SENATE BILL 1255 (Padilla)Page 9
in middle and junior high schools and eliminated, as a
condition for implementation of restrictions in elementary,
middle and junior high schools, a requirement that funds be
appropriated for certain programs.
SB 56 (Escutia) Chapter 361, Statutes of 2002, required
schools that are selected to participate in the pilot
program prescribed by the Pupil Nutrition, Health and
Achievement Act of 2001 to comply with specified food sale
requirements, and made various technical and clarifying
changes in related provisions. The bill would subject
operation of the existing law to funding being appropriated
on or before January 1, 2004.
SB 19 (Escutia) Chapter 913, Statutes of 2001, established
the Pupil Nutrition, Health and Achievement Act of 2001. It
established, as of January 1, 2004, various prohibitions on
the sale of beverages in elementary and middle schools and
placed nutritional standards on the type of foods that may
be sold to pupils during school breaks and through vending
machines. The bill increased the reimbursement a school
receives for free and reduced-price meals, permits school
districts to convene a Child
Nutrition and Physical Activity Advisory Committee, and
required the Department of Education to establish a pilot
program in which high schools voluntarily adopt food sale
requirements, in exchange for eligibility for an increased
reimbursement rate for free and reduced price meals served.
Arguments in support
According to the California Department of Public Health,
studies have shown that electrolyte replacement beverages
are overwhelmingly replacing sodas as the beverage of
choice for school-age children, and claims that a student
who drinks a 20 oz sports drink a day will consume enough
calories to lead to a 13-pound weight gain per year.
Closing the loophole that allows electrolyte replacement
beverages to be sold at school is an important part of the
current effort to ensure that California schools provide
healthy beverage options to students.
The American Academy of Pediatrics believes that it is
critical that children be offered healthy food and beverage
choices, and claims that consumption of electrolyte
replacement beverages can cause weight gain. The American
STAFF ANALYSIS OF SENATE BILL 1255 (Padilla)Page 10
Diabetes Association cites that the percentage of
overweight younger people has tripled since 1980. They
believe that schools should serve as models of healthy
behavior encouraging both physical activity and proper
nutrition.
The California School Nurses Association believes there is
a direct correlation between healthy, fit students and
academic success, and believes that electrolyte replacement
beverages are designed to replace the fluids (water) and
electrolytes (sodium, potassium, chromium, manganese, etc.)
lost only after long periods of physical activity, which
does not occur during the school day, and are therefore
unnecessary for students during the school day.
Arguments in opposition
The California Nevada Soft Drink Association (CNSDA) is
opposed unless amended, and sites that a better option
would be to provide choice and no- and low-calorie beverage
alternatives to these students. They note that the soft
drink industry has adopted voluntary school beverage
guidelines on a national basis that create a range of
beverages that are appropriate for various types of school
campuses based on total calories and portion size. The
guidelines allow sports drinks or other beverages that
contain no more than 66 calories per 8 ounce serving. They
believe that sports drinks have a functional place on high
school campuses, and claim their bottlers have voluntarily
limited the sale of sports drinks to only high schools, and
have limited the portion size to no more than 12 ounces.
CNSDA claims they support efforts to address the problem of
obesity comprehensively rather than targeting any one food
or beverage type.
COMMENTS
1. Availability of clean drinking water in schools.
Students need to remain hydrated throughout the day, and
removing an available beverage that students apparently
desire may hinder them from remaining hydrated if this bill
becomes law. Policy- makers may wish to consider addressing
the issue of access to clean drinking water in schools.
2. Exceptions during extreme heat. According to the
abovementioned USDA report, "?it would seem prudent to use
C/E beverages when sweat losses are high; in the early
STAFF ANALYSIS OF SENATE BILL 1255 (Padilla)Page 11
stages of heat exposure; during prolonged heat stress; when
meals are not available; and as an energy/electrolyte
supplement for fluid-loss illness." It is possible that
electrolyte replacement beverages may be moderately
beneficial to students when they are exposed to extreme
heat. In the absence of other provisions pertaining to
student activities during extreme weather, the author may
wish to consider amending the bill to allow school
districts discretion to suspend the provisions of this bill
for student athletes or all students during instances of
extreme heat during the school day.
3. Technical amendments: The existing statutes regulating
beverages to be sold to public school pupils contain
sections that are no longer inoperative, due to more recent
statutes taking effect. The committee suggests cleaning up
the statutes to reflect only those that are operative.
POSITIONS
Support: American Academy of Pediatrics
American Diabetes Association
California Center for Public Health Advocacy
California Department of Public Health
California Food Policy Advocates
California Medical Association
California School Nurses Organization
California School Nutrition Association
California Teachers Association
County Health Executives Association of California
Health Officers Association of California
Mission Community Hospital
San Mateo County Board of Supervisors
Two individuals
Oppose: California Nevada Soft Drink Association
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