BILL ANALYSIS
SENATE COMMITTEE ON EDUCATION
Gloria Romero, Chair
2009-2010 Regular Session
BILL NO: SB 1255
AUTHOR: Padilla
INTRODUCED: February 19, 2010
FISCAL COMM: No HEARING DATE: April 21, 2010
URGENCY: No CONSULTANT:Lynn Lorber
SUBJECT : Electrolyte Replacement Beverages
KEY POLICY ISSUE
Should schools be prohibited from selling electrolyte
replacement beverages to pupils during school hours?
SUMMARY
This bill prohibits, beginning on July 1, 2011, the sale of
electrolyte replacement beverages on school campuses within
one-half hour of the start of school to one-half hour after
the end of the school day.
BACKGROUND
Current law restricts the sale of beverages at schools as
follows: (Education Code 49431.5)
For elementary schools : Regardless of the time of day, only
the following beverages may be sold to a pupil:
1) Fruit-based drinks that have at least 50% fruit juice
and no added sweetener.
2) Vegetable-based drinks that have at least 50% vegetable
juice and no added sweetener.
3) Drinking water with no added sweetener.
4) Two percent fat milk, 1% fat milk, nonfat milk, soymilk,
rice milk, and other similar non-dairy milk.
For middle or junior high and high schools : From one-half
hour before the start of the schoolday until one-half hour
after the end of the schoolday only the following beverages
may be sold to a pupil:
1) Fruit-based drinks that have at least 50% fruit juice
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and no added sweetener.
2) Vegetable-based drinks that have at least 50% vegetable
juice and no added sweetener.
3) Drinking water with no added sweetener.
4) Two percent fat milk, 1% fat milk, nonfat milk, soymilk,
rice milk, and other similar non-dairy milk.
5) An electrolyte replacement beverage that contains no
more than 42 grams of added sweetener per 20-ounce
serving.
ANALYSIS
This bill prohibits, beginning July 1, 2011, electrolyte
replacement beverages from being sold to a pupil from
one-half hour before the start of the schoolday until
one-half hour after the end of the schoolday.
STAFF COMMENTS
1) Need for the bill : According to the author, "studies
show that students are overwhelmingly replacing soda
with 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.
2) Electrolyte replacement beverages . By definition,
electrolyte replacement beverages contain sugar or some
type of sweetener. Electrolyte replacement drinks are
designed to replace the fluids (water) and electrolytes
(sodium, potassium, etc.) lost during exercise. Some
beverages provide carbohydrate (glucose, sucrose,
glucose polymers) as a replacement to sustain energy
output. Proponents contend that these beverages are
meant to replace what the body loses only after long
periods of physical activity. Do pupils exercise enough
at school to warrant the need to drink electrolyte
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replacement beverages?
3) Exemptions remain . This bill does not modify the
exemptions in current law:
Elementary schools may sell beverages not
specifically authorized in law if the items are
sold by pupils off and away from the school campus
or the items are sold by the pupils one-half hour
or more after the end of the schoolday.
A middle or junior high school may sell these
beverages:
o As part of a school event if the
sale occurs at a school-sponsored event and
takes place at the location of the event at
least one-half hour after the end of the
schoolday.
o If vending machines, pupil stores
and cafeterias are used later than one-half
hour after the end of the schoolday.
A middle or junior high school may sell these
beverages through a vending machine if it is only
available no later than one-half hour before the
start of the schoolday and not sooner than one-half
hour after the end of the schoolday. (Education
Code 49431.5)
4) Sweetened beverages . On November 5, 2009, the Senate
convened a joint hearing of the Health Committee and 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.
5) Fiscal impact to schools . During deliberations on prior
legislation to limit and eventually eliminate the sale
of soda on school campuses, some were concerned that
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schools could lose hundreds of thousands of dollars in
revenue from those sales. Anecdotal evidence suggests
that schools found other ways to generate revenue, such
as through the sale of bottled water, juice and
electrolyte replacement beverages. Will schools suffer
financially if this bill were to become law?
6) Senate Health Committee amendments . Beverage
restrictions were phased in and statutes continue to
reflect operative dates from years passed. The Health
Committee staff recommended technical amendments to
delete sections that are no longer operative.
7) Related legislation .
SB 1413 requires schools to provide access to
free, fresh drinking water in food service areas.
SB 1413 passed this Committee on April 14, 2010, on
a 6-2 vote, and is now pending in the Senate
Appropriations Committee.
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
Children's Hospital Los Angeles, Center for Diabetes,
Endocrinology & Metabolism
Harvard School of Public Health, Department of Nutrition
Health Officers Association of California
Mission Community Hospital
Oakland Unified School District, Nutrition Services
San Mateo County Board of Supervisors
OPPOSITION
None received.
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