BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 1255|
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THIRD READING
Bill No: SB 1255
Author: Padilla (D), et al
Amended: 4/28/10
Vote: 21
SENATE HEALTH COMMITTEE : 6-3, 4/14/10
AYES: Alquist, Cedillo, Leno, Negrete McLeod, Pavley,
Romero
NOES: Strickland, Aanestad, Cox
SENATE EDUCATION COMMITTEE : 6-2, 4/21/10
AYES: Romero, Alquist, Hancock, Liu, Price, Simitian
NOES: Huff, Wyland
NO VOTE RECORDED: Maldonado
SUBJECT : Electrolyte replacement beverages
SOURCE : Author
DIGEST : 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 schoolday.
ANALYSIS : Current law restricts the sale of beverages at
schools as follows (Section 49431.5 of the Education Code):
For elementary schools - Regardless of the time of day,
only the following beverages may be sold to a pupil:
CONTINUED
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1. Fruit-based drinks that have at least 50 percent fruit
juice and no added sweetener.
2. Vegetable-based drinks that have at least 50 percent
vegetable juice and no added sweetener.
3. Drinking water with no added sweetener.
4. Two percent fat milk, one percent 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 percent fruit
juice and no added sweetener.
2. Vegetable-based drinks that have at least 50 percent
vegetable juice and no added sweetener.
3. Drinking water with no added sweetener.
4. Two percent fat milk, one percent 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.
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.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 4/28/10)
American Academy of Pediatrics
American Diabetes Association
California Center for Public Health Advocacy
California Food Policy Advocates
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California Medical Association
California School Nurses Organization
California School Nutrition Association
California Teachers Association
Children's Hospital Los Angeles, Center for Diabetes,
Endocrinology and Metabolism
Department of Public Health
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 : (Verified 4/28/10)
California Chamber of Commerce
ARGUMENTS IN SUPPORT : 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."
ARGUMENTS IN OPPOSITION : The California Chamber of
Commerce states:
"SB 1255 does not address the real causes of obesity,
which include a number of complex factors from nutrition
to physical activity. Focusing on foods and beverages in
schools is counter-productive when viewing the multitude
of factors that lead to obesity. Experts agree that a
healthy lifestyle requires an approach that teams healthy
eating with physical activity. This approach includes
both parent sand teachers in the education and
encouragement of children to maintain a healthy
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lifestyle.
"State law and United States Department of Agriculture
regulations already adequately protect children by
requiring that many foods and beverages contain certain
levels of specific nutrients. Foods and beverages with
minimal nutritional values are already restricted from
sale during school lunch periods. Further restriction
would achieve little while costing much to both the local
school systems and the state."
RJG:mw 4/28/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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