BILL ANALYSIS
SB 1255
Page A
Date of Hearing: June 16, 2010
ASSEMBLY COMMITTEE ON EDUCATION
Julia Brownley, Chair
SB 1255 (Padilla) - As Amended: April 28, 2010
[This bill has been double referred to the Assembly Health
Committee and will be heard as it relates to the issues under
its jurisdiction.]
SENATE VOTE : 21-11
SUBJECT : Schools: nutrition: beverages.
SUMMARY : Prohibits electrolyte replacement beverages (ERBs)
that contain 42 grams or less of added sweetener per 20-ounce
serving, from being sold to middle or high school students from
one-half hour before the start of the schoolday until one-half
hour after the end of the schoolday, commencing July 1, 2011.
EXISTING LAW for elementary schools :
1)Authorizes, regardless of the time of day, only the following
beverages to be sold to a pupil:
a) Fruit-based drinks that have at least 50% fruit juice
and no added sweetener.
b) Vegetable-based drinks that have at least 50% vegetable
juice and no added sweetener.
c) Drinking water with no added sweetener.
d) Two percent fat milk, one percent fat milk, nonfat milk,
soymilk, rice milk, and other similar non-dairy milk.
(Education Code 49431.5)
2)Authorizes the sale of beverages that do not comply with the
law as part of a school fundraising event in any of the
following circumstances:
a) The items are sold by pupils of the school and the sale
of those items takes place off and away from the premises
of the school.
b) The items are sold by pupils of the school and the sale
of those items takes place one-half hour or more after the
end of the schoolday. (Education Code 49431.5)
EXISTING LAW for middle and high schools :
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1)Authorizes, from one-half hour before the start of the
schoolday until one-half hour after the end of the schoolday
only the following beverages to be sold to a pupil:
a) Fruit-based drinks that have at least 50% fruit juice
and no added sweetener.
b) Vegetable-based drinks that have at least 50% vegetable
juice and no added sweetener.
c) Drinking water with no added sweetener.
d) Two percent fat milk, one percent fat milk, nonfat milk,
soymilk, rice milk, and other similar non-dairy milk.
e) An ERB that contains no more than 42 grams of added
sweetener per 20-ounce serving. (Education Code 49431.5)
2)Authorizes the sale of beverages that do not comply with the
law as part of a school event if the sale of those items meets
all of the following criteria:
a) The sale occurs during a school-sponsored event and
takes place at the location of that event at least one-half
hour after the end of the schoolday.
b) Vending machines, pupil stores, and cafeterias are used
later than one-half hour after the end of the schoolday.
(Education Code 49431.5)
3)Defines ERB to mean potable liquid that meets all the
following requirements:
a) Water as the first ingredient.
b) Contains no more than 2.1 grams of added sweetener per
fluid ounce.
c) Contains at least 10 milligrams but not more than 150
milligrams of sodium per 8 ounces.
d) Contains as least 10 milligrams but no more than 90
milligrams of potassium per 8 ounces.
e) Contains no added caffeine. (California Code of
Regulations, Title 5, Section 15576)
FISCAL EFFECT : This bill is keyed non-fiscal.
COMMENTS : Electrolyte Replacement Beverages . ERBs are designed
to replace fluids after exercise and generally contain sodium
and potassium to improve fluid absorption in the body.
According to a USDA report on Carbohydrate/Electrolyte
Replacement Beverages, "carbohydrate/electrolyte beverages
provide carbohydrate (glucose, sucrose, glucose polymers)
replacement to sustain energy output, and electrolytes (sodium,
potassium) to replace those lost in sweat." The USDA report
states that ERBs may be useful for individuals who have lost
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large quantities of fluids through sweating on a daily basis,
and those who perform continuous exercise for more than 60
minutes, however, the report concludes that there is no need to
substitute ERBs for water as a primary form of fluid
replacement. The committee should consider whether middle and
high school students receive enough daily exercise (and
subsequent loss of fluids) to warrant the sale of ERBs to
students during school hours.
According to the University of California Center for Weight and
Health, "Research shows that water is the best drink for
children during the school day and at most sports practices.
Water doesn't contain unnecessary calories or artificial
sweeteners and children don't need the extra electrolytes and
minerals that sports drinks may provide. Children get plenty of
electrolytes from the food they eat, so during the school day
and at most practices, sports drinks don't provide any extra
benefit over water." The Center further finds that, "many sports
drinks contain high fructose corn syrup (also the main sweetener
in soda), which may be linked to increased rates of obesity.
While manufacturers are developing products with lower sugar
content, they are replacing the sugar with artificial sweeteners
such as Sucralose that have no nutritional value. Studies
suggest that artificial sweeteners may increase people's taste
for sweets and even lead people to eat more after exercising."
According to the author, childhood obesity has become an
epidemic in the United States and is the primary cause of type-2
diabetes and other long-term health problems. Since 1980, the
number of obese children in our nation has tripled, and obesity
now rivals smoking as the largest cause of preventable death and
disease. California has one of the fastest growing rates of
obesity of any state in the nation. One third of California's
kids ages 9-11 are overweight or at risk of becoming overweight
and are increasingly suffering from nutrition-related illnesses
that normally occur in adulthood, diseases such as type-2
diabetes and pre-hypertension. A number of studies have found
that greater consumption of sweetened beverages is associated
with overweight and obesity among both adults and children.
Furthermore, drinking sweetened beverages has increased, and it
is now more common than ever, particularly among adolescents.
According to the sponsor of the bill, Governor Arnold
Schwarzenegger, recent research indicates eight of the top 10
beverages sold a la carte in California's public high schools
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are ERBs. And while traditional carbonated sugar sweetened
beverages such as soda are losing market share, ERBs are showing
significant growth in the marketplace. Scientific studies show
that the consumption of sugar sweetened beverages is associated
with weight gain, diabetes, and obesity. The scientific
evidence linking sugar sweetened beverages with weight gain is
stronger than for any other food category, and some studies
conclude that for children, each extra can or glass of a sugar
sweetened beverage consumed per day can increase their chance of
becoming obese by as much as 60%. In California, the rates of
obesity are higher among adolescents who drink sugar sweetened
beverages than among those who do not.
What about Vitamin Water ? Some argue that vitamin water drinks
should be authorized to be sold in middle and high schools
during the schoolday. Many vitamin water drinks, however,
contain sugar sweetener and/or artificial sweetener, similar to
regular and diet soda. Vitamin water drinks that contain sugar
sweetener could contain as many or more calories than ERBs or
soda. Some argue that vitamin water drinks that contain
artificial sweetener are equivalent to diet soda and should not
be sold in schools. In fact, vitamin water drinks that contain
artificial sweetener are sometimes referred to as diet water,
and one brand is named "Skinny Water." Others argue that
vitamin water that does not contain sweeteners of any kind may
already fall under the existing authorization for schools to
sell "drinking water with no added sweetener" to both elementary
and middle/high school students.
The committee should consider whether it is appropriate for
schools to sell vitamin water drinks to students of any age.
Further, if it is interpreted that vitamin water drinks are
considered "drinking water with no added sweetener," the
committee should consider whether it is appropriate for schools
to sell these products under current law. If vitamin water
drinks do not fall under the current authorization, the
committee should also consider whether to specifically authorize
or prohibit either sweetened or unsweetened vitamin water drinks
to be sold in schools during the schoolday.
Similarly, there are ERBs on the market that do not contain any
added sweetener. One such example of these products is
"Smartwater." These products contain water with added
electrolytes but do not contain sweeteners. These products may
also fall under the current definition of "drinking water with
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no added sweetener" because they do not meet the definition of
an ERB as outlined in regulations which establishes minimum
levels of sodium and potassium. According to the "Smartwater"
label, it contains electrolytes, but the label does not list the
amount of electrolytes contained in the bottle. Because the
label does not list the amount of these ingredients it is
unclear whether the amount is appropriate for children. The
committee should consider whether it is appropriate to sell
unsweetened electrolyte water to students during the school day,
particularly to elementary school students. The committee
should also consider whether to specifically authorize or
prohibit unsweetened electrolyte water to be sold in schools
during the schoolday, and to what age students.
Vitamin Toxicity . The committee should consider whether there
could be a risk of vitamin toxicity for children who drink more
than one vitamin water drink per day, and for children who drink
vitamin water drinks in addition to taking a daily multivitamin.
It is unclear whether drinking one or more bottles of vitamin
water drinks alone, or in addition to a multivitamin, could put
students at risk for ingesting the upper limits of these
vitamins, which could cause toxicity concerns.
The Tolerable Upper Intake Level (UL) is the maximum level of
daily nutrient intake that is likely to pose no risk of adverse
effects, based on the Dietary Reference Index (DRI) established
by the National Academy of Sciences and the Institute of
Medicine. According to the USDA, as intake increases above the
UL, the potential risk of adverse effects may increase.
For purposes of illustration, the established UL for Niacin
(Vitamin B3) for children ages 9-13 is 20 milligrams (mg) per
day. According to the listed amount of Niacin on a bottle of
"vitaminwater" brand beverage, a child age 9-13 who drinks two
bottles of "vitaminwater" brand beverage will reach the UL for
Niacin.<1> As another example, if a child age 9-13 is taking a
daily multivitamin such as "Flintstones Complete" which contains
15mg of Niacin,<2> that child would reach the UL for Niacin
after drinking only half a bottle of "vitaminwater" brand
beverage. The committee should consider whether it is
appropriate to sell vitamin water drinks to children in school
---------------------------
<1> Source: University of California Center for Weight and
Health.
<2> Source: Flintstones Website.
http://flintstonesvitamins.com/complete/index.html
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at any age.
50% versus 100% Juice . Current law authorizes fruit and
vegetable juice containing at least 50% juice to be sold in
schools. It is unclear how many juice drinks contain more than
50% juice but do not contain 100% juice. It is also unclear how
many juice drinks currently sold to students at school contain
less than 100% juice. The committee should consider whether it
is appropriate to sell juice to students in school that contain
less than 100% juice and whether the current authorization for
juice should require only 100% juice be sold to students during
the school day.
Flavored Milk . Current law authorizes the sale of two percent
and one percent fat milk along with other non-dairy milk
products. Current law does not prohibit the sale of flavored
milk, such as chocolate or strawberry. Flavored milk usually
contains significantly more sugar than plain milk. In addition,
the Institutes of Medicine recently recommended that school age
children drink one percent milk instead of two percent milk.
Because of the increased sugar and fat content, the committee
should consider whether it is appropriate to sell flavored milk
or two percent milk in school, particularly to elementary school
students.
Arguments in Support : According to the California Medical
Association, "These beverages have become more prolific at
schools after soda was banned, and often contain just as much
sugar. These beverages are heavily marketed to young people,
especially to student athletes. While moderate consumption of
them may be fine, they are high in calories, have no nutritional
benefit and don't belong in our schools."
Arguments in Opposition : According to the California Nevada
Soft Drink Association, "We support efforts that address the
obesity problem comprehensively rather than targeting any one
food or beverage type. We would also recommend that you
re-evaluate the types of beverages that should be allowed on
middle and high school campuses. The original provisions were
adopted 5 years ago when many of the beverage options that are
now available did not exist. Beverages like low- or no-calorie
flavored waters, lower and no-calorie sports drinks, and a
variety of alternative beverages like vitaminwater, SoBe and
Propel Water, just to name a few. This would allow schools to
sell alterative beverages with low or no calories as well as
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raise much needed revenues for a variety of programs."
Committee Amendments : Staff recommends technical amendments to
Section one of the bill to eliminate the duplicative code
language and incorporate high schools into the existing middle
school authorizations. Staff recommends the references to
junior high and senior high school be corrected to refer to
middle school and high school. Staff further recommends, in
addition to the existing authorization to sell fruit/vegetable
juice and milk, the bill be amended to only authorize the sale
of drinking water with no added sweetener, electrolytes or
vitamins, beginning July 1, 2011.
Related legislation : SB 1413 (Leno) from 2010, pending hearing
in the Assembly Education Committee, prohibits a governing board
of a school district from entering into, or renewing, a contract
that restricts the availability of free tap water a school
campus, and allows a school district to provide free tap water
in school food service areas, including, but not limited to,
areas where reimbursable meals under the National School Lunch
Program or the federal School Breakfast program are served or
consumed.
AB 2084 (Brownley) from 2010, pending in the Senate Health
Committee, would require licensed child day care facilities to
follow specified guidelines relating to the provision of
beverages, including serving only 1% milk to children ages two
or older; limiting juice to not more than one serving per day of
100% juice; serving no beverages with added sweeteners, either
natural or artificial; and, making clean and safe dinking water
readily available and accessible for consumption throughout the
day, particularly with meals and snacks.
Previous legislation : AB 627 (Brownley) of 2009, which was
vetoed by the Governor, would have established a 12-month or
more pilot project in which a number of licensed child care
centers and child day care homes that participate in the Child
Care & Adult Food Program (CACFP) would receive higher state
meal reimbursement to implement higher nutrition and physical
activity standards.
SB 965 (Escutia) Chapter 237, Statues of 2005, modified the list
of beverages that may be sold to pupils at an elementary, middle
and high school, and phased in a prohibition on the sale of soda
in high schools.
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SB 677 (Ortiz) Chapter 415, Statutes of 2003, expanded
restrictions on the types of beverages allowed to be sold 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 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 a la carte, as specified.
REGISTERED SUPPORT / OPPOSITION :
Support
California Chiropractic Association
California Dental Association
California Department of Public Health
California Medical Association
California School Nurses Organization
California School Nutrition Association
California Teachers Association
Health Officers Association of California
San Mateo County Board of Supervisors
Opposition
California Chamber of Commerce
California Nevada Soft Drink Association
Analysis Prepared by : Chelsea Kelley / ED. / (916) 319-2087