BILL ANALYSIS
SB 1255
Page 1
Date of Hearing: June 29, 2010
ASSEMBLY COMMITTEE ON HEALTH
William W. Monning, Chair
SB 1255 (Padilla) - As Amended: June 22, 2010
SENATE VOTE : 21-11
SUBJECT : Schools: nutrition: beverages.
SUMMARY : Prohibits an electrolyte replacement beverage (ERB)
that contains no more than 42 grams of added sweetener per
20-ounce serving from being sold on middle school and high
school campuses from 30 minutes before the start of the
schoolday until 30 minutes after the end of the schoolday.
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; and,
d) Two percent fat milk, 1% fat milk, nonfat milk, soymilk,
rice milk, and other similar non-dairy milk.
2)Authorizes the sale of beverages that do not comply with 1)
above 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; and,
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.
EXISTING LAW for middle and high schools :
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;
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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, 1% fat milk, nonfat milk, soymilk,
rice milk, and other similar non-dairy milk; and,
e) An ERB that contains no more than 42 grams of added
sweetener per 20-ounce serving.
2)Authorizes the sale of beverages that do not comply with 1)
above 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; and,
b) Vending machines, pupil stores, and cafeterias are used
later than one-half hour after the end of the schoolday.
3)Defines, in regulations, 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; and,
e) Contains no added caffeine.
FISCAL EFFECT : None
COMMENTS :
1)PURPOSE OF THIS BILL . According to the author, until
recently, the negative consequences of sugar-sweetened
beverages (SSBs), including sodas and sports drinks, were not
fully understood. The author maintains that extensive studies
show that SSBs are widely consumed in California and are
associated with increased rates of obesity and obesity-related
diseases. The author asserts that SB 965 (Escutia), Chapter
237, Statues of 2005, eliminated soda from schools and limited
beverages with added sweeteners. However, according to the
author, the established standards under SB 965 allowed
sugar-sweetened ERBs, commonly known as sports drinks, to be
sold in middle and high schools. The author argues closing
the loophole and prohibiting ERBs to be sold at schools is an
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important part of the current effort to ensure that California
schools provide healthy beverage options to students.
2)ERBS . ERBs are designed to replace fluids after exercise and
generally contain sodium and potassium to improve fluid
absorption in the body. According to a U.S. Department of
Agriculture (USDA) report on Carbohydrate/ERBs,
"carbohydrate/ERBs 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 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.
According to the University of California Center for Weight and
Health (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 does not contain unnecessary
calories or artificial sweeteners and children do not 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 do not provide any extra benefit over water.
The Center for Weight and Health 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.
3)CHILDHOOD OBESITY . If current trends continue unchecked,
today's children will become the first generation to live
shorter life spans than their parents. According to the
University of California at Los Angeles, Center for Health
Policy Research (UCLA), the prevalence of overweight and
obesity nearly tripled among 12-19 year olds and more than
quadrupled among six-11 year olds in the last three decades.
According to UCLA, overweight and obesity in children are
associated with increased risk for cardiovascular disease
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indicators, including high total cholesterol, high blood
pressure, and high fasting insulin, an early indicator of
diabetes risk. In addition, according to UCLA, overweight
children and adolescents are more likely to be overweight or
obese as adults. In adults overweight and obesity are
associated with increased risk for diabetes, heart disease,
stroke, some types of cancer and premature death.
4)SUPPORT . According to the California Department of Public
Health, (DPH) the consumption of ERBs is linked to obesity and
obesity-related diseases, such as diabetes, hypertension and
heart disease. The American Diabetes Association writes that
diabetes is the sixth leading cause of death and the leading
cause of blindness in adults, amputation of lower extremities,
kidney failure, heart attack, and stroke in the U.S. The
American Cancer Society adds that overweight and obesity
contribute to between 14% and 20% of all cancer-related deaths
in the U.S. DPH explains that studies have shown that ERBs
are overwhelmingly replacing sodas as the beverage of choice
for school-aged children and a student who drinks one 20 ounce
ERB a day will consume enough calories to lead to a 13 pound
weight gain a year. The Harvard School of Public Health
writes that data the school published shows direct evidence
that reducing consumption of ERBs in overweight adolescents
led to an important reduction in body weight. The California
Parks and Recreation Society and several school districts
write that many students wrongly believe that ERBs are a
"healthy" replacement to drinking sodas, but in fact they are
very high in sugar and sodium. The California Medical
Association states that while consumption of ERBs in
moderation is fine, they are high in calories and offer no
nutritional benefit.
Governor Arnold Schwarzenegger, Prevention Institute, and
Strategic Alliance for Healthy Food and Activity Environments
point out that ERBs are designed to be consumed only after
long periods of physical activity and cite that research
indicates that eight of the top 10 beverages sold a la carte
in California's public schools are ERBs. The California
School Nurses Organization assert that ERBs are unnecessary
for students during the school day and that they are designed
to replace fluids and electrolytes which can be lost due to
lengthy and strenuous activity and that this does not happen
during the school day. The California Center for Public
Health Advocacy (CCPHA) states that research shows water is
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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 in ERBs. CCPHA writes that even
when children exercise vigorously - running nonstop for an
entire hour - water is just as good at replenishing fluids
they need while keeping electrolytes in balance.
The California Dental Association (CDA) writes that the
deleterious oral health affects of SSBs, like ERBs, are well
documented and consumption of these drinks creates a high-risk
of dental enamel damage and caries development. CDA states
that 50% of kindergartners and nearly 70% of third graders in
California already have experienced dental decay; left
untreated this decay may cause chronic pain, infection,
delayed growth, school absenteeism, and can interfere with
learning. The California Teacher's Association believes
nutrition has a direct effect on a student's ability to learn
and that products available for consumption in schools should
be nutritious and free of harmful chemicals.
5)OPPOSITION . The California Chamber of Commerce (Chamber) is
opposed to this bill because it further restricts the kinds of
foods that may be sold in California public schools. The
Chamber argues that this bill does not address the real causes
of obesity and that focusing on foods and beverages in schools
is counter-productive when considering the multitude of
factors that contribute to obesity. The Chamber argues that
state law and federal regulations already adequately protects
children by placing restrictions on food and beverages with
minimal nutritional values served in schools during lunch.
The Chamber maintains this bill would achieve little while
creating additional costs to both local school systems and the
state.
6)OPPOSE UNLESS AMENDED . The California Nevada Soft Drink
Association (CNSDA) states that they are opposed unless
amended to this bill. CNSDA maintains that they support
efforts that address the obesity problem comprehensively
rather than targeting any one food or beverage type. CNSDA
also recommends that the types of beverages that should be
allowed on middle and high school campuses be re-evaluated.
According to CNSDA, the original provisions were adopted five
years ago when many of the beverage options that are now
available did not exist such as low- or no-calorie flavored
waters, lower and no-calorie sports drinks, and a variety of
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alternative beverages like Vitamin Water, SoBe and Propel
Water, just to name a few. With a re-evaluation CNSDA argues
that schools would able to sell alterative beverages with low
or no calories as well as raise much needed revenues for a
variety of programs.
7)RELATED AND PREVIOUS LEGISLATION .
a) SB 1210 (Florez and Assemblymember Monning) of 2010
enacts an excise tax of $0.01 per teaspoon of added caloric
sweetener in a bottled sweetened beverage or concentrate
sold or offered to sale to a retailer. SB 1210 requires
the Board of Equalization to deposit all taxes, penalties,
and interest collected, less refund and administrative
costs, in the Children's Health Promotion Fund, which SB
1210 would create. SB 1210 would require all moneys in the
fund, upon appropriation by the Legislature, to be
allocated to the State Department of Public Health for
distribution of grants to eligible school districts for the
purposes of statewide childhood obesity prevention
activities and programs. SB 1210 is currently in Senate
Revenue and Tax Committee on the suspense file.
b) SB 1413 (Leno) of 2010 prohibits a governing board of a
school district from entering into, or renewing, a contract
that restricts the availability of free tap water on 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. SB 1413 is
currently pending hearing in the Assembly Education
Committee and is scheduled to be heard on June 30, 2010.
c) AB 2084 (Brownley) of 2010 requires 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. SB 2084 is
currently pending in the Senate Health Committee and is
scheduled to be heard June 23, 2010.
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d) AB 627 (Brownley) of 2009 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 have received higher state meal reimbursement to
implement higher nutrition and physical activity standards.
AB 627 was vetoed by the Governor stating that AB 627
created pressure to add Proposition 98 General Fund
resources to CACFP when funding for so many other education
programs have been cut.
e) SB 965 modifies 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.
f) SB 677 (Ortiz) Chapter 415, Statutes of 2003, expands
restrictions on the types of beverages allowed to be sold
in middle and junior high schools and eliminates, as a
condition for implementation of restrictions in elementary,
middle and junior high schools, a requirement that funds be
appropriated for certain programs.
g) SB 19 (Escutia) Chapter 913, Statutes of 2001,
establishes the Pupil Nutrition, Health and Achievement Act
of 2001, which places various prohibitions on the sale of
beverages in elementary and middle schools and places
nutritional standards on the type of foods that may be sold
to pupils a la carte, as specified.
8)SECOND COMMITTEE OF REFERENCE . This bill was heard in
Assembly Education Committee on June 16, 2010, and was
approved on a 5-2 vote.
REGISTERED SUPPORT / OPPOSITION :
Support
Governor Arnold Schwarzenegger (sponsor)
American Academy of Pediatrics, California District
American Cancer Society
American Diabetes Association
California Board of Chiropractic Examiners
California Center for Public Health Advocacy
California Chiropractic Association
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California Dental Association
California Department of Public Health
California Food Policy Advocates
California Medical Association
California Pan-Ethnic Health Network
California Park and Recreation Society
California School Nurses Organization
California School Nutrition Association
California State PTA
California Teachers Association
Children's Hospital Los Angeles
Community Clinic Association of Los Angeles County
Harvard School of Public Health
Health Officers Association of California
Los Angeles Unified School District
Mission Community Hospital
Northeast Valley Health Corporation
Oakland Unified School District
Prevention Institute
San Mateo County Board of Supervisors
Strategic Alliance for Healthy Food and Activity Environments
Opposition
California Chamber of Commerce
Oppose Unless Amended
California Nevada Soft Drink Association
Analysis Prepared by : Tanya Robinson-Taylor / HEALTH / (916)
319-2097