BILL ANALYSIS                                                                                                                                                                                                    �



                                                                            



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                                    THIRD READING


          Bill No:  SB 912
          Author:   Mitchell (D)
          Amended:  4/21/14
          Vote:     21


           SENATE GOVERNMENTAL ORGANIZATION COMMITTEE  :  8-1, 4/8/14
          AYES:  Correa, Berryhill, Cannella, De Le�n, Galgiani, Lieu,  
            Padilla, Torres
          NOES:  Vidak
          NO VOTE RECORDED:  Hernandez, Vacancy

           SENATE APPROPRIATIONS COMMITTEE  :  6-0, 4/28/14
          AYES:  De Le�n, Gaines, Hill, Lara, Padilla, Steinberg
          NO VOTE RECORDED:  Walters


           SUBJECT  :    State property:  vending machines

           SOURCE  :     American Heart Association/American Stroke  
          Association
                      California Center for Public Health Advocacy
                      California Pan-Ethnic Health Network


           DIGEST  :    This bill removes a sunset clause and thereby makes  
          permanent an existing law requiring operators of vending  
          machines on designated state property to stock the machines with  
          specified percentages of food and beverages that meet accepted  
          nutritional guidelines; and makes related technical changes.

           ANALYSIS  :    

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          Existing law:

          1.Requires a vendor that operates or maintains a vending  
            machine, as defined, on state property to offer at least 35%  
            of the food, and at least one-third of the beverages in a  
            vending machine that meets accepted nutritional guidelines.

          2.Specifies that a separate one-third of the beverages offered  
            in the vending machine shall either meet accepted nutritional  
            guidelines or be flavored milk, beverages containing less than  
            20 calories per 12-ounce serving, or beverages that are  
            composed of at least 50% fruit juice that may contain  
            non-caloric sweetener.  The remaining one-third of the  
            beverages offered in the vending machine may be any beverage  
            allowed by law.

          3.Provides that if a vendor operates or maintains two or more  
            vending machines that are located next to each other, the  
            requirements may be met by calculating the percentage of the  
            total food and beverages offered in all of the adjacent  
            machines.

          4.Defines "accepted nutritional guidelines" as:

             A.   Beverages that are the following or meet the following  
               standards:

                     Water.

                     Milk, including, but not limited to, soy milk, rice  
                 milk, and other similar dairy or nondairy milk.

                     Electrolyte replacement beverages that do not  
                 contain more than 42 grams of added sweetener, as  
                 defined, per 20-ounce serving.

                     100% fruit juice.

                     Fruit-based drinks that are composed of no less than  
                 50% fruit juice and that have no added sweeteners.

             A.   Food that meets the following standards:

                     Not more than 35% of its total calories are from  

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                 fat, except that this does not apply to nuts, seeds, or  
                 whole grain products.

                     Not more than 10% of its total calories are from  
                 saturated fats.

                     Not more than 35% of its total weight is from sugar,  
                 except that this does not apply to fruits and vegetables.

          This bill:

          1.Removes a sunset clause and thereby makes permanent an  
            existing law requiring operators of vending machines on  
            designated state property to stock the machines with specified  
            percentages of food and beverages that meet accepted  
            nutritional guidelines.

          2.Makes related technical changes to existing law.

           Background
           
          Since 2008, state law has required that one-third of beverages,  
          and 35% of the food (since 2011), in vending machines on state  
          property meet minimal nutritional standards.  However, a January  
          1, 2015 sunset on existing law threatens to eliminate these  
          healthier options for consumers.  This bill simply preserves  
          existing law by removing the sunset on the required nutritional  
          guidelines, thereby providing consumers with the continued  
          opportunity to make healthy choices.

           Comments
           
          The author's office states that healthier food options in state  
          buildings will help reduce the prevalence and cost of  
          diet-related diseases, while promoting the well-being of state  
          employees and the general public.  The author's office states  
          further that California has been a leader in promoting healthy  
          choices in the vending machines on state property.

          California is in the midst of an obesity and diabetes epidemic  
          and now is not the time to abandon this modest but important  
          policy, according to the author's office.

          The author's office states that studies have shown a  

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          relationship between the physical and social environments at the  
          workplace and the health behaviors of employees.  Nearly half of  
          our waking hours are spent at the workplace, and the foods  
          available in employee cafeterias, vending machines, and  
          work-sponsored events frequently determine what people eat  
          throughout the day.  As one of the first states in the country  
          to implement nutrition standards and prohibit sugar-sweetened  
          beverages in our schools, California should continue to be a  
          leader in creating healthy food environments.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  No

          According to the Senate Appropriations Committee, unknown,  
          likely minor impact on state special fund revenues derived from  
          vending machine receipts.  (Vending Stand Fund and Business  
          Enterprise Vending Machine Account)

           SUPPORT  :   (Verified  4/29/14)

          American Heart Association/American Stroke Association  
          (co-source)
          California Center for Public Health Advocacy (co-source)
          California Pan-Ethnic Health Network (co-source)
          ACCESS Women's Health Justice
          ACT for Women and Girls
          AFSCME
          American Cancer Society Cancer Action Network
          Asian Americans Advancing Justice - Los Angeles
          Black Women for Wellness
          California Automatic Vendors Council
          California Black Health Network
          California Food Policy Advocates
          California Immigrant Policy Center
          California Latinas for Reproductive Justice
          California Medical Association
          California Partnership
          California Rural Legal Assistance Foundation
          California WIC Association
          Cal-Islanders Humanitarian Association
          Center for Science in the Public Interest
          Central Valley Partnership for Citizenship
          Centro Binacional para el Desarrollo Idigena Oaxaqueno - Fresno
          Centro Binacional para el Desarrollo Idigena Oaxaqueno -  

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          Greenfield
          Centro Binacional para el Desarrollo Idigena Oaxaqueno - Los  
          Angeles
          Chinese Progressive Association
          Clinica Msr. Oscar A. Romero
          Coalition for Humane Immigrant Rights of Los Angeles
          Congress of California Seniors
          Council of Mexican Federations
          County Health Executives Association of California
          Day One, Inc.
          Earth Mama Healing
          El Quinto Sol
          Fresno Center for New Americans
          Fresno Interdenominational Refugee Ministries
          Guam Communications Network
          Having Our Say Coalition
          Health Access
          Korean Community Center of the East Bay
          Korean Resource Center
          Latino Coalition for a Healthy California
          Libreria del Pueblo
          Los Angeles County Board of Supervisors
          Madera Coalition
          Mid-City CAN
          Pacific Islander Cancer Survivors Network
          Prevention Institute
          Roots Community Health Center/Roots Community Health Alliance
          Services, Immigrant Rights, and Education Network
          South Asian Network
          SSG/Pals for Health
          Strategic Alliance for Healthy Food and Activity Environments
          Street Level Health Project
          United Taxi Workers of San Diego
          Vision y Compromiso
          Young Invincibles

           ARGUMENTS IN SUPPORT  :    The supporting organizations stress the  
          need to make sure that California does not go backwards from the  
          progress it has made in combating the obesity epidemic.  More  
          than half of adults and teens in the state are either overweight  
          or obese.  Supporters also note that the foods available in  
          employee cafeterias, vending machines, and work-sponsored events  
          frequently determine what people eat throughout the day.  They  
          also note that today, in addition to the existing requirements  

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          on vending machines in state buildings, 15 cities and counties  
          in California have adopted nutritional standards for vending  
          machines on government property.  They believe that California  
          should continue to be a leader in creating healthy food  
          environments. 

          MW:e  4/29/14   Senate Floor Analyses 

                           SUPPORT/OPPOSITION:  SEE ABOVE

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