BILL ANALYSIS
SENATE HEALTH AND HUMAN SERVICES
COMMITTEE ANALYSIS
Senator Deborah V. Ortiz, Chair
BILL NO: SB 19
S
AUTHOR: Escutia
B
AMENDED: March 8, 2001
and as proposed to be amended in Committee
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HEARING DATE: March 21, 2001
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FISCAL: Education/Appropriations
CONSULTANT:
Margolis / ak
SUBJECT
Pupil Health: Obesity Prevention
SUMMARY
This bill establishes nutritional requirements for foods
sold at elementary, middle, and high schools, increases the
state reimbursement for school lunch program meals, creates
incentive grants for school districts to develop and adopt
policies on child nutrition and physical activity, requires
the Superintendent of Public Instruction to enforce the
provisions of the bill, and imposes other nutrition-related
requirements on schools.
ABSTRACT
Existing law:
1.Prohibits the sale of competitive foods in the school
food service area, as defined in federal law.
2.Requires the governing board of a school district to give
diligent care to the health and physical development of
pupils. (Education Code 49400)
3.Requires that 50% of the items, other than foods
reimbursed under federal law, offered for sale each
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schoolday at any schoolsite by any entity or organization
during regular school hours be selected from a prescribed
list of nutritious foods. (Education Code 38085)
4.Requires the Superintendent of Public Instruction to
reimburse school districts for certain costs associated
with free and reduced-price meals. (Education Code
49500-20)
5.Establishes a Child Nutrition Advisory Council, to
recommend plans and guidelines for school and childcare
meal service and nutrition education programs, and
requires the State Board of Education to appoint the
members of the council. (Education Code 49633)
This bill, as proposed to be amended:
1.Makes findings and declarations related to the
prevalence, severity, and prevention of childhood
obesity.
2.Requires the state to reimburse schools, which follow
specified meal patterns and the nutritional standards
proposed in the bill, for free and reduced-price meals at
twenty-six cents per meal, and thirteen cents per meal
sold at full-price.
3.Requires the sale of all foods in secondary schools to be
approved by the school food service programs and
prohibits the sale of foods by any entity other than food
service programs in elementary schools.
4.Requires schools to publicize a summary of nutrition and
physical activity laws, regulations, and district
policies, and requires the Department of Education and
school districts to develop the summaries.
5.Requires the Department of Education to provide a $10,000
grant to any school district which, by December 31, 2002,
develops and adopts a policy on nutrition and physical
activity. Requires that the district convene an advisory
committee to develop the policy and that the policy
address a variety of issues and goals that are described
in the bill.
6.Requires the Department of Education to design and
implement a financial incentive grant program to assist
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schools in implementing nutrition and physical activity
policies.
7.Requires the Superintendent of Public Instruction to
monitor schools every two years in order to supervise the
implementation of the bill, investigate alleged
noncompliance, and report noncompliance to the Attorney
General.
8.Establishes nutritional requirements for foods sold and
served outside of the school meal programs as follows:
a) No food may be sold by any entity other than the
school food service program during the schoolday at
elementary schools;
b) Prohibits during the schoolday, in both elementary
and secondary schools, the sale of soft drinks, sports
drinks, punches, iced teas, caffeinated drinks, and
fruit-based drinks containing less than 50% real fruit
juice or added sweeteners;
c) Requires snacks, sweets, and side dishes to have
30% or less of their total calories from fat, 10% or
less of their total calories from saturated fat, and
35% or less by weight from sugar (excluding fruits and
vegetables);
d) Requires snacks, sweets and side dishes to be
limited to portion sizes specified in the bill, and
entr?e sizes to be equivalent to those served by the
school meal program; and
e) Requires the sale of fruits and vegetables at any
location where competitive foods are sold at secondary
schools.
FISCAL IMPACT
Unknown. The author estimates a cost of $71,000,000 based
on the meal reimbursement requirements and $10,000 grants
to 1,000 school districts. The bill may result in
additional costs associated with the monitoring and
implementation requirements of the Superintendent of Public
Instruction.
BACKGROUND AND DISCUSSION
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Obesity epidemic:
Obesity has become an epidemic in the United States,
affecting one-third of all adults, 27% of children, and 21%
of adolescents. Research indicates a two-fold increase in
the youth obesity rate over the past two decades.
Overweight youth face increased risks for many serious
health problems that do not commonly occur during
childhood, including hypercholesterolemia and type 2
diabetes. These are compounded by discrimination,
psychological stress, poor body image, and low self-esteem.
More than 80% of obese adolescents remain obese as adults,
with even more severe consequences, including higher risks
of heart disease and cancer.
Supporters of this bill argue that the combination of
insufficient physical activity and "competitive foods" on
school campuses, due to their limited nutritional value and
high levels of calories from sugar, fat and saturated fat,
are contributing to this problem. Recently published
research shows an association between the consumption of
sugar-sweetened drinks and obesity. Nutrition experts
explain that sugar-sweetened drinks contribute
significantly to caloric intake, without contributing to
nutrient intake, nor diminishing the overall quantity of
food consumed. The National Soft Drink Association
criticized the research, arguing that the racial make-up,
age, and size of the population studied make the results
unreliable.
Support and opposition agree that the prevention of
childhood obesity must take many different forms including
breast-feeding, watching less television, eating healthy,
low-fat foods at home, and exercising more, both in and
outside of schools. Several bills have been introduced
this year addressing various aspects of American life which
contribute to obesity. This bill's author believes that
schools play a particularly significant role in this issue
because not only do children eat many of their meals at
school, but also because schools set an example for
children, conveying the values and priorities of the state.
Impact on scholastic achievement:
Research supports the assertion that healthy eating and
physical activity play an important role in learning and
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cognitive development. Poor diet and physical inactivity
have been found to adversely influence the ability to learn
and decrease motivation and attentiveness. Such findings
indicate that young people will not be ready to learn and
achieve their full potential unless they are well-nourished
and healthy.
Reimbursable Meal Program:
The United States Department of Agriculture (USDA)
regulates the nutrient content of meals sold under its
reimbursable meal program based on:
The Recommended Daily Allowances (RDA);
Children's energy expenditure; and
Dietary Guidelines for Americans.
Specifically, the standards are based on meals, rather than
individual food items, and require that the meals:
Limit total fat to 30% of calories, and saturated fat to
10%;
Meet 1/3 of the RDA for protein, iron, Calcium, vitamin A
and vitamin C; and
Provide a variety of foods moderate in sugar and salt and
high in fruits, vegetables, and whole grains.
Competitive foods:
Similar standards do not exist for foods sold outside of
the USDA meal programs. Many schools sell and serve
"competitive foods," foods that compete with the
reimbursable meals, and are often higher in added sugar,
sodium, and fat. The education code includes one
requirement for competitive foods, stating that:
"Fifty percent of all food items offered for sale each
school day at any site by any organization or entity
during regular school hours shall be selected from the
specified list of nutritious foods. Food items
reimbursed under the National School Lunch Act or
Child Nutrition Act are not included in the fifty
percent calculation."
A study conducted by the American School Food Service
Association revealed that the prevalence of competitive
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foods is on the rise with the largest increase seen in
elementary schools. The increase in vending machines, fast
food, candy sales, and high fat/sugar snack items on school
campuses has contributed significantly to overall school
food sales. In a study conducted by the Public Health
Institute, 95% of responding California school districts
reported selling fast foods on their campuses. Among
districts that sell competitive foods, 88% reported using
profits to support food service operations. Others said
the profits pay for extracurricular activities, athletics,
and educational programs. Furthermore, it has been
reported that schools are commonly out of compliance with
existing laws and regulations, and that enforcement is
inadequate.
Many attribute the increase in sales of competitive foods
to the on-going financial struggles of school food service
programs. California Food Policy Advocates notes that
state funding for school meals has eroded 25% over the past
fifteen years to $68 million. The federal government
spends $1.6 billion (96%) on meals for California's school
children. The California Food Service Association
expressed concern that the bill does provide sufficient
increases in state reimbursements for meals, and believe
that adequate funding for the reimbursable meal program
would eliminate the need for nutrition standards on
competitive ("a la carte") foods. They state that a
reimbursement of $1.25 per meal would be adequate.
Proposed nutrition standards:
The author explains that the nutrition standards proposed
in the bill were developed by a panel, convened at her
request, of "nationally-esteemed nutrition experts" in the
fields of nutrition, medicine, and school food services,
including individuals who work for the: federal Centers
for Disease Control and Prevention, United States
Department of Agriculture, University of Minnesota,
California Departments of Education and Health Services,
School Food Services Association, California Dietetic
Association, San Diego State University, and Children's
Hospital of Los Angeles. The author convened this group
after finding no equivalent set of standards or
recommendations available. The federal standards used for
the school meal programs are based on the composition of
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meals, rather than individual food items, and on creating a
balanced diet over an entire week; since competitive foods
are sold individually, these standards are difficult to
apply.
Other states:
Several other states regulate and restrict the sale of
competitive foods in public schools in varying ways and
degrees. Some examples follow:
Florida: No competitive foods in elementary schools. No
competitive foods in secondary schools until one hour after
the last lunch period.
Maine: No competitive food sales on campus at any time.
New York, New Jersey, & Maryland: No foods of minimal
nutritional value anywhere on campus from the beginning of
school to the end of the last meal period.
West Virginia: No foods of minimal nutritional value in
elementary schools. The sale of foods of minimal
nutritional value may be approved for high schools at times
other than meal periods, but must meet nutritional
criteria, such as no foods containing 40 percent or more
sugar by weight.
Opposition:
Opponents of the bill argue that specific nutritional
standards should be set by schools or districts at the
local level, allowing for local input, and recognizing the
constant evolution of products. Hershey Foods Corporation
also argues that the bill's nutritional standards exceed
federal USDA standards, and "appear to be established
arbitrarily." They state that the bill fails to take into
account the nutrient value of certain foods that the USDA
has already recognized. Finally, they argue that it is
misguided to apply fat and sugar limits to individual
foods, as compared to the total diet over time, thereby
eliminating certain foods which, in moderation, can be part
of a healthy diet.
The California Nevada Soft Drink Association argues that
the bill proposes impractical policies such as restricting
some beverages (e.g. soft drinks), but not others (e.g.
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water), which might be sold together in the same vending
machine. The Association wonders how a school would be
able to turn off only part of a vending machine.
Opposition expressed the belief that current federal and
state laws are sufficient, and comment that the beverage
industry is "consumer responsive" in nature.
Related Legislation:
SB 292 (Ortiz) - This bill seeks to provide financial
incentives to communities to develop additional
opportunities for physical activity for children, outside
of the schoolday.
SB 665 (Peace) - This bill would ban the sale of "junk
food," as defined, from all schools. (To be heard in the
Committee on April 18, 2001.)
SB 1077 (Battin) - This bill would authorize parent teacher
organizations to sell nutritious foods (as defined by the
Education Code 38085) at schools no more than two days per
month, requiring that all income generated benefits the
school or a pupil organization.
AB 287 (Wesson) - This bill would require the membership of
the Child Nutrition Advisory Council, which is appointed by
the State Board of Education, to include two individuals
who are specialists in physical fitness for children.
AB 367 (Migden) - This bill seeks to increase compliance
and enforcement of existing physical education
requirements, and would require school districts to provide
parents a copy of their child's physical fitness test
results.
AB 801 (Salinas) - This bill would authorize the Secretary
of Food and Agriculture to promote increased purchases of
California-grown produce by institutions via incentives,
including additional funding for schools for this purpose.
AB 893 (Campbell) - This bill would exempt snack foods,
including those sold through vending machines, from tax.
Prior Legislation:
SB 1320 (Escutia, 2000) - This bill, as introduced,
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contained similar provisions to SB 19, increased physical
education requirements, and proposed new policies related
to pupils with diabetes. The Senate Education Committee
amended it to include only the provisions related to
diabetes, which was vetoed by the Governor, and referred
the nutrition and physical education provisions of the bill
to an informational hearing, which took place on January
31, 2001.
Comment:
The author has agreed to develop language to be amended
into the bill to: 1) allow schools to phase in the
requirements of the bill over a 2-3 year period; and 2) to
provide clearer definitions of "entr?e" and "side dish."
POSITIONS
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Support: Center for Public Health Advocacy (sponsor)
American Federation of State, County and
Municipal Employees
California Adolescent Nutrition and Fitness
Program
California Association for Health, Physical
Education,
Recreation and Dance
California Food Policy Advocates
California School Employees Association
California WIC Association
Children's Advocacy Institute
SmithKline Beecham
Oppose: California School Food Service Association
California Nevada Soft Drink Association
Grocery Manufacturers of America
Hershey Foods Corporation
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