BILL ANALYSIS                                                                                                                                                                                                    



                                                                       


           ------------------------------------------------------------ 
          |SENATE RULES COMMITTEE            |                    SB 19|
          |Office of Senate Floor Analyses   |                         |
          |1020 N Street, Suite 524          |                         |
          |(916) 445-6614         Fax: (916) |                         |
          |327-4478                          |                         |
           ------------------------------------------------------------ 
           
                                         
                                      VETO


          Bill No:  SB 19
          Author:   Escutia (D), et al
          Amended:  9/10/01
          Vote:     21

           
           SENATE HEALTH & HUMAN SERV. COMMITTEE  :  7-1, 3/21/01
          AYES:  Ortiz, Chesbro, Escutia, Figueroa, Kuehl, Romero,  
            Vincent
          NOES:  Haynes

           SENATE EDUCATION COMMITTEE  :  10-2, 4/26/01
          AYES:  Vasconcellos, Alarcon, Alpert, Chesbro, Karnette,  
            O'Connell, Ortiz, Scott, Sher, Vincent
          NOES:  Knight, Monteith

           SENATE APPROPRIATIONS COMMITTEE  :  7-4, 5/31/01
          AYES:  Alpert, Bowen, Escutia, Karnette, Murray, Perata,  
            Speier
          NOES:  Johannessen, Johnson, McPherson, Poochigian

           SENATE FLOOR  :  25-13, 9/13/01
          AYES:  Alarcon, Alpert, Battin, Bowen, Burton, Chesbro,  
            Costa, Dunn, Escutia, Figueroa, Karnette, Kuehl, Murray,  
            O'Connell, Ortiz, Peace, Perata, Polanco, Romero, Scott,  
            Sher, Soto, Speier, Vasconcellos, Vincent
          NOES:  Ackerman, Brulte, Haynes, Johannessen, Knight,  
            Machado, Margett, McClintock, McPherson, Monteith,  
            Morrow, Oller, Poochigian

           ASSEMBLY FLOOR :  44-25, 9/12/01 - See last page for vote


           SUBJECT  :    Pupil health
                                                           CONTINUED





                                                                 SB 19
                                                                Page  
          2


           SOURCE  :     Center for Public Health Advocacy


           DIGEST  :    This bill requires the reimbursement a school  
          receives for free and reduced-price meals sold or served to  
          pupils in elementary or middle schools to be increased to  
          $0.23.  Establishes various limitations and prohibitions on  
          the sale of beverages and foods to pupils in elementary and  
          middle schools.  Requires the Department of Education (SDE)  
          to establish a pilot program in which not less than 10 high  
          schools, middle schools, or any combination thereof,  
          voluntarily adopt the provisions of this bill.  Permits a  
          school district maintaining at least one elementary school  
          or middle school, or high school that is participating in  
          the pilot program established by this bill, to convene a  
          Child Nutrition and Physical Activity Advisory Committee.

           Assembly amendments  make various changes including:

          1. Authorize rather than require schools to post a summary  
             of nutrition and physical activity laws and regulations.

          2. Lower the appropriation from $11 million to $5.5  
             million.

          3. Establish a three-year pilot program for at least 10  
             high schools and middle schools to voluntarily adopt  
             specified standards.

          4. Revise nutritional requirements.

          5. Lower the reimbursement an elementary or middle school  
             receives for free and reduced-price meals from $0.26 to  
             $0.23.

          6. Require elementary and middle schools to receive a  
             reimbursement of $0.10 for meals sold at full price.

           ANALYSIS  :    This bill:

          1. Requires the reimbursement a school receives for free  
             and reduced-price meals sold or served to pupils in  
             elementary or middle schools to be increased to $0.23. 







                                                                 SB 19
                                                                Page  
          3


          2. Requires each elementary and middle school to receive a  
             reimbursement of $0.10 for meals sold at full price. 

          3. Requires a school to follow the United States Department  
             of Agriculture's Enhanced Food Based Meal Pattern, the  
             United States Department of Agriculture's Nutrient  
             Standard Meal Planning, California's SHAPE Menu  
             Patterns, or the USDA Traditional Meal Pattern in order  
             to qualify for the increased reimbursement for free and  
             reduced-price meals and for the reimbursement for meals  
             sold at full price. 

          4. Requires the sale of all foods on school grounds at  
             elementary schools and middle schools, and in those  
             schools participating in the pilot program created  
             pursuant to this bill, to be approved by the person or  
             persons responsible for implementing these provisions as  
             designated by the school district, for compliance with  
             the nutrition standards specified by this bill. 

          5. Requires the only food that may be sold to pupils at  
             elementary schools during breakfast and lunch periods to  
             be sold as a full meal, which is defined as any  
             combination of food items that meet a USDA-approved meal  
             pattern.  Exempts the sale of fruits, nonfried  
             vegetables, legumes, beverages, dairy products, or grain  
             products from this requirement if they meet specified  
             requirements. 

          6. Requires individual food items sold to pupils at  
             elementary schools during morning and afternoon breaks  
             at elementary schools to meet the following standards: 

             A.   Not more than 35% of its total calories from fat;  
               Exempts the sale of nuts or seeds from this  
               requirement.

             B.   Not more than 10% of its total calories from  
               saturated fat.

             C.   Not more than 35 of its total weight composed of  
               sugar.  Exempts the sale of fruits and vegetables from  
               this provision.







                                                                 SB 19
                                                                Page  
          4


          1. Limits the types of beverages that may be sold to pupils  
             at an elementary school to water, milk, and 100% fruit  
             juices or fruit-based drinks that are composed of no  
             less than 50% fruit juice and that have no added  
             sweeteners regardless of the time of day. 

          2. Prohibits, in middle schools, carbonated beverages from  
             being sold to pupils from one-half hour before the start  
             of the schoolday until after the end of the last lunch  
             period. 

          3. Permits an elementary school to permit the sale of food  
             items that do not comply the provisions of this bill as  
             part of a school fundraising event in any of the  
             following circumstances: 

             A.   By pupils of the school if the sale of those items  
               takes place off of school premises.

             B.   By pupils of the school if the sale of those items  
               take place at least one-half hour after the end of the  
               schoolday. 

          1. Requires specified provisions of this bill to become  
             operative on January 1, 2004 if funding is approved in  
             the Budget Act 2003 for the purposes of increased  
             reimbursement pursuant to this bill. 

          2. Permits a middle school to participate in the pilot  
             program established by this bill. 

          3. Permits a school district maintaining at least one  
             elementary school or middle school, or high school that  
             is participating in the pilot program established by  
             this bill, to convene a Child Nutrition and Physical  
             Activity Advisory Committee to develop and recommend to  
             the governing board of the school district for its  
             adoption, school district policies on nutrition and  
             physical activity. 

          4. Requires the Committee to hold at least one public  
             hearing, in developing the policies on nutrition and  
             physical activity.  Requires the policies on nutrition  







                                                                 SB 19
                                                                Page  
          5

             and physical activity to address specified issues and  
             goals, including increasing the availability of organic  
             fruits and vegetables and school gardens. 

          5. Permits a school district maintaining at least one  
             elementary or middle school to apply to SDE for a grant  
             to offset the costs of developing and adopting policies  
             pursuant to this bill.  Requires these grants to be  
             one-time grants and available to applicant school  
             districts by March 1, 2002. 

          6. Requires a participating school district to receive a  
             grant of no less than $4,000, and no more than $25,000,  
             depending upon the size of the school district, for the  
             purpose of offsetting the costs of developing the school  
             district nutrition and physical activity policies. 

          7. Requires SDE to provide to provide technical support and  
             assistance to school districts in implementing #13  
             above.  Requires the technical support and assistance to  
             include, but need not be limited to, highlighting model  
             nutrition programs, disseminating information to assist  
             in the financial management of the food service programs  
             and for pupil activities that encourage healthy eating  
             habits among pupils, and providing information regarding  
             the current best practices in school child nutrition  
             programs. 

          8. Requires SDE to establish a three-year pilot program in  
             which not less than 10 high schools, middle schools, or  
             any combination thereof, voluntarily adopt the  
             provisions of this bill. 

          9. Requires a school district participating in the pilot  
             program to comply with specified requirements including  
             prohibiting entree items and side dish serving sizes  
             from being larger than the portions of those foods  
             served as part of the federal school meal program. 

          10.Requires, annually, the Superintendent of Public  
             Instruction to randomly select not less than 10% of the  
             school districts of the state to report compliance with  
             this bill.  Requires the group selected to be sufficient  
             to provide a statistically random and accurate sampling  







                                                                 SB 19
                                                                Page  
          6

             of the state as a whole.

          11.Requires SDE to monitor the implementation of this bill  
             and to report to the Legislature by January 1, 2005. 

          12.Appropriates $5.5 million from the General Fund to SDE  
             for the purposes of this bill. 

           Comments  

          According to the author, the percentage of overweight  
          children and youth in the U.S. has doubled in the past 30  
          years, 91% of children ages 6 to 11 are not eating the  
          recommended amounts of fruits and vegetables.  Many experts  
          believe this is due, at least in part, to an increased  
          consumption of convenience foods.  The author argues that  
          overweight and obese children are at a higher risk than  
          other children for long-term health problems including  
          diabetes, hypertension, cardiovascular disease, high blood  
          pressure, gallbladder disease, asthma and certain cancers.   
          The link between good nutrition and student achievement is  
          clear: children who eat poorly tend to have high rates of  
          sickness and absence from school, low energy, low test  
          scores and difficulty concentrating.  The author argues  
          that this bill encourages students to adopt healthy eating  
          habits and supports them in this endeavor at school by  
          guaranteeing nutritious options for meals and snacks. 

           Prior legislation  

          SB 1320 (Escutia) of 2000 contained similar provisions to  
          this bill including the establishment of a Child Nutrition  
          and Physical Activity Advisory Committee and prohibitions  
          relating to the sale of foods and beverages at schools.  SB  
          1320 was amended to focus on students with diabetes and  
          included a provision requiring every school to permit any  
          pupil with diabetes to test his or her blood glucose levels  
          either in classrooms or very close to classrooms.  SB 1320  
          was vetoed by the Governor.  The Governor's veto message  
          stated that currently, the governing boards of local  
          educational agencies have a clear statutory responsibility  
          to give diligent care to the health and physical  
          development of pupils and have the authority to determine  
          their staffing needs consistent with fulfilling this  







                                                                 SB 19
                                                                Page  
          7

          obligation. School health staffing needs are determined at  
          the local level based on local priorities and should remain  
          so.

           FISCAL EFFECT  :    Appropriation:  Yes   Fiscal Com.:  Yes    
          Local:  Yes

          According to Assembly Appropriations, this bill  
          appropriates $5.5 million from the General Fund to SDE.

           SUPPORT :   (Verified  6/4/01) (unable to re-verify at time  
          of writing)

          Center for Public Health Advocacy (source)
          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
          American Heart Association
          African Americans Building a Legacy of Health Project 
          California Conference of Local Health Department  
          Nutritionists
          California Dietetic Association
          California Federation of Teachers
          California Nutrition Council
          California PTA
          California Public Health Association - North
          California State University, Los Angeles, Nutrition Science  
          Program
          California Teachers Association
          Center for Science in the Public Interest
          Child Nutrition Advisory Committee, Berkeley Unified School  
          District
          Children's Hospital Los Angeles
          Children's Hospital Los Angeles Pediatric Dental Clinic
          Community Health Councils, Inc.
          Congress of California Seniors
          Dental Health Foundation
          Diabetes Coalition of California







                                                                 SB 19
                                                                Page  
          8

          Federation of State, County and Municipal Employees
          Imperial Valley Food Bank
          Imperial Valley Health Department
          Junior Leagues of California State Public Affairs Committee
          Kaiser Permanente
          Prevention Institute
          Project Harmony
          Project LEAN, Gold Coast Region (Santa Barbara)
          Public Health Institute
          Public Health Foundation WIC Program
          Samuels and Associates
          Scripps Green Hospital, Food and Nutrition Services
          Sharp Center for Health Promotion
          Southern California Public Health Association
          Strategic Alliance to Prevent Childhood Obesity
          University of Southern California Mobile Dental Clinic
          Western Growers Association
          Numerous individuals

           OPPOSITION  :    (Verified  6/4/01) (unable to re-verify at  
          time of this writing)

          California Nevada Soft Drink Association
          Grocery Manufacturers of America
          Hershey Foods Corporation
          California Distributors Association
          Snack Food Association
          Jelly Belly Candy Company
          Dairy Institute
          One individual

           ARGUMENTS IN SUPPORT  :    According to the sponsors of this  
          bill, the California Center for Public Health Advocacy  
          (CCPHA), throughout California, as many as 1/3 of students  
          are overweight.  Poor nutrition and physical inactivity are  
          responsible for 28% of preventable deaths in the U.S.   
          CCPHA argues that schools are part of the problem because  
          there are no standards for foods sold a la carte, or in  
          vending machines.  According to the American Cancer Society  
          (ACS), a significant contribution to youth obesity comes  
          from the sale of unregulated foods and sodas at schools.   
          This bill is directed at improving the choice of foods  
          offered at schools as well as encouraging fruit and  
          vegetable consumption.  ACS adds that this bill will ensure  







                                                                 SB 19
                                                                Page  
          9

          that the eating habits promoted at our schools is  
          consistent with the nutrition education students receive in  
          the classroom.  According to the American Heart Association  
          (AHA), poor diet and physical inactivity contribute to an  
          estimated 35,000 deaths and $15 billion in excess of health  
          care costs every year in California.  AHA argues that this  
          bill takes long overdue and important steps to ensure that  
          the eating habits promoted through the sale of food and  
          beverages at our schools are aligned with nutrition  
          education students receive in the classroom.

           ARGUMENTS IN OPPOSITION  :    This bill was amended after  
          these positions were received.  It is unclear to what  
          extent recent amendments have addressed these concerns.

          The Jelly Belly Candy Company argues that candy is only a  
          small percentage of calories consumed by children and all  
          food can be eaten in moderation.  Nutrition education and  
          the need for physical activity should instead by fully  
          addressed.  The Dairy Institute argues that contrary to the  
          implications of this bill, child health and nutrition is a  
          concern for parents, school nutritionists and food  
          manufacturers.  As partners with families, local school  
          food service programs make positive efforts to both educate  
          and feed California's school children. 

          The California Association of Directors of Activities  
          (CADA), states that this bill provides no financial  
          compensation to the hundreds of student clubs,  
          organizations, publications, classes, activity programs,  
          athletics, or performance groups that now rely on monies  
          generated by the sale of food and beverages whether during  
          the school day, or immediately after school in student run  
          snack bars.  CADA adds that this bill does not address the  
          real problem of obesity or student activity.  The Grocery  
          Manufacturers of America argues that this bill will only  
          serve to limit choice and restrict the authority of local  
          schools and school districts to exercise discretion over  
          whether and under what conditions various food products  
          should be available in schools. 

           GOVERNOR'S VETO MESSAGE:
          
             "ITEM VETO DATE:    10/14/2001 







                                                                 SB 19
                                                                Page  
          10


             "I am signing Senate Bill 19, which will help to  
             significantly improve the nutrition and eating habits  
             of California's school children.  This bill  
             establishes, as of January 1, 2004, 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  
             during school breaks and through vending machines.   
             The bill also increases the reimbursement a school  
             receives for free and reduced-price meals and permits  
             schools districts to convene a Child Nutrition and  
             Physical Activity Advisory Committee.  The bill  
             appropriates $5.5 million for grants to local school  
             districts to implement the new nutrition standards  
             and for monitoring and technical assistance costs of  
             the State Department of Education. 

             "Childhood obesity has become an epidemic in the  
             United States and is a primary factor in type 2  
             diabetes and other long-term health problems.  While  
             poor diet and physician inactivity have been found to  
             adversely influence the ability to learn and decrease  
             motivation and attentiveness, healthy food has a  
             positive impact on academic achievement. 

             "While I am supportive of the new standards contained  
             in SB19, I am deleting the appropriation of $5.5  
             million in the bill because it is premature to  
             allocate General Fund without first exploring the use  
             of federal funds for this purpose.  California does  
             not currently use its full allotment of federal child  
             nutrition funding that may be available to assist  
             local districts in meeting the nutrition standards in  
             this bill.  Since the provisions of the bill are not  
             intended to be operative for anot her two years,  
             there is sufficient time to consider alternative  
             funding options without jeopardizing timely  
             implementation of the new standards."

           ASSEMBLY FLOOR  :
          AYES:  Alquist, Aroner, Calderon, Cardenas, Cardoza, Chan,  
            Chavez, Chu, Cohn, Corbett, Diaz, Dutra, Firebaugh,  
            Frommer, Goldberg, Havice, Jackson, Keeley, Kehoe,  







                                                                 SB 19
                                                                Page  
          11

            Koretz, Liu, Longville, Lowenthal, Maldonado, Migden,  
            Nakano, Negrete McLeod, Oropeza, Rod Pacheco, Pavley,  
            Reyes, Salinas, Shelley, Simitian, Steinberg,  
            Strom-Martin, Thomson, Washington, Wayne, Wesson,  
            Wiggins, Wright, Wyland, Hertzberg
          NOES:  Aanestad, Ashburn, Bates, Bogh, Briggs, Bill  
            Campbell, John Campbell, Cogdill, Correa, Cox, Daucher,  
            Dickerson, Florez, Harman, Hollingsworth, Kelley, La  
            Suer, Leonard, Leslie, Matthews, Mountjoy, Pescetti,  
            Runner, Strickland, Wyman


          CP:sl  1/16/02   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

                                ****  END  ****