BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 19|
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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
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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.
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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.
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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
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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
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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
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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
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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
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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
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"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,
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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
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