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 ****