BILL ANALYSIS
SB 677
Page 1
Date of Hearing: July 1, 2003
ASSEMBLY COMMITTEE ON HEALTH
Dario Frommer, Chair
SB 677 (Ortiz) - As Amended: May 5, 2003
SENATE VOTE : 22-15
SUBJECT : Schools: pupil nutrition: carbonated beverages.
SUMMARY : Expands existing restrictions on the sale of carbonated
beverages in schools by expanding restrictions on the types of
beverages allowed to be sold in elementary and middle schools to
junior high and high schools and by eliminating, as a condition
for implementation of the restrictions, a requirement that funds
be appropriated for certain programs. Specifically, this bill :
1)Postpones the effective date of the restrictions in elementary
schools from January 1, 2004 to September 1, 2005.
2)Deletes the restrictions applicable to middle schools, which
includes a requirement that vending machines containing
carbonated beverages remain locked or be rendered inoperable
until after the end of the last lunch period.
3)Restricts the sale of beverages to pupils on campus in middle,
junior high, and high schools by allowing only certain
beverages to be sold from one-half hour before the start of
the schoolday until one-half hour after the end of the
schoolday. Specifically, the restrictions:
a) Permit the sale of drinking water, milk (including, but
not limited to, chocolate milk, soy milk, rice milk, and
other similar dairy or nondairy milk), fruit-based drinks
that are composed of no less than 50 percent fruit juice
and that have no added sweeteners, and electrolyte
replacement beverages;
b) Exclude fruit-based drinks from the list of those
beverages permitted on campus if the sale involves a
beverage that exceeds 12 ounces per serving; and
c) Take effect September 1, 2005 for middle and junior high
schools and September 1, 2006 for high schools.
SB 677
Page 2
4)Revises an existing law provision making the beverage ban and
other restrictions relating to the sale of food on campus
contingent on specified appropriations by excluding the
beverage ban, at all schools, from the contingency.
5)Defines "added sweetener" as any additive that enhances the
sweetness of a beverage, including added sugar, but excluding
the natural sugar or sugars contained within the fruit juice
which is a component of a beverage.
6)Makes various findings and declarations relating to childhood
obesity.
EXISTING LAW :
1)Provides, effective January 1, 2004 specific reimbursements to
schools for meals served or sold to pupils if a school follows
specified nutritional standards.
2)Contains various restrictions on the sale of food and
beverages in schools, effective January 1, 2004, if funds are
appropriated before that date. The restrictions:
a) Limit the sale of food sold to elementary school
students during breakfast and lunch periods to food sold as
a full meal, with specified exemptions including fruit and
nonfried vegetables;
b) Require an individual food item sold to elementary
school students during morning or afternoon breaks to meet
specific nutritional standards relating to fat and sugar
content;
c) Limit the sale of beverages sold to students in
elementary school students at any time of day to water,
milk, 100 percent fruit juices, or specified fruit-based
drinks;
d) Prohibit the sale of carbonated beverages to middle
school students one-half hour before the start of the
schoolday until after the end of the last lunch period; and
e) Do not apply to food sold at a school fundraiser, as
specified.
SB 677
Page 3
3)Requires the Department of Education (CDE) to develop a
summary of state law and regulations pertaining to nutrition
and physical activity and permits posting of the summary by
schools. Requires schools to post the school district's
nutrition and physcial activity policies in public view within
all school cafeterias or other central eating areas.
4)Requires CDE to establish a three-year pilot program, with at
least 10 schools, and requires participating school districts
to restrict sales of foods and beverages as specified. Makes
grant money available from CDE to assist school districts in
establishing nutritional programs.
5)Conditions the above provisions on the appropriation of
specified funds by January 1, 2004.
FISCAL EFFECT : None
COMMENTS :
1)PURPOSE OF THIS BILL . The author states the bill addresses the
epidemic proportions of overweight students in California by
restricting the sale of carbonated beverages on school
campuses and encouraging the sale of healthy beverages.
2)BACKGROUND . According to the California Center for Public
Health Advocacy (CCPHA), childhood overweight and inactivity
has reached an all-time high in California. CCPHA found
statewide that 26.5 percent of children are overweight and
39.6 percent are unfit. In order to address the issue, CCPHA
has made a number of recommendations to increase physical
activity mandates in schools and improve the nutritional
standards of food sold to students on school campuses. CCPHA
suggests that part of the solution is to limit the amount of
soft drinks available to all students.
A study published in The Lancet in 2001 found a direct
correlation between the consumption of sugar-sweetened drinks
and childhood obesity. The study indicates that per capita
soft-drink consumption increased 500 percent over the past
fifty years, and points a 100 percent increase in childhood
obesity in the U.S. between 1980 and 1994. Soft drinks,
according to the study, constitute the leading source of added
sugars in the diet of adolescent boys and girls (57.7 grams
SB 677
Page 4
daily for boys, 36.2 grams daily for girls). The same study
finds a child's odds of becoming obese significantly rise with
each additional serving of a sugar-sweetened drink.
Childhood obesity leads to a number of health problems,
including high blood pressure, high blood lipids, asthma,
sleep apnea, chronic hypoxemia (too little oxygen in the
blood), early malnutrition, and orthopedic problems, and Type
2 diabetes, costing California about $14.2 billion annually,
according to CCPHA. According to an article published in the
Journal of the American Medical Association indicates 92
percent of children diagnosed with Type 2 Diabetes are
characterized as obese.
3)PRIOR LEGISLATION . Current law, which establishes nutritional
standards for food sold to students, restricts the sale of
carbonated beverages on school campuses, and creates the three
year pilot program was enacted by SB 19 (Escutia), Chapter
913, Statutes of 2001. The application of nutritional
standards created by SB 19 is contingent upon a funding
increase in the school lunch program.
SB 56 (Escutia), Chapter 361, Statutes of 2002 expanded the
three year pilot program by making school districts that
participate in the program eligible for additional funding for
their school lunch programs, provided they adopt a ban on the
sale of carbonated beverages and comply with certain
standards.
SB 1520 (Ortiz) of 2002 was substantially similar to the
current measure. It failed passage in the Senate Education
Committee.
4)SUPPORT . The American Academy of Pediatrics (AAP) contends
the prevalence of foods and beverages of minimal nutritional
value, including carbonated beverages, are primary
contributors to the growing epidemic of childhood obesity.
The AAP suggests that the restriction on soft drinks on
campuses would help children make more nutritional choices.
Supporters of the bill point out the disconnection between the
nutrition lessons taught in the classroom and the food that is
being sold to students on campus. In addition, the California
Dental Association (CDA) suggests a link between excessive
soft drink consumption and high prevalence of dental erosion.
CDA identifies tooth decay as the most chronic childhood
disease.
SB 677
Page 5
The Prevention Institute (PI) argues that the bill makes an
important contribution to children's health by helping to
establish schools as models for positive behaviors. PI notes
that the bill does not prevent students from bringing sodas to
school but ensures that the school's credibility in teaching
good nutrition is not undermined by the promotion of unhealthy
products. PI also provided the committee with data from a
variety of sources which suggests that in some individual
schools or districts where policies have been changed to
promote the sale of healthy foods, schools have maintained (or
in some instances enhanced) their revenues. Examples cited
include Aptos Middle School in San Francisco and Galt High
School in Galt.
5)OPPOSITION . The California Nevada Soft Drink Association
(CNSDA) asserts that decisions to provide soft drinks should
be left at the local level, where school districts sign
contracts with distributors based on parental, student and
educator input. CNSDA also states that in addition to
providing carbonated beverages, distributors offer a variety
of beverage options, including healthy choices such as juices
and bottled water. In addition, CNSDA shares the concern with
overall child health issues, but states that the solution
should address the overall underlying causes of obesity,
including inactivity and lifestyle choices, and not by simply
focusing on soft drinks as the singular solution.
The California School Food Service Association (CSFSA) suggests
there are already laws and local school district policies that
restrict the sale of foods in competition with school meal
programs. CSFSA supports the enforcement of such competitive
food sales regulations.
Finally, there is some concern about the loss of revenue
associated with the elimination of soft drink sales on
campuses. The California Association of Directors of
Activities (CADA) state that the measure would eliminate up to
90 percent of their fundraising, further affecting the ability
of schools to offer student activities, athletics, special
programs and social activities.
6)DOUBLE REFERRAL . This bill has also been referred to the
Education Committee.
SB 677
Page 6
REGISTERED SUPPORT / OPPOSITION :
Support
American Academy of Pediatricians
American Heart Association
California Assembly on School-Based Health Care
California Association for Health, Physical Education,
Recreation and Dance
California Center for Public Health Advocacy
California Dental Association
California Dietetic Association
California Federation of Teachers
California Food Policy Advocates
California Medical Association
California Nurses Association
California State PTA
California Teachers Association
California WIC Association
Clinical Health Appraisals, Inc.
Community Health Councils
Consumers Union
Contra Costa Child Care Council
Del Norte Community Health Center
Diabetes Coalition of California
East Los Angeles Health Task Force
Gray Panthers
Kaiser Permanente
Prevention Institute
San Diego WIC Dietetic Internship
Santa Barbara County Kids Network
Strategic Alliance for Healthy Food and Activity Environments
Student Nutrition Organization of San Diego State University
Switch Beverage Company
Tehama County Public Health Advisory Board
University of California Cooperative Extension, Kern County
Opposition
California Association of Directors of Activities
California Automatic Vendor's Council
California Chamber of Commerce
California Nevada Soft Drink Association
California School Food Service Association
Grocery Manufacturers of America
SB 677
Page 7
Mexican American Grocers Association
Saddleback Valley Unified School District
San Diego Unified School District
Analysis Prepared by : Clara Craven / HEALTH / (916) 319-2097