HomeMy WebLinkAboutMINUTES - 05112004 - SD2 TO: BOARD OF SUPERVISORS
CONTRA
FROM: William B. Walker, MD, Health Services Directorr
COSTA7
, COUNTY
DATE: May 11, 2004 �A`:�°"�
SUBJECT: Support SB 1566 (Escutia)— School Nutrition Standards
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) &BACKGROUND AND JUSTIFICATION
RECOMMENDATION(S):
1. SUPPORT SB 1566 (Escutia)which would provide standards for all competitive foods and beverages sold
on California school campuses K-12. Healthier foods on campus would help curb the obesity epidemic.
2. CONTACT the Contra Costa County legislative delegation concerning the Board's support of SB 1566.
BACKGROUND/REASON(S) FOR RECOMMENDATION(S):
Contra Costa is facing unprecedented rates of childhood obesity. Over One third of the County's children are
overweight or at risk of overweight, and almost 75% are considered unfit. Among low-income children, the
County rate of obesity (40%) is higher than the State average (37%). Because overweight children are likely to
remain overweight as adults, they are also more likely to develop heart disease, cancer, and stroke later in life.
Our Health Services Department is starting to see the costly consequences of this epidemic. Very young patients
are being diagnosed with Type II Diabetes, a condition associated with overweight that used to occur only in
adults. In 2003, obesity-related diseases cost California $24.6 billion. Preventing obesity needs to be a top
priority for our County and for California. SB 1566 is a step in the right direction.
SB 1566 would end the sale of unhealthful foods and beverages in schools. The bill would establish
comprehensive nutrition standards for all foods and beverages sold on all California school campuses, K-12. It
would further ensure the implementation of these standards with no added budget expenditure. The Public
Health Division's Food and Nutrition Project will provide technical assistance to schools to help them
implement this law if passed.
CONTINUED ON ATTACHMENT: XX YES SIGNATURE: Vf✓ 'G/�Ali
RECOMMENDATION OF COUNTY ADMINISTRATOR—RECOMMENDATION OF BOARD COMMITTEE
_i, WPROVE OTHER
SIGNATURE(S): `''4, v
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ACTION OF BOARD N APPROVED AS RECOMMENDED OTHER
.v
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
UNANIMOUS(ABSENT Norte } TRUE AND CORRECT COPY OF AN
AYES:1, II, IV, V NOES: ACTION TAKEN AND ENTERED
ABSENT: ABSTAIN: III ON MINUTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN.
Contact:Luz Gomez Pardini,313-6217,597 Center,#125,Martinez ATTESTED 11 200+
��' ,
cc: CAO JOHN SWEETEN,CLERK OF
Community Development Dept. THE BOARD OF SUPERVISORS
State Lobbyist D COUNTY ADMINIST A�'OR .
Public Health,597 Center.#200,Martinez
Deputy f <
BACKCROUNDIREASON S FOR RECOMMENDATION cont'd :
The health of Contra Costa students is currently undermined by the sale of unhealthy food and beverage options
on campus. {offering Healthier options on campus would help address the obesity epidemic. As stated by the
California Center for Public Health Advocacy, "children learn not only from what we TELL them, but also from.
what we SELL them."
Summary of key nutrition standards in SB 1566 that would apply to all food sold in schools:
a) Not more than 35% of a food's total calories shall be from fat. This does not apply to sale of nuts or
seeds.
b) Not more than 10% of a food's total calories shall be from saturated fat.
c) Not more than 35% of a food's total weight shall be composed of sugar. This does not apply to the sale
of fruits or vegetables.
Beverages can be sold if they consist of:
a) Drinking water
b) 100% milk, including, but not limited to, chocolate milk, soy milk, rice milk, and other similar dairy or
nondairy milk.
c) 100% fruit juices
d) Fruit-based drinks that are composed of no less than 50%fruit juice and have no added sweeteners.
SB 1566 Senate Bill -AMENDED Page 1 of 4
BILI: NUMBER: SB 2566 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 3, 2004
AMENDED IN SENATE MARCH 22, 2004
INTRODUCED BY Senators Escutia and Alarcon.
FEBRUARY 19, 2304
An act to amend Sections 49430, 49431, 49431.5, and 49433.7 of,
and to Gadd Section. 4943 .7 to, the Education Code, relating to
schools°
t.,EGIST—ATIVE COUNSEL'S DIGEST
SB 1566, as amended, Escutia, schools: food and beverage
nutrition. standards.
.Existing law restricts the sale of certain beverages and food
iters at elementary, middle, or junior high schools, with certain
exceptions. Existing law makes the restrictions on the sale of food
items at elementary schools operative if funding is appropriated for
specified nutrition purposes.
This kill would place similar restrictions on the sale of certain
beverages and food items at high schools.
The bill would delete the funding contingency applicable to
elementary schools.
"3e bill would, in addition, revise and recast provisions relating
to the sale of beverages and food items at elementary, middle, or
junior high schools and make other conforming changes.
By imposing additional duties on school distracts, this bill would
impose a state-.mandated local program.
The .mill would .make these provisions operative commencincs with the
2005-06 school year.
Existing law requires the Superintendent of Public Instruction to
reimburse school districts for certain costs associated with free and
reduced price meals. Existing lava requires the State Departanent of
.education to establish a pilot program in which 10 high schools,
middle schools or any combination thereof, adopt specified food sale
requirements.
This bill would specify that middle schools participating in that
pilot program are eligible for the reimbursement.
The California Constitution requires the state to reimburse local
aaencies and school districts for certain costs mandated by the
state. :statutory provisions establish procedures for making that
re_t17bursesment-, including the Creation of a State tlandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures .for claims whose statewide costs exceed
$1,000,000.
This bill would provide that, if the Commission on State Y"andates
determines that the .bill contains casts :undated by the state,
reimbursement for those costs shall be made pursuant to these
statutory- provisions.
Vote: majority. Appropriation: no. Fiscal Comsittee: ves.
State--mandated local program: -a. yes
THE PEOPLE OF THE STAVE OF CALIFORNIA FSO ENACT AS FOLLOWS:
http:11www.leginfo,ca.gov/pub/bi111senisb_1551-1600/sb_1566_bili_20040503 amended sen.... 514104
SB 1506 Senate Bill -AMENDED Page 2 of 4
SECTION I. section 49430 of the Education code is amended to read:
49430. As used in this article, the following terns have the
follow-4-g meard_ngP;:.
(a) "Elementary school" means a public school that maintains any
grade `rom kindergarten to grade 6, inclusive, but no grade higher
than grade 6.
('o) "Middle or junior high school" means any public school that
maintains grade 7 or 8, i to 9, inclusive, or 7 to -0, i C L251Ve.
(c) "High school" means any public school maintaining any of
Grades 10 to 12, inclusive.
(d) "Full meal" means any combination of food ;.terns that meet a
USDA-approved meal pattern.
(e) "Added sweetener" means any auditive other than 1-003 percent
fruit juice that enhances the sweetness of a beverage.
SEC. 2. section. 49431 of the Education Code is amended to read:
49431.. (a) . A, 6-- commencing with the 2005-06
school year, at each elementary school, the sale of all foods
and beverages on school grounds shall be approved for compliance with
the :nutrition standards in this section by the person or persons
responsible for implementing these provisions as designated by the
school district.
(b) (1) At each elementary school, the only food that may be sold
to a pupil during breakfast and lunch periods is food that is sold as
a full meal. This paragraph does not prohibit the sale of fruit,
nonfried vegetables, legumes, or beverages as individual food items
during breakfast or lunch periods if they meet the requirements set
forth in. this subdivision.
(2) An. individual food item sold to a pupil during morning or
afternoon breaks at an elementary school shall meet all of the
oliowina standards:
(A) Not more than 35 percent of its total calories shall be from
fat. This subparagraph does not apply to the sale of nuts or seeds.
(E) ',Tot more than 1-0 percent of its total calories shall be from
saturated fat.
(C) Not more than 35 percent of its total weight shall be composed
of sugar. This subparagraph does not apply to the sale of fruits or
vegetables.
(c) Only the following beverages nay be sold to a pupil at an
elementary school:
;1) Drinking water.
,2} 100 percent milk, including, but not limited to, chocolate
milk, soy milk, rice :silk, and other: similar dairy or nondairy milk.
(3) 10u percent fruit juices.
(4) Fruit-based drinks that are composed of no less than 50
percent fruit juice and have no added sweeteners.
(d) An elementary school may permit the sale of food items or
beverages that do not comply with subdivision (b) or (c) as part of a
school fundraising evert in any of the following circumstances:
(1) The items are sold by pupils of the school and the sale of
those items takes place off of school premises.
(2) The items are sold by pupils of the school and the sale of
those items takes place at least ore-half hour after the end of the
sch oolday.
(e) Notwithstanding Article 3 (commencing with Section 33050) of
Chapter 1 of Part 20, compliance with this section may not be waived.
SEC. 3. Section 49431.5 of the Education code is amended to read:
http:/'/,'www.leginfo.ca.gov/pub/billt'Sen/sb—1 514/04
SB 1566 Senate Bill «AMENDED Page 3 of 4
49431.5. (a) -A - Conmencing with the
2005-05 school year, at each middle or ,uni or high school, the
sale of all foods and beverages on school grounds shall be approved
for compliance with the nutrition standards in this section by the
person or persons restonsibie for implementing these provisions as
designated by the school district.
(b) An 1ndavid=.gal food item sold to a pupil in a .riddle or junior
Haigh school shall meet all of the following standards:
(I), Not more than 35 percent of its total calories shall be from
fat. This paragraph does
now apply to :he sale of nuts or seeds.
(2) Not more than 10 percent of its total calories shall be from
saturated fat.
(3) Not more than 35 percent of .its total weight shall be co�tposed
of sugar. This paragraph
does not apply to the sale of fruits or vegetables.
(c) From one-half hour before the start of the schoolday to
one-half hour after the end of the schoolday, only the following
beverages may be sold to a pupil at a ?piddle or junior high school:
{1) Drinking water.
(2) 100 percent rai'lk, including, but not limited to, chocolate
milk, soy milk, rice milk, and other similar dairy or nondairy milk.
(3) Fruit-based drinks that are composed of no less than 50
percent fruit lnice and have no added sweeteners.
(4) An electrolyte replacement beverage that contains no more than
42 grams of added sweetener per 23-ounce serving.
(d) A riddle or junior high school may permit the sale of food
items or beverages that do not comply with subdivision (b) or (c) as
part of a school fundraising event if the sale of those items meets
all of the following criteria:
,1) the sale occurs during a school.-sponsored event and takes
place at the location of that event after the end of the schoolday.
(2 Vending machines, pupil stores, and cafeterias are not used
for the sale prior to one-half hour after the end of the schoolday.
(e) Notwithstanding Article 3 (co=.encing with Section 33050) of
Chapter l of Part 20, compliance with this section may not be waived.
SEC. 4. Section. 49431.7 is added to the Education, Code, to read:
49431.7. fa) -Aw- Commencing with the
2005-076 school year, at each high school, the sale of all foods
and beverages on school grounds shall be approved for compliance
with the nutrition standards in this section by the person or persons
responsible for implementing these provisions as designated by the
school district.
(b) An individual food item sold to a pupil in high school shall
meet all of the following standards:
('l) Not more than 35 percent of its total calories shall be from
fat. This paragraph does
not apply to the sale of ruts or seeds.
(2) Not more than 10 percent of its total calories shall be from
saturated fat.
(3) Not more than 35 percent of its total weight shall be composed
cf sugar. This paragraph
does not apply to the sale of fruits or vegetables.
(c) From one -half hour before the start of the school-day to
one-half hour after the end, of the schoolday, only the following
beverages may be sold to a pupil at a high school:
k->
Drink n_a water.
{2; 100 percent milk, including, but not limited to, chocolate
milk, soy :Wilk, rice milk, and other similar dairy or nondairy milk.
bttp: /vi-4A,w.leginfo.ea.gov,tpub/bill/sen/sb_1 51-1 00/sb_1566 bill_20040503_amended sen..,. 514/04
SB 1566 Senate Bill -AMENDED Page 4 of 4
(3) Bruit-rased drinks that are composed of no less than 50
percent fruit juice and have no added sweeteners.
(4) An electrolyte replacement beverage that contains no more than
42 grams of added sweetener per 20-ounce serving.
(d) A high school way Permit the sale of fond items or beverages
that do not comply with subdivision (b) or (c) as part of a school
fundraising event if the sale of those items greets all of the
following criteria:
(1) The sale occurs during a school.-sponsored event and takes
place at the location of that evert after the end of the schoolday.
(2) vending machines, pupil stores, and cafeterias ares not used
for the sale prior to one-half hour after the end of the schoolday.
(e) Notwithstanding Article 3 (commencing with Section 33050) of
Chapter 1 of Part 20, compliance with this section may not be waived.
SDC. 5. Section 49433.7 of the Education Code is amended to read;
49433.7. The State Department of Education shall establish a
three--year pilot program in which a total of not less than 20 high
schools, middle schools, or any combination thereof, that apply are
selected to participate. .Although the selection process shall be
random, the selection process shall be weighted so that the pilot
program contains participants that, as a group, are representative of
the geographic diversity of the state. The pilot program shall
commence in the fall of the 2002-03 school year. Participating
districts will be eligible to receive a grant pursuant to subdivision
(c) of Section 49433 and an increased reimbursement rate for free
and reduced price meals served at participating middle and high
schools as set forth in Section 49430.5.
SEC. 6. Notwithstanding Section 17610 of the Government Code, if
the commission on State Mandates determines that this act contains
costs mandated by the state, reimbursement to .local agencies and
school districts for those costs shall be made pursuant to Pari: 7
(commencing with Section 17500) of division 4 of Title 2 of the
Government Code. if the statewide cost of the claim for
reimbursement does not exceed one mi