Legislature(2003 - 2004)
02/11/2004 03:20 PM House L&C
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HB 80-PROHIBIT SOFT DRINKS IN SCHOOL CHAIR ANDERSON announced that the next order of business would be HOUSE BILL NO. 80, "An Act prohibiting sales of certain soft drinks in public schools." Number 1990 REPRESENTATIVE MARY KAPSNER, Alaska State Legislature, sponsor of HB 80, explained that she prefers to characterize this bill as requiring schools to substitute sodas and carbonated beverages with more healthful drinks. Noting that she'd come up with the idea herself, she expressed concern for the rising epidemic of obesity across the nation, particularly pediatric or childhood obesity. Emphasizing the desire to refocus the system so it is a health care system and not a "disease care" system, she remarked, "I feel that school should be a place of learning and habit formation. And especially while kids are in school, we should be promoting healthy habits and healthy nutrition." REPRESENTATIVE KAPSNER reported that she'd attended a conference in Portland this past summer. She mentioned a call to action by the surgeon general on overweight and obesity, saying two-thirds of women are overweight or obese in the nation. She said: That overweight and obesity is not just a concern of those struggling to lose a few pounds or a lot of pounds; it is really ... the next burgeoning, major public health concern. For adults, obesity has doubled in the last 20 years. And for adolescents, it's tripled in the last 20 years. Again, this is across all ethnic groups and ages. REPRESENTATIVE KAPSNER said it was pointed out that for obese kids, their quality of life is equivalent to the quality of life kids face who are fighting cancer and under chemotherapy. Furthermore, in the last year $117 billion was spent by the federal government for obesity-related diseases, including indirect costs such as loss of wages and future earnings lost. Representative Kapsner asked, "When you compare that to the $87 billion that people were outraged that we are spending on the war in Iraq, and the outcry that that brought forth, where is the corresponding outcry for the cost of obesity and overweight- related diseases?" Number 1840 REPRESENTATIVE KAPSNER acknowledged that soda isn't the only factor in obesity. She told members: My hope is that this will just be one segment of a host of bills that we can put forward that would address health issues. ... A lot of people are concerned, not only about soda in vending machines, but also unhealthy snack food in vending machines and also school districts having a rotating menu of fast- food carriers coming in throughout the week. That's one of the examples that Juneau-Douglas High School has: every day of the week they have a different fast-food industry preparing their meal. I understand that this is primarily a family and parent and community responsibility, but I think that it's important that we get the discussion going, and this was a good starting point for me. REPRESENTATIVE KAPSNER addressed concern about eliminating revenue from vending machines. Noting that Oakland, California, has mandated that schools substitute more healthful foods in vending machines, she remarked, "They have actually made more money for their school's discretionary funding." She pointed out that soda industries also [bottle] water and juices. Number 1733 REPRESENTATIVE GATTO asked: If a family doesn't want to take on the job, aren't they just transferring it to the school? Number two, we have drugs in schools, alcohol in schools, we have guns on school property, and we have bullying in schools, and all kinds of rules. It seems like we are overwhelmed with things that we have to do in schools to protect the kids. This seems like just one more way for government to have a control in schools that I would just as soon be up to the principal and the parents in that school, rather than people that are sitting in Juneau. Am I wrong? Number 1686 REPRESENTATIVE KAPSNER agreed those are valid points. Highlighting $177 billion, however, she remarked, "As public policymakers we're not engaged in the prevention aspect as much as I think we could be. I am a ... federal taxpayer, and I shudder at the thought that we are losing $117 billion every year, and it's going to get worse." She cited an example of going to a fourth- and fifth-grade classroom where the children were very large. Speaking of the teacher of that classroom, she remarked: She said that the kids are getting bigger and bigger every year. She said that she promotes healthy choices. She talks a blue streak about making healthy choices, but ... a lot of times it's the parents who are not hearing that. I think that, in the vein of prevention, we should have the discussion. REPRESENTATIVE GATTO noted that HB 80 prohibits the sale of soft drinks, but not the consumption; thus students can bring soft drinks to school. REPRESENTATIVE KAPSNER said: I wasn't interested in making soda pop contraband. Like you say, we have guns and drugs and alcohol and a lot of other things that are contraband. I just felt that for schools to be generating a lot of revenue, and in some cases ... -- the other thing that I wanted to prevent, ... in some states, school districts are so hard up for money that they are engaging in contracts with fast-food industries, and ... at one point in Colorado, teachers were issued a mandate from their administrator saying, "You cannot let kids bring in sodas from home, and you have to let them drink sodas in class, because we have to make our quota, we have to meet our ... contractual obligations to sell 'x' amount of whatever." So this was a preventative step in that regard, too. ... I didn't want Alaska to get to that point. Number 1571 REPRESENTATIVE CRAWFORD, cosponsor, expressed strong support for the bill. He shared personal experiences from his foster parenting of dealing with dental issues because of the sugar content of sodas. REPRESENTATIVE KAPSNER talked about the cost to Alaska for dental problems of school-aged children caused by soda pop. REPRESENTATIVE LYNN, cosponsor, said he thinks mixed messages are being sent to school children when health classes teach good nutrition but schools don't support this teaching because they have vending machines. He said when children come to school, the school is acting "in loco parentis" and needs to support health. He added that he doesn't think sports programs should be funded by bringing in unhealthful food and drinks to the schools. Number 1381 STEVE CLEARY, Executive Director, Alaska Public Interest Research Group (AkPIRG), testified: I was following this bill last year, when, I believe, it didn't get a committee hearing. So when I saw it come back up again this year, I was excited to see that there are bipartisan cosponsors and an effort to get it going in the House. I'm really excited about it. I did see a couple of good additions in there, talking about food items that derive more than 35 percent of their calories from fat - so addressing some of the concerns about having other things than soda that are unhealthy as well, ... encompassed in this bill. I think what Representative Lynn was just getting to was exactly the point that I was going to make. ... You learn in class how to eat healthy, how to consume healthy products, and then ... kids are bombarded with advertisements with soda machines, some of whom are, pretty soon, going to start talking to us, playing music and enticing them to be unhealthy. We need to give them as much of a leg up as we can in the early parts of their lives when they are forming their habits. So, I'm excited to see this bill moving, and I urge your support for it. Number 1282 MARIE LAVIGNE, Executive Director, Alaska Public Health Association, said she represents over 200 members across Alaska who are committed to sound health policy and improving the public's health. She said the bill requests an important public health strategy that uses both policy and environmental change to improve health outcomes for children. It directs schools and their vendors to offer healthful and nutritious beverages and food selections in lieu of sugar- or caffeine-filled soda and junk food. These are important components in public health strategies underway to address childhood obesity, oral health, and sound nutrition. MS. LAVIGNE noted that also of concern is that teenagers are consuming a large portion of their daily calories and nutrition from soda and junk foods. She reported, "Our pediatricians report many teens experience calcium and iron deficiencies, as well as concerns with excessive calories and weight gain. Our dentists show concerns for the oral health of children, one of the largest consumers of soda in recent history." She asked that children be allowed to make the healthiest choices, while allowing schools to continue to generate revenue from vendor sales. She remarked, "We applaud Representative Kapsner for bringing this bill forth and for continuing the public dialog on this issue." MS. LAVIGNE pointed out that schools are often used by sports teams, especially in rural communities, later in the evenings than 5 p.m. Removing the time of day would allow vendors to stock healthier products for all of its sales, she suggested. She closed by saying: Please keep in mind that our schools provide the total learning environment for developing and practicing lifelong behaviors. Healthy schools, defined as those that support good nutrition and physical activity, are part of the total learning environment that produce healthy students. Ensuring that healthy snacks and foods are provided in vending machines, in school stores, and other venues within the school's control helps to reach this goal. Schools nationwide that have made these changes offer very exciting success stories, demonstrating that students will buy and will consume healthy foods and beverages when those options are tasty, easily accessible, and priced right. House Bill 80 is a step in the right direction. Number 1153 REPRESENTATIVE GATTO asked Ms. Lavigne whether she has spent much time in the schools and, if so, had noticed if any vending machines there sold fruit juice and water. MS. LAVIGNE replied that there were some fruit-juice blends and water, and that the machines were generating a lot of money. She also said some schools have chosen, on their own, to look at making policy changes. She remarked, "Certainly, school boards may choose to make policy decisions. Every time they make a contract with their vendor, they can activate some of those choices already. What this does is looks at a comprehensive change across all schools in Alaska." Number 1085 JULIAN NAYLOR, M.D., Alaskan Diabetes Consultant, Alaska Native Medical Center, testified: I travel around the state of Alaska helping treat Alaska Native people who are suffering from diabetes, who are at risk for diabetes and also suffering from obesity. I would like to lend my support to House Bill 80. As somebody who is on ... the front line with Alaska Native people, helping with these chronic disease problems, I see the effects of the growing problem with obesity in our children and our adolescents. I am frequently asked to consult on young people who are battling health problems [that have] ... to do with obesity. One of the first questions I ask them is, "How much soda pop are you drinking?" Especially in the rural areas of Alaska, it is amazing how much soda kids can take in one day. This is a huge source of empty calories, and it's driving, I believe, in part, the obesity epidemic that we are seeing in our young children and our teenagers. In Alaskan Native people, the rates of diabetes are going up tremendously. We actually, in Indian country, have the highest rate of increase of diabetes of any of the Indian nations around the country, and it's of great concern to us. And there's no question, it links into obesity, and when obesity starts at a young age, it leads to obesity as an adult and increases the incidence of diabetes. I really believe ... [in] decreasing the soda pop consumption. ... Several studies ... have shown that this does impact, positively, weight gain in young people. Within our rural communities, there have been several schools that have taken the initiative to remove the soda from the school. I am presently in Kotzebue ... doing an annual diabetes clinic. Kotzebue is one of the towns that have made their high school a soda pop- free environment. Their machines here now have milk, juice, and water as the beverage choices. I can't say this for sure, but I know from what I've heard since I've been in town that there's not been a lot of grumbling from the kids, and they are very eager to pick other choices out of the machine instead. I would very heartily encourage the committee to consider [HB] 80. I think we need to pay attention to the health of our young people in Alaska, and this is one very positive step forward ... in this battle against obesity. Number 0939 REPRESENTATIVE KAPSNER added, "This really isn't just an Alaska Native issue or an Indian country issue. The school that I visited was actually in Juneau. And there weren't very many Native kids in the class. This is a national epidemic." Number 0913 JENNIFER APP, Alaska Advocacy Director, American Heart Association, noted that much of her planned testimony had already been given by others. She stated: We know that our children are getting heavier. We know that in Alaska our children are getting heavier quicker than the national average, unfortunately. We also know that there are a multitude of causes behind this. A decrease in physical education is a big one, but a corresponding one is an increase in consumption of fatty and sugary foods, and higher calories every day. The statistics are really pretty amazing. Young Americans have increased their annual soft-drink consumption from 27 to 44 gallons between the '70s and the '90s. And further, they are eating about 400 more calories a day than they did just in the mid-'80s. And they don't make up for it with additional exercise. The combination of these two things really has an impact. There's a direct correlation between what we put in our bodies and how heavy we weigh. Number 0809 MS. APP continued: This also corresponds with, from the '70s to the present, the placement of vending machines in schools. I don't think that there's probably a person among us, either testifying or listening to the testimony today, that can recall that, as a young kid, we had vending machines. I'm 32, and I know I didn't have vending machines as a child. This is a new phenomenon. You can track vending machine placement with the rise in obesity. We have, in essence, surrounded our children with bad choices and unhealthy choices. I think that this bill is a good step forward in terms of looking at what very simple choices we can make in offering healthier choices. There's one other statistic I'd like to share with you. About 60 percent of overweight children have at least one high-risk factor for heart disease by age 10. This is high cholesterol or high blood pressure. This is amazing. ... We have children at age 10 who are obese who are demonstrating that they are good candidates to have heart disease. I can't tell you how disturbing this is to the American Heart Association, and to see that this trend nationwide and in Alaska is getting worse and worse. This bill is a good step in the right direction. Number 0769 REPRESENTATIVE GATTO asked if Ms. App would have any objection to diet pop. MS. APP responded that her interpretation of the bill was that it would allow diet pop, which isn't necessarily a healthful option but does have a lower calorie content. She said it does contain aspartame and other carcinogens with serious side effects. Number 0536 SHELLEY McLAUGHLIN-TRUE, Dental Hygienist, Haines, testified: I work in private practice here, one week a month, and work for Indian Health Services in Haines for the rest of the month, year-round. I just wanted to lend my support to this bill. I hear a lot about diet and obesity and the diabetes problem. I'm here to tell you that the dental aspect of this is just as important. Not a week goes by that I don't see one child, probably more, totally "blown out." It's a very distinctive decay, right at the gum line. They come in and it's ... neglect, it's lack of education. The place for education is in the school. And I really do believe that these machines don't have a place in the school. We should be consistent with the message that we are giving. I don't think that this is a problem that is in one socioeconomic group only. I see it with very wealthy kids and I see it in the villages, all over the place. It's a very important issue. Dental hygienists have been fighting this in the schools, ... trying to get these machines out of the schools. And unless there is something that says they can't be there, we lose because those machines make lots of money. They support sports; they support drama classes; they support trips out of town, and those trips out of town are very important to the schools. I think they need to find another way to do it. I want to lend my support for this bill. I wish it were a lot stricter than what it is. ... One million dollars in Alaska that is spent on Medicare is a drop in the bucket. That does not count the charity dental work that is given away, and it does not count, I don't think, the Indian Health Services. You can't believe the amount of money that is put into children's mouths in this state. Number 0380 CHAIR ANDERSON announced that public testimony would be kept open and that HB 80 would be held over.
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