Bill Text: CA AB1872 | 2011-2012 | Regular Session | Enrolled
Bill Title: Child day care facilities: nutrition.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Vetoed) 2012-09-27 - Consideration of Governor's veto pending. [AB1872 Detail]
Download: California-2011-AB1872-Enrolled.html
BILL NUMBER: AB 1872 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 28, 2012
PASSED THE ASSEMBLY AUGUST 29, 2012
AMENDED IN SENATE AUGUST 22, 2012
AMENDED IN SENATE AUGUST 21, 2012
AMENDED IN SENATE JULY 5, 2012
AMENDED IN SENATE JUNE 19, 2012
AMENDED IN ASSEMBLY MAY 25, 2012
AMENDED IN ASSEMBLY APRIL 12, 2012
AMENDED IN ASSEMBLY MARCH 28, 2012
AMENDED IN ASSEMBLY MARCH 20, 2012
INTRODUCED BY Assembly Member Alejo
FEBRUARY 22, 2012
An act to add Sections 1596.812 and 1597.50 to the Health and
Safety Code, relating to child day care facilities.
LEGISLATIVE COUNSEL'S DIGEST
AB 1872, Alejo. Child day care facilities: nutrition.
Existing law, the California Child Day Care Facilities Act,
administered by the State Department of Social Services, provides for
the licensure and regulation of child day care facilities, defined
to include, among others, family day care homes. Under existing law,
the department may assess a civil penalty of no more than $50 per
day, with exceptions, for violations of the act relating to family
day care homes. Willful or repeated violation of these provisions is
a misdemeanor.
This bill would require, except as provided, a family day care
home, at a minimum, to provide meals and snacks that, in amount and
component, meet certain nutrition standards. The bill would require
the department to explain these nutritional requirements on its
Internet Web site, in appropriate department outreach materials, and
during the orientation of prospective family day care home providers,
and would authorize the department to send updated nutritional
standard information to providers through a provider bulletin or
other similar instruction. The bill would require a family day care
home to keep daily menus, available for parents and guardians to see,
of all meals and snacks served, as specified. The bill would require
the department to take specified actions with respect to
noncompliance with these provisions, and would exempt a family day
care home from all other procedures that would otherwise govern
noncompliance with these provisions.
The bill would require the department to inform prospective and
current child day care providers about the above-described nutrition
requirements by posting certain information on the department's
Internet Web site, and by disseminating information by other means
deemed appropriate by the department.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1596.812 is added to the Health and Safety
Code, to read:
1596.812. For the purposes of improving nutrition in child day
care facilities, as defined in Section 1596.750, and increasing
providers' capacity to serve healthy foods, the department shall
inform prospective and current providers about the United States
Department of Agriculture Child and Adult Care Food Program (CACFP)
(7 C.F.R. 226.20) by posting information relating to eligibility,
enrollment, and reimbursement on the department's Internet Web site,
and by disseminating information by other means deemed appropriate by
the department. These means may include, but are not limited to,
orientation materials, during regular inspections, and through
written communications to licensees.
SEC. 2. Section 1597.50 is added to the Health and Safety Code, to
read:
1597.50. (a) Except as provided in subdivisions (c) and (d), a
family day care home shall, at a minimum, provide the amount of food
and the components in any meals and snacks served that are specified
by the United States Department of Agriculture Child and Adult Care
Food Program (CACFP) (7 C.F.R. 226.20). The department shall explain
these nutritional requirements on its Internet Web site, in
appropriate department outreach materials, and during the orientation
of prospective family day care home providers.
(b) If the CACFP is amended to include new nutritional standards,
the department may inform providers of these updated standards by
provider bulletin or other similar instruction.
(c) If a child has a medical necessity, documented in writing by a
medical provider, that includes the need for "medical food" as
defined by Section 109971, a licensed family day care home shall be
exempt from complying with the requirements of subdivision (a), to
the extent necessary to meet the medical needs of that child.
(d) This section shall not apply to meals or snacks provided by a
parent or legal guardian for his or her child at a family day care
home.
(e) Family day care homes shall keep daily menus, available for
parents and guardians to see, of all meals and snacks served.
(f) The department shall review the status of compliance with this
section only during regularly scheduled, authorized monitoring
inspections, and shall not be required to conduct separate and
independent visits based solely on complaints regarding compliance
with the CACFP nutritional standards. If the department determines
that a family day care home is noncompliant with this section, based
on examining the daily menu or observing any meal or snack served
during the monitoring visit, the department shall direct the family
day care home to relevant nutrition information and training
opportunities.
(g) Article 5 (commencing with Section 1596.89) of Chapter 3.4,
and the provisions relating to civil penalties that are imposed by
Sections 1597.56, 1597.58, and 1597.62 shall not apply to this
section. The compliance procedures described in subdivision (f) shall
supersede any other compliance procedures required by this chapter
or by any other law for the duties imposed by this section.
(h) The requirements imposed by this section are in addition to,
and are not intended to replace, the requirements prescribed by
Section 1596.808.
