Bill Text: CA AB1872 | 2011-2012 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Introduced.html

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BILL NUMBER: AB 1872	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Alejo

                        FEBRUARY 22, 2012

   An act to add Section 1597.50 to the Health and Safety Code,
relating to family day care homes.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1872, as introduced, Alejo. Family day care homes: 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. Willful or repeated
violation of these provisions is a misdemeanor.
   This bill would require, except as provided, a family day care
home to adhere to certain nutrition standards in the provision of
meals and snacks. The bill would require the department to take
specified actions with respect to noncompliance with these
provisions, and would require the department to disseminate certain
information to prospective and current providers. By expanding the
definition of a crime, this bill would impose a state-mandated local
program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  The Legislature finds and declares all of the
following:
   (a) Nearly 25 percent of children between two and five years of
age in California are overweight or obese and at risk of developing
chronic diseases that contribute to escalating health costs.
   (b) Research demonstrates that taste preferences and lifelong
nutrition habits are formed in early childhood years.
   (c) The recent changes to improve school nutrition should be
complemented with changes to the nutritional environment in child
care facilities.
   (d) Research demonstrates that the nutritional environment in
child care facilities could be improved by encouraging appropriate
portion size and a healthy balance of dairy, fruits and vegetables,
whole grains, and proteins.
   (e) More than 50 percent of the nearly 50,000 licensed child care
centers and licensed family day care homes in California, which serve
more than 500,000 children, do not participate in the federal Child
and Adult Care Food Program, often because child care providers lack
adequate information about this nutrition program.
   (f) The State of California has a strong policy and financial
interest in the licensed child care system and in the health and
safety of children while they are engaged in that system.
  SEC. 2.  Section 1597.50 is added to the Health and Safety Code, to
read:
   1597.50.  (a) Except as provided in subdivisions (b) and (c), a
family day care home shall ensure that any meals and snacks provided
by the family day care home include, at a minimum, the amount of food
and the components that are specified by the United States
Department of Agriculture Child and Adult Care Food Program (CACFP);
(7 C.F.R. 226.20)
   (b) 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 facility shall
be exempt from complying with the requirements of subdivision (a), to
the extent necessary to meet the medical needs of that child.
   (c) 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.
   (d) Family day care homes shall, on an annual basis, self-certify
to the department compliance with the provisions of this section.
   (e) The department shall determine compliance with this section
only during regularly scheduled, authorized monitoring inspections,
and shall not be required to conduct separate and independent visits.
In addition to any action taken by the department with respect to a
family day care home's noncompliance with this section, the
department shall recommend to the family day care home relevant
nutrition information and trainings.
   (f) For the purposes of improving nutrition in family day care
homes and increasing providers' capacity to serve healthy foods, the
department shall inform prospective and current providers about the
CACFP 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.
  SEC. 3.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.