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

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-Amended.html

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BILL NUMBER: AB 1872	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 28, 2012
	AMENDED IN ASSEMBLY  MARCH 20, 2012

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 amended, 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. 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 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.  A
violation of these requirements would subject a family day care home
to the above civil penalty. This bill would specify that a violation
of these requirements would not be subject to a criminal penalty.
  The bill would exempt a family day care home from
criminal and civil penalties for noncompliance with these provisions
and other provisions relating to noncompliance. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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  (CACFP)  , often because child
care providers lack adequate information about this nutrition
program. 
   (f) Child care centers and family day care homes may receive up to
$1,200 per child and $1,100 per child, respectively, in federal
CACFP reimbursements each year, but over 5,000 licensed child care
centers and 5,000 licensed family day care homes do not receive these
much needed reimbursements. A child care center serving 100 children
could receive over $100,000 per year in federal CACFP
reimbursements, and a family day care home serving five children
could receive over $5,000 per year in federal CACFP reimbursements
for serving nutritious meals. While over $200,000,000 in CACFP
funding was provided to California child care centers last year, and
over $100,000,000 in CACFP funding was provided to family day care
homes last year, tens of millions of dollars in CACFP reimbursements
would be provided if more child care centers and family day care
homes participated in the CACFP.  
   (f) 
    (g)  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   whether the licensee understands the nutrition
standards required by this section and the family day care home's
progress toward compliance  .
   (e) The department shall  determine   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.  In
addition to any action taken by the department with respect to
  If the department determines that  a family day
care  home's noncompliance   home is
noncompliant  with this section, the department shall recommend
to the family day care home relevant nutrition information and
 trainings   training  .
   (f) For the purposes of improving nutrition in family day care
homes  and child day care facilities generally  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.  These means may include, but are not limited to,
orientation materials, during regular inspections, and through
written communications to licensees. 
   (g)  Section   Sections 1596.56, 1596.62, and
 1596.890 shall not apply to this section.  The compliance
procedures described in subdivision (e) shall supersede any other
compliance procedures required by this chapter.