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  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  Section   Sections 1596.812
and  1597.50 to the Health and Safety Code, relating to 
family day care homes   child day care facilities 
.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1872, as amended, Alejo.  Family day care homes:
  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 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  . 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.
    The bill would require the department to inform prospective
and current child day care providers about the above-described
nutrition requirements by posting certain informa   tion on
the department's Internet Web site, and by disseminating information
by other means deemed appropriate by the department. 
   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
 day  care facilities.
   (d) Research demonstrates that the nutritional environment in
child  day  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   Almost  50 percent of
the  nearly   approximately  50,000
licensed  child   day  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) Day care centers may receive up to $1,260 per child in federal
CACFP reimbursements each year, but over 5,000 licensed day care
centers do not receive these much needed reimbursements. More
specifically, a day care center serving 50 children could receive
over $63,000 per year in federal CACFP reimbursements for serving
nutritious meals. While over $123,000,000 in federal CACFP funding
was provided to California day care centers in the 2010-11 fiscal
year, tens of millions of dollars more in federal CACFP
reimbursements would flow into California if more day care centers
participated in the program.  
   (g) Family day care homes may receive up to $1,062 per child in
federal CACFP reimbursements each year, but over 16,000 family day
care homes do not receive these much needed reimbursements. More
specifically, a family day care home serving five children could
receive over $5,310 per year in federal CACFP reimbursements for
participating in the program. While over $101,000,000 in CACFP
funding was provided to California family day care homes in the
2010-11 fiscal year, tens of millions of dollars more in federal
CACFP reimbursements would flow into California if more family day
care homes participated in the program.  
   (g) 
    (h)  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 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.   SEC. 3.   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 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 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. If the department determines that a family day
care home is noncompliant with this section, the department shall
recommend to the family day care home relevant nutrition information
and 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) Sections 1596.56, 1596.62, and 1596.890 
    (f)     Article 5 (commencing with Section
1596.89) of Chapter 3.4, Sections 1597.56, 1597.58, and 1597.62 
shall not apply to this section. The compliance procedures described
in subdivision (e) shall supersede any other compliance procedures
required by this chapter  or by any other law   for the
duties imposed by this section  . 
   (g) The requirements imposed by this section are in addition to,
and are not intended to replace, the requirements prescribed by
Section 1596.808.