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

California Assembly Bill 1872 (Prior Session Legislation)

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

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

BILL NUMBER: AB 1872	AMENDED
	BILL TEXT

	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, as amended, 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 to adhere to certain nutrition standards in the provision of
meals and snacks  as a condition of licensure  .  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 comply with certain
requirements relating to the disclosure and review of weekly menus.
 The bill would require the department to take specified actions
with respect to noncompliance with these provisions. 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 information 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) Almost 50 percent of the approximately 50,000 licensed 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 providers
lack adequate information about this nutrition program.
   (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.
   (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 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. 3.   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)   (c) and (d)  , a family day care home shall
ensure  , as a condition of licensure,  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).   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.  
   (b) 
    (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
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) 
    (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. 
   (d) 
    (e)  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  
post, in an area open to parents and guardians, a weekly menu clearly
listing each food item for each meal and snack to be served by the
provider, including any substitutions. The weekly menus shall be
retained by the family day care home provider for no less than six
months, and shall be made available, upon request, for review by the
department or current or prospective parents or guardians of children
attending the   family day care home  . 
   (e) 
    (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.
Compliance shall be determined by examining the posted menu,
observing any meal or snack served during the monitoring visit, if
any, and, at the discretion of the department, by inquiry of the
provider or review o   f prior menus  . 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 
opportunities  . 
   (f) 
    (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 (e) shall supersede any other compliance
procedures required by this chapter or by any other law for the
duties imposed by this section.  
   (g) 
    (h)  The requirements imposed by this section are in
addition to, and are not intended to replace, the requirements
prescribed by Section 1596.808.