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 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, 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
  post, in an area open to parents and guardians, a
weekly menu, as specified  . 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
 ,   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.
   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.  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 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). 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 facility 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 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  .
   (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  ,   or 
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 of 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.
   (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.