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  JULY 5, 2012
	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   , at minimum, to provide
meals and snacks that, in amount and component, meet  certain
nutrition standards  in the provision of meals and snacks
 . 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  post, in an
area open to parents and guardians, a weekly menu  
keep daily menus, available for parents and guardians to see, of all
meals and snacks served  , as specified. The bill would require
the department to take specified actions with respect to
noncompliance with these provisions, 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 that any meals and snacks
provided by the family day care home include  , at a
minimum,  provide  the amount of food and the components
 in any meals and snacks served  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.  
   (e) Family day care homes shall keep daily menus, available for
parents and guardians to see, of all meals and snacks served. This
requirement shall be interpreted in a manner consistent with the menu
records requirement of the CACFP. 
   (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.  If the
department determines that a family day care home is noncompliant
with this section,  based on examining the posted menu or
observing any meal or snack served during the monitoring visit, 
the department shall  recommend to   direct
 the family day care home  to  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.