Bill Text: CA AB627 | 2009-2010 | Regular Session | Introduced

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

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Bill Title: Child care: nutritional requirements.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Vetoed) 2010-01-14 - Consideration of Governor's veto stricken from file. [AB627 Detail]

Download: California-2009-AB627-Introduced.html

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BILL NUMBER: AB 627	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Brownley

                        FEBRUARY 25, 2009

   An act to add Section 49546.5 to the Education Code, and to add
Section 1596.804 to the Health and Safety Code, relating to child
nutrition.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 627, as introduced, Brownley. Child care: nutritional
requirements.
   (1) Under existing law, the California Child Day Care Facilities
Act, the State Department of Social Services licenses and regulates
child day care facilities, as defined. A willful or repeated
violation of these provisions is a misdemeanor.
   This bill would require, as a condition of licensure, that the
child day care facility meet specified health and nutrition-related
requirements. By changing the definition of a crime, the bill would
create a state-mandated local program.
   (2) Under existing law, the State Department of Education
administers the child care food program pursuant to federal law,
under which food is provided to child development programs and
alternative child care programs, as defined.
   This bill would, to the extent allowed by federal law, require
entities that receive state reimbursement for meals served pursuant
to the child care food program to meet specified health and nutrition
criteria, including the above-described requirements of the bill.
   (3) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  The Legislature finds and declares all of the
following:
   (a) Almost 20 percent of children between two years of age and
five years of age in California are overweight or obese, and research
shows that the condition is difficult to reverse at adolescence or
in adulthood.
   (b) Research demonstrates that taste preferences and lifelong
healthy habits are formed in early childhood years.
   (c) Recent changes to school meals to improve nutrition need to be
complimented with changes to the nutrition environment in child
care.
   (d) Recent research demonstrates that the nutrition environment in
child care could be improved by encouraging low-fat dairy products,
fresh fruits and vegetables, and whole grain products.
   (e) The State of California has a strong policy and financial
involvement in the licensed child care system and in the health and
safety of children while they are engaged in that system.
  SEC. 2.  Section 49546.5 is added to the Education Code, to read:
   49546.5.  To the extent allowed by federal law, as a condition of
receipt of state reimbursement for meals served pursuant to this
article, participating entities shall do all of the following:
   (a) Comply with the health requirements set forth in Section
1596.804 of the Health and Safety Code.
   (b) Limit the serving of fried potatoes to one time per week.
   (c) Limit the serving of sweet grains, including, but not limited
to, toaster pastries, cookies, coffee cake, sweet rolls, doughnuts,
or cakes, to no more than two times per week, and only as snacks.
   (d) Serve at least one whole grain per day.
   (e) Limit serving hot dogs, SPAM, luncheon meats, and other
processed meat products to a maximum of three times per week.
   (f) Not serve sugar-sweetened or artificially sweetened beverages.

  SEC. 3.  Section 1596.804 is added to the Health and Safety Code,
to read:
   1596.804.  As a condition of licensure, child day care facilities
shall comply with all of the following health requirements:
   (a) Only 2 percent milk shall be served to children over two years
of age.
   (b) Juice shall be limited to one serving per day, and only 100
percent juice shall be served.
   (c) At least one vegetable shall be served at lunch and supper.
   (d) Deep fat frying shall be prohibited onsite.
   (e) Sugar shall be limited to 6 grams per serving for both hot and
cold cereals.
   (f) For children in full day care, screen time, including, but not
limited to, television, video games, and computer usage, shall be
limited to a maximum of one hour per day and shall be limited to
educational programming or programs that encourage movement. For
children in less than full day care, screen time shall be reduced
proportionately.
  SEC. 4.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.