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

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-Amended.html

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BILL NUMBER: AB 627	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 24, 2009
	AMENDED IN ASSEMBLY  JUNE 1, 2009
	AMENDED IN ASSEMBLY  APRIL 13, 2009

INTRODUCED BY   Assembly Member Brownley
   (  Coauthor:   Assembly Member 
 Hall   Coauthors:   Assembly Members
  Blumenfield,   Hall,   and Portantino
 )

                        FEBRUARY 25, 2009

   An act to add  Section 49546.5 to   and
repeal Section 49546.5 of  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 amended, 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 that a licensed child day care facility
meet specified health and nutrition-related requirements. This bill
would exempt a child day care facility from these requirements, as
prescribed, for a child with a documented medical necessity that
prevents compliance. The bill would require compliance with these
provisions by a child day care facility by January 1, 2011, and would
provide that a facility shall annually self-certify compliance to
the department. It would provide that noncompliance shall not result
in civil or criminal penalties or penalties related to licensure.
   (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 require the Superintendent of Public Instruction
to establish an 18-month pilot program in which licensed child care
centers and child day care homes selected by the department that
participate in the federal Child and Adult Care Food Program shall
implement certain nutrition and physical activity standards in
exchange for a higher state meal reimbursement. This bill would
require the State Department of Education to design and implement the
pilot program, as specified. The bill would specify that its
provisions shall only be implemented if the Superintendent determines
that non-General Fund funding sources are available for that
purpose, as specified.
   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) 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
complemented 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
  lowfat  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.  (a) The Superintendent of Public Instruction shall
establish an 18-month pilot program in which licensed child care
centers and child day care homes selected by the department that
participate in the federal Child and Adult Care Food Program (42
U.S.C. Sec. 1766)  ,  shall implement certain nutrition and
physical activity standards in exchange for a higher state meal
reimbursement.
   (b) The department shall design and implement the pilot program
established pursuant to this section. The department may convene a
stakeholder group to provide advice on the design, implementation,
and evaluation of the pilot program.
   (c) The department shall contract with an independent agency to
evaluate the implementation and outcomes of the pilot program. The
evaluation shall be completed within one year of the conclusion of
the pilot program  and shall be sent to the Senate and Assembly
Committees on Education  . The evaluation shall include, at a
minimum, all of the following:
   (1) The health, nutrition, and other related outcomes of the pilot
program on children served in the participating child care centers
and child day care homes, the child care providers, and the parents.
   (2) The resulting changes in food and beverages provided, and
physical activity occurring, at the participating child care centers
and child day care homes.
   (3) The fiscal impact of the policies and standards developed at
participating child care centers and child day care homes.
   (4) Recommendations for improvements or additions to the pilot
program.
   (d) This section shall only be implemented if the Superintendent
determines that non-General Fund funding sources, including, but not
limited to, federal funding or grant sources, are available to
implement this section. If the Superintendent makes a determination
that non-General Fund funding sources are available, he or she
 shall file a declaration to that effect with the Senate and
Assembly Committees on Education.   shall post a
declaration to that effect on the   department's Internet
Web site.  
   (e) This section shall remain in effect only until January 1,
2015, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2015, deletes or extends
that date. 
  SEC. 3.  Section 1596.804 is added to the Health and Safety Code,
to read:
   1596.804.  (a) Except as provided in subdivision (b), and subject
to subdivision (c), a licensed child day care facility shall comply
with all of the following health requirements  for food and
beverages served by the provider to children while in care  :
   (1) Meals and snacks shall include, at a minimum, the amount of
food and the components that are specified in  the Child and
Adult Care Food Program requirement for meals, pursuant to 
Section 226.20 of Title 7 of the Code of Federal Regulations in
effect on December 31, 2009.
   (2) Only lowfat or nonfat milk shall be served to children over
two years of age.
   (3) Juice shall be limited to a maximum of one serving per day,
and only 100-percent juice shall be served.
   (4) At least one vegetable shall be served at lunch and supper.
   (5) Deep fat frying  , as defined in subdivision (i) of
Section 49430 of the Education Code,  shall be prohibited
onsite.
   (6) Sugar shall be limited to 6 grams per serving for both hot and
cold cereals.
   (7) Water shall be accessible and available for consumption
throughout the day  , including meal times  .
   (b) If a child has a medical necessity, documented by a physician,
that prevents a child day care facility from complying with the
requirements of subdivision (a), then the facility shall be exempt
from those requirements, to the extent necessary, for purposes of
that child only.
   (c) A licensed child care facility shall comply with this section
by January 1, 2011.
   (d) A licensed child care facility shall, on an annual basis,
self-certify to the department compliance with this section.
   (e) Notwithstanding any other provision of this chapter, failure
to comply with this section shall not result in, or be considered in,
the loss of licensure, or result in any civil or criminal penalties.