BILL NUMBER: AB 2084	CHAPTERED
	BILL TEXT

	CHAPTER  593
	FILED WITH SECRETARY OF STATE  SEPTEMBER 30, 2010
	APPROVED BY GOVERNOR  SEPTEMBER 30, 2010
	PASSED THE SENATE  AUGUST 30, 2010
	PASSED THE ASSEMBLY  AUGUST 31, 2010
	AMENDED IN SENATE  AUGUST 20, 2010
	AMENDED IN SENATE  AUGUST 17, 2010
	AMENDED IN SENATE  JUNE 15, 2010
	AMENDED IN ASSEMBLY  MAY 6, 2010
	AMENDED IN ASSEMBLY  APRIL 26, 2010

INTRODUCED BY   Assembly Member Brownley
   (Coauthors: Senators Leno and Padilla)

                        FEBRUARY 18, 2010

   An act to add Section 1596.808 to the Health and Safety Code,
relating to child day care facilities.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2084, Brownley. 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, as
defined. Willful or repeated violation of these provisions is a
misdemeanor.
   This bill would require, commencing January 1, 2012, except as
provided, a licensed child day care facility to follow specified
requirements relating to the provision of beverages. The bill would
allow the department to adapt the provisions by bulletin, as
specified. By expanding the definition of a crime, the bill would
impose a state-mandated local program.
   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.


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 and five years of
age in California are overweight or obese and research shows that
this condition is difficult to reverse in adolescence or adulthood.
   (b) One in three children in California between two and five years
of age consume at least one soda per day. Children who frequently or
excessively consume beverages high in sugar are at increased risk
for dental decay.
   (c) Data from national surveys suggest that tooth decay in primary
teeth among youth, between two and five years of age, is increasing.

   (d) Healthy beverages for young children include, but are not
limited to, water, lowfat or nonfat milk, and breast milk, all of
which are associated with reduced risk for being overweight or obese.

   (e) Millions of California children enter school with unhealthy
taste preferences and dietary habits developed in the early childhood
environment, including child day care facilities.
   (f) Research demonstrates that taste preferences and lifelong
healthy habits are formed in early childhood years.
   (g) Recent changes to school meals to improve nutrition need to be
complemented by changes to the nutritional environment in child
care.
   (h) Recent research demonstrates that the nutritional environment
in child day care facilities could be improved by limiting
sugar-sweetened beverages and promoting water consumption.
   (i) The State of California has a deep policy and financial
involvement in the licensed child day care system and in the health
and safety of children when they are in the system.
  SEC. 2.  Section 1596.808 is added to the Health and Safety Code,
to read:
   1596.808.  (a) Commencing January 1, 2012, except as provided in
subdivisions (b) and (c), a licensed child day care facility shall
comply with all of the following requirements for beverages served by
the day care provider to children in the provider's care:
   (1) Whenever milk is served, serve only lowfat (1 percent) milk or
nonfat milk to children two years of age or older.
   (2) Limit juice to not more than one serving per day of
100-percent juice.
   (3) Serve no beverages with added sweeteners, either natural or
artificial. "Beverages with added sweeteners" does not include infant
formula or complete balanced nutritional products designed for
children.
   (4) Make clean and safe drinking water readily available and
accessible for consumption throughout the day.
   (b) If a child has a medical necessity documented by a physician
that includes the need for "medical food" as defined by Section
109971 of the Health and Safety Code, a licensed child 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) This section shall not apply to beverages at a licensed child
day care facility that are provided by a parent or legal guardian for
his or her child.
   (d) As the Dietary Guidelines for Americans, published jointly by
the federal Department of Health and Human Services and the federal
Department of Agriculture, are updated every five years, the
department may adapt the provisions of this section by bulletin, as
necessary, so that the standards continue to reflect the most recent
relevant nutrition science and continue to improve the health of
children in child care.
   (e) The department shall only determine compliance with this
section during a regularly scheduled, authorized inspection, and
shall not be required to conduct separate and independent visits.
  SEC. 3.  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.