BILL NUMBER: AB 2586 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 29, 2012
INTRODUCED BY Assembly Member Hueso
FEBRUARY 24, 2012
An act to add Division 24 (commencing with Section 81000) to
the Food Agricultural Code, relating to food access.
LEGISLATIVE COUNSEL'S DIGEST
AB 2586, as amended, Hueso. The California Healthy Choices
Program.
Existing law requires the Department of Food and Agriculture,
headed by the Secretary of Food and Agriculture, to promote and
protect the agricultural industry of the state. Existing law also
establishes the California Healthy Food Financing Initiative for the
purpose of promoting healthy food access in the state, and requires
the department to implement the initiative.
This bill would express the intent of the Legislature to establish
the California Healthy Choices Program, a voluntary grocery store
certification program, to be implemented by the department. The bill
would state findings and declarations relating to stocking and
promoting of healthy foods in stores.
This bill would require the department to establish the California
Healthy Choices Program to certify grocery stores, as defined, that
promote healthy food choices.
The bill would require the department to charge grocery stores
that apply for certification a fee which would be deposited into the
California Healthy Choices Program Fund, which would be established
by this bill. Moneys in the fund would be made available, upon
appropriation by the Legislature, to the department to promote the
program.
The bill would be implemented only after the Director of Finance
makes a specified determination.
Vote: majority. Appropriation: no. Fiscal committee: no
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) Despite various local and state policies to encourage healthy
living, the percentage of overweight and obese people in California
continues to be a major concern.
(b) A recent study by the University of California at Los Angeles
found that between 2005 and 2010, more than half of the counties in
the state experienced an increase in rates of overweight and obese
youth.
(c) According to an annual report by the Trust for America's
Health, nearly 25 percent of adults in California are obese and an
additional 37 percent are overweight.
(d) Being overweight or obese is associated with serious health
risks, including cardiovascular disease and diabetes.
(e) Being overweight and obese have significant economic impacts,
both directly and indirectly. Direct costs may include diagnostic and
treatment services related to being overweight and obese. Indirect
costs may include decreased productivity, restricted activity, and
future value lost by premature death. It has been estimated that
California families, employers, the health care industry, and the
government pay more than $21 billion each year on costs related to
being overweight and obese.
(f) Regional variations in overweight and obesity rates exemplify
how differences in demographic, social, economic, and environmental
characteristics and local policies and programs play a major role in
healthy options for a community.
(g) The food environment in California varies greatly, and some
counties have limited access to stores that offer fresh fruit and
vegetables as compared to the availability of fast food and
convenience stores in those counties.
(h) Studies have shown that the display and advertisement of
unhealthy products in stores directly impacts consumer patterns. When
stores stock and promote healthy foods, consumers buy those foods
more often.
(i) The overall layout of a store affects what consumers buy, and
consumers are influenced not only by what is available and
affordable, but also by how products are organized and advertised
inside the store. When nuts and granola bars, rather than candy and
chips, are stocked in check-out lanes, consumers are much less likely
to make an unhealthy impulse purchase. Marketing displays in a store
also impact consumer choices.
(j) The creation of a voluntary grocery store certification
program will build a partnership between health experts, grocers, and
community members to encourage healthier lifestyles for all
Californians.
SEC. 2. It is the intent of the Legislature to
enact legislation to create the California Healthy Choices Program, a
voluntary grocery store certification program for California grocery
stores, to be implemented by the Department of Food and Agriculture.
SEC. 2. Division 24 (commencing with Section 81000)
is added to the Food and Agricultural Code ,
to read:
DIVISION 24. Miscellaneous
CHAPTER 1. CALIFORNIA HEALTHY CHOICES ACT
81000. This chapter shall be known, and may be cited, as the
California Healthy Choices Act.
81001. (a) The department shall establish and administer the
California Healthy Choices Program to certify grocery stores located
in California that have taken extra measures to educate consumers
about, and promote, nutritious consumption options as healthy choices
for consumers.
(b) The program shall be implemented only after the Director of
Finance determines there are sufficient funds available to administer
this chapter.
(c) Participation in the program shall be voluntary and open to
all grocery stores.
(d) Grocery stores that apply to the department for certification
shall be subject to a fee established by the department, which shall
not exceed the department's costs associated with issuing the
certification.
(e) Fees collected pursuant to subdivision (d) from participating
stores shall be deposited into the California Healthy Choices Program
Fund created pursuant to Section 81006.
(f) The department shall seek federal grants and solicit private
donations for implementation of the program.
(g) For purposes of this chapter the following definitions shall
apply:
(1) "Program" means the California Healthy Choices Program.
(2) "Grocery store" means a store primarily engaged in the retail
sale of canned food, dried goods, and beverages, and may include the
retail sale of fresh foods, including fruits and vegetables, fresh
meats, fish, poultry, and baked goods.
81002. (a) The department shall certify grocery stores based upon
store type and the criteria described in subdivision (b). The three
grocery store types shall be as follows:
(1) A small-scale grocery store selling food and beverage items
with at least one refrigeration unit and at least one cash register.
(2) A small-to-medium scale grocery store carrying food and
beverage items with at least one or more refrigeration units, a
produce area, and at least one cash register.
(3) A medium-to-large scale grocery store carrying food and
beverage items, full-scale produce areas with at least four or more
refrigeration units, and four or more cash registers.
(b) For each of the three types of grocery stores described in
subdivision (a), the department shall establish criteria to certify
grocery stores based on the following subject areas:
(1) The extent to which a grocery store dedicates a substantial
percentage of floor space to nonprepared foods and perishable goods
and the extent to which the store offers a variety of foods in at
least three of the following categories:
(A) Fruits and Vegetables.
(B) Whole grains.
(C) Dairy, which includes, but is not limited to, fat-free or
low-fat milk and milk products, such as yogurt, cheese, or fortified
soy beverages.
(D) Seafood.
(E) Lean meats and poultry.
(F) Eggs.
(G) Beans.
(H) Nuts.
(I) Seeds.
(2) The extent to which the grocery store does any or all of the
following product placement activities:
(A) Offers at least one checkout aisle free from foods high in
sugar and saturated fats.
(B) Has at least 50 percent of its end-of-aisle displays promoting
products that are low in saturated fats, sodium, or sugar.
(C) Displays fresh produce at the entrance of the store.
(D) Places nutritious foods at eye-level.
(E) Limits candy to one aisle.
(F) Pairs promotional or seasonal displays of candy, potato chips,
or soda with a separate promotional display offering healthier
alternatives.
(3) The extent to which a grocery store does any or all of the
following activities related to price:
(A) Offers store coupons for products that are low in saturated
fats, sodium, and sugar content.
(B) Participates in at least one of the following programs:
(i) The California Special Supplemental Food Program for Women,
Infants, and Children.
(ii) Electronic Benefits Transfer.
(iii) CalFresh.
(4) The extent to which a grocery store does any or all of the
following promotional activities:
(A) Provides educational materials free-of-charge to consumers
regarding nutritious foods and meal ideas.
(B) Offers in-store product sampling of foods low in saturated
fats.
(C) Provides special labeling to simplify nutrition information
for consumers.
(D) Displays outdoor signage promoting healthy messages, food, or
beverages.
(E) Displays wall signage promoting healthy messages, food, or
beverages.
(F) Displays cash register signage promoting healthy messages,
food, or beverages.
81003. (a) The department shall work with stakeholders,
including, but not limited to, grocery retailers, consumers, and
public health advocacy groups, to do all of the following:
(1) Establish a point system for certification based upon the
criteria established in Section 81002.
(2) Develop and adopt regulations for the implementation of the
program. These regulations shall establish all of the following:
(A) Participation fees that do not exceed the costs of
administering this division.
(B) An application process.
(C) On-site visits to grocery stores for certification and random
compliance inspections.
(3) Promulgate policies to better promote certified stores.
(b) If the department chooses to revise criteria after
implementation of the program, the department shall provide
notification to the public and certified grocery stores.
81004. (a) Certification shall be valid for two-year periods and
shall be subject to revocation if, after random inspection by the
department, it is determined that the inspected store is failing to
meet its eligibility requirements.
(b) The department shall consider grocery stores for certification
on an individual basis.
(c) The department shall produce, and provide to each certified
grocery store, documentation verifying certification.
81005. In support of the program, the department shall do all of
the following:
(a) Produce and provide to each certified grocery store signage
for store display that identifies the grocery store as a certified
healthy choice to the public.
(b) Produce publicly written brochures promoting the program.
Brochures shall be made available to the public.
(c) Send appropriate press releases and information to the media
promoting the program.
(d) List the name and location of all certified grocery stores on
the department's Internet Web site. If a grocery store is part of a
chain, it shall be identified by location.
(e) Promote the program to local and state health advocacy
organizations.
(f) Make other efforts to include certified grocery stores in
other efforts by the state to promote healthy living.
81006. (a) There is hereby established in the State Treasury, the
California Healthy Choices Program Fund, which shall consist of
moneys deposited pursuant to subdivision (e) of Section 81001, along
with private funds and, upon appropriation by the Legislature, shall
be made available to the department for the purposes of identifying
grocery stores certified by the state as healthy choices for
consumers and promoting the program.
(b) The department may use moneys from the fund, when made
available, to leverage other funding, including, but not limited to,
moneys from federal or foundation grant programs.
81007. The department shall annually report to the appropriate
legislative budget committees of the Legislature on the balance and
expenditures of the California Healthy Choices Program Fund created
pursuant to Section 81006 and other program details, including, but
not limited to, program participation, department efforts to promote
participation in the program, and department efforts to solicit
private and federal funds for program implementation and continuity.