Amended in Senate April 1, 2013

Senate Bill No. 667

Introduced by Senator Roth

February 22, 2013

An act to amend begin delete Section 123285 of end delete begin insert Sections 104650 and 104655 of, and to amend the heading of Article 2 (commencing with Section 104650) of Chapter 2 of Part 3 of Division 103 of, end insert the Health and Safety Code, relating to public health.

LEGISLATIVE COUNSEL’S DIGEST

SB 667, as amended, Roth. begin delete Supplemental food program. end delete begin insert Healthy eating program. end insert

Existing begin delete law, the California Special Supplemental Food Program for Women, Infants, and Children (WIC Program), authorizes the establishment of a statewide program, administered by the State Department of Public Health, for providing nutritional food supplements to low-income pregnant women, low-income postpartum and lactating women, and low-income infants and children under 5 years of age, who have been determined to be at nutritional risk. end delete begin insert law requires the State Department of Public Health to establish and implement the 5 A Day--For Better Health program to promote public awareness of the need to eat more fruits and vegetables in order to improve health and prevent major chronic diseases. Existing law specifies that these provisions do not prohibit contributions to the program by certain marketing organizations and commissions end insert begin insert . end insert

This bill would begin delete make technical, nonsubstantive changes. end delete begin insert instead require the department to establish and implement a healthy eating program, as specified, to promote public awareness of the need to eat healthy. The bill would also specify that these provisions do not prohibit contributions to the healthy eating program by certain marketing orders end insert begin insert . end insert

Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

The people of the State of California do enact as follows:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert The heading of Article 2 (commencing with
Section 104650) of Chapter 2 of Part 3 of Division 103 of the end insert begin insert Health and Safety Code end insert begin insert is amended to read: end insert

 

Article 2.  begin delete “5 A Day--For Better Health” end delete begin insert Healthy Eating end insert
Program

 

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 104650 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

104650.  

(a) The department shall establish and implement, to
the extent funds are available pursuant to subdivision (d) which
are other than state general funds, a begin delete “5 A Day--For Better Health” end delete
begin insert healthy eating end insert program begin insert , based on 5 end insert begin insert A Day, MyPlate, or other
similar healthy eating campaign programs, end insert for the purpose of
promoting public awareness of the need to begin insert eat healthy and end insert increase
the consumption of fruits and vegetables as part of a low-fat,
high-fiber diet in order to improve health and prevent major chronic
diseases, including diet-related cancers.

(b) The department may promote the begin delete “5 A Day--For Better
Health” end delete begin insert healthy eating end insert program to the public through channels,
including, but not limited to, print and electronic media, retail,
grocers, schools, and other government programs. For purposes
of this article, “public” includes, but is not limited to, the general
adult population, adults with lower educational attainment,
schoolage children and youth, and high-risk groups determined
by the department.

(c) The department may, at its sole discretion, contract with
qualified organizations for general or specialized services to
implement this article, including personnel, marketing, public
relations, research, evaluation, and administration.

(d) The department is encouraged to investigate all available
funding sources, public and private, for the purposes of this article,
including application for public and private grants.

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 104655 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

104655.  

Notwithstanding any other begin delete provision of end delete law, nothing
begin delete shall operate to prohibit end delete begin insert in this article prohibits end insert contributions to
the program created pursuant to this article by begin insert marketing orders
issued pursuant to Division 21 (commencing with Section 58001)
of the Food and Agricultural Code and end insert organizations and
commissions subject to Division 22 (commencing with Section
begin delete 64001) end delete begin insert 63901) end insert of the Food and Agricultural Code.

begin delete

SECTION 1.  

Section 123285 of the Health and Safety Code
is amended to read:

123285.  

As used in this article, the following definitions shall
apply:

(a) “Health professional” means a physician and surgeon,
registered nurse, nutritionist, dietitian, or state or local medically
trained health official, who is competent to professionally evaluate
nutritional need and to authorize supplemental foods, as determined
by the state department.

(b) “Low income” means an income of not more than 185
percent of the poverty level as determined by the federal poverty
income guidelines promulgated by the United States Department
of Health and Human Services.

(c) “Recipient” means a low-income pregnant woman, a
low-income post partum and lactating woman, or a low-income
infant or child under five years of age, who has been determined
to be at nutritional risk by a health professional, based on criteria
established by the state department.

(d) “Nutrition coupon” means a check that is limited as to value,
food type, and food quantity and that has a limited period of
validity.

(e) “WIC Program” means the California Special Supplemental
Nutrition Program for Women, Infants, and Children.

end delete