BILL NUMBER: SB 667	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 1, 2013

INTRODUCED BY   Senator Roth

                        FEBRUARY 22, 2013

   An act to amend  Section 123285 of   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,  the Health and Safety Code, relating to public health.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 667, as amended, Roth.  Supplemental food program.
  Healthy eating program. 
   Existing  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. 
 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   . 
   This bill would  make technical, nonsubstantive changes.
  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   . 
   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 heading of Article 2 (commencing
with Section 104650) of Chapter 2 of Part 3 of Division 103 of the
  Health and Safety Code   is amended   to
read: 

      Article 2.   "5 A Day--For Better Health" 
 Healthy Eating  Program


   SEC. 2.    Section 104650 of the   Health
and Safety Code   is amended to read: 
   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  "5 A Day--For Better
Health"   healthy eating  program  , based on 5
  A Day, MyPlate, or other similar healthy eating campaign
programs,  for the purpose of promoting public awareness of the
need to  eat healthy and  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  "5 A Day--For Better
Health"   healthy eating  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.
   SEC. 3.    Section 104655 of the   Health
and Safety Code   is amended to read: 
   104655.  Notwithstanding any other  provision of 
law, nothing  shall operate to prohibit   in
this article prohibits  contributions to the program created
pursuant to this article by  marketing orders issued pursuant to
Division 21 (commencing with Section 58001) of the Food and
Agricultural Code and  organizations and commissions subject to
Division 22 (commencing with Section  64001)  
63901)  of the Food and Agricultural Code. 
  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.