BILL NUMBER: AB 2084	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 15, 2010
	AMENDED IN ASSEMBLY  MAY 6, 2010
	AMENDED IN ASSEMBLY  APRIL 26, 2010

INTRODUCED BY   Assembly Member Brownley
   (Coauthor: Senator 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, as amended, 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, except as provided, a licensed child day
care facility to follow specified requirements relating to the
provision of beverages. 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.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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.
 
   (d) 
    (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. 

   (e) 
    (f)  Research demonstrates that taste preferences and
lifelong healthy habits are formed in early childhood years. 

   (f) 
    (g)  Recent changes to school meals to improve nutrition
need to be complemented by changes to the nutritional environment in
child care. 
   (g) 
    (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.

   (h) 
    (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) 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  1 percent
  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  , particularly
with meals and snacks  .
   (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.
  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.