BILL ANALYSIS �
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THIRD READING
Bill No: AB 1872
Author: Alejo (D)
Amended: 8/22/12 in Senate
Vote: 21
SENATE HUMAN SERVICES COMMITTEE : 4-2, 7/2/12
AYES: Liu, Hancock, Wright, Yee
NOES: Berryhill, Strickland
NO VOTE RECORDED: Emmerson
SENATE APPROPRIATIONS COMMITTEE : 5-2, 8/16/12
AYES: Kehoe, Alquist, Lieu, Price, Steinberg
NOES: Walters, Dutton
ASSEMBLY FLOOR : 52-25, 5/30/12 - See last page for vote
SUBJECT : Child day care facilities: nutrition
SOURCE : California Food Policy Advocates
DIGEST : This bill requires, except as provided, a family
day care home to provide meals and snacks that meet certain
federal nutrition standards and would require family day
care homes to keep daily menus of all meals and snacks
served; requires the Department of Social Services (DSS) to
inform prospective and current providers about the
nutrition requirements by posting information on its
website, through outreach materials, and during orientation
and inspections of providers; and requires the DSS to take
specified actions with respect to noncompliance, as
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specified.
Senate Floor Amendments of 8/22/12 remove the requirement
to conform with federal law in posting nutrition
requirements in order to permit DSS flexibility in issuing
regulations, per a request from DSS; and make a technical
change in identifying homes as "homes" rather than
"facilities."
ANALYSIS :
Existing law:
1. Establishes the California Child Day Care Facilities act
to establish a statewide comprehensive, quality system
for licensing child day care facilities to ensure a
quality day care environment. (Health and Safety Code
(HSC) Section 1596.7 et seq.)
2. Establishes in federal law the Child and Adult Care Food
Program (CACFP) and identifies nutritional standards for
meals in such facilities. (7 Code of Federal Regulations
(CFR) 226.20)
3. Requires that state child care centers adhere to CACFP
nutrition standards, but leaves open the option to
participate in the reimbursement program. Family Child
Care Homes are not required to adhere to CACFP
standards.
4. Requires under state law that certain standards be used
when serving beverages in child care homes, and exempts
from those standards beverages that are deemed "medical
food" or those provided by a parent or legal guardian.
(HSC Section 1596.808)
This bill provides that for the purposes of improving
nutrition in child day care facilities and increasing
providers' capacity to serve healthy foods, the DSS is
required to inform prospective and current providers about
the USDA CACFP by posting information relating to
eligibility, enrollment, and reimbursement on its website,
as well as disseminating information through orientation
materials, during regular inspections, and through written
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communications to licensees. Specifically, this bill:
1. Requires that a family day care home shall, at a
minimum, provide the amount of food and the components
in any meals and snacks served that are specified in the
USDA CACFP. The DSS is required to explain the
nutritional requirements on its website, DSS outreach
material, and during the orientation of prospective
family day care home providers.
2. If the CACFP is amended to include new nutritional
standards, the DSS may inform providers of the updated
standards by provider bulletin or other similar
instruction.
3. Exempts a FCCH if a child has a medical necessity, as
specified, to the extent necessary to meet the medical
needs of the child.
4. Does not apply to meals or snacks provided by a parent
or legal guardian for his or her child at a family day
care home.
5. Requires FCCHs to keep daily menus available for parents
and guardians to see, of all meals and snacks served.
6. Requires the DSS to review the status of compliance with
the nutrition standards and provisions herein only
during regularly scheduled, authorized monitoring
inspections. If a FCCH is determined noncompliant with
this section, the DSS is to direct the FCCH to relevant
nutrition information and training opportunities.
7. Provides that the provisions under which willful or
repeated violations of the Child Day Care Facilities Act
constitute a misdemeanor are not applicable to the
provisions of this bill.
Background
Obesity among children . The prevalence of obesity in
children has more than doubled in the past 30 years among
young children, ages 2-5, according to the U.S. Department
of Health and Human Services. It has tripled among youth
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ages 6-11, and has more than tripled among adolescents ages
12-19. The most recent National Health and Nutrition Survey
data shows 1 in 15 boys between ages 2 and 5, and nearly 1
in 10 girls, is considered obese. Researchers have found
that a child who is overweight between the ages of two and
fourandahalf is five times more likely to be overweight at
age twelve, when compared with children who are not
overweight in their preschool years.
Two national studies the USDAs Nationwide Food Consumption
Survey and the Continuing Survey of Food Intakes by
Individuals - demonstrate changes in eating patterns among
American youth that illustrate the complexity that exists
relating food intake to the increased prevalence of
obesity. These include:
1. There has been a decline in breakfast consumption -
especially for children of working mothers.
2. Average portion sizes increased for salty snacks from
1.0 oz. to 1.6 oz. and for soft drinks from 12.2 oz. to
19.9 oz. between 1977 and 1996.
3. Only 21% of young people eat the recommended five or
more servings of fruits and vegetables each day.
4. Nearly half of all vegetable servings are fried
potatoes.
Childhood obesity is a public health issue that has been
extensively written about and studied.
CACFP . The USDA's CACFP provides day care providers with
cash reimbursement for serving up to two meals and one
snack per day to enrolled children that meet federal
nutritional guidelines. Program payments for day care
homes are based on the number of meals served to enrolled
children, multiplied by the appropriate reimbursement rate
for each breakfast, lunch, supper, or snack they are
approved to serve.
Nineteen states require all child care facilities to follow
CACFP nutrition standards, including Maryland, Michigan,
Oregon and Virginia. Twelve states do not require the
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CACFP standard be followed as a condition of licensure for
all types of child care, including California.
Nutritional requirements for children in day care .
Approximately 50,000 family day care homes and child care
centers are licensed in California, with a combined
capacity of more than one million children. Approximately
50% participate in the CACFP.
As a condition of licensure, California's 10,850 child care
centers, with capacity for nearly 700,000 children, must
follow federally approved nutritional guidelines outlined
in the CACFP. About half of them fully participate in the
CACFP by obtaining federal reimbursement for providing
nutritionally approved menus.
There is no state-mandated nutritional requirement for
providers of care in the state's approximately 39,000
licensed Family Child Care Homes. About half of these
providers - some 20,300 homes - are approved as CACFP
providers.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Senate Appropriations Committee:
Potential one-time costs of $150,000 (General Fund) for
the DSS to update forms and materials to include the new
nutrition requirements.
Ongoing costs of approximately $40,000 (General Fund) to
the DSS for additional workload to review for compliance
at regularly scheduled inspections.
Ongoing costs of $242,000 (Federal Funds) to the CDE for
two positions to provide outreach, training, and
technical assistance to new sponsors and providers.
Potential increased federal fund reimbursement of
approximately $4.5 million for every five percent
increase in participation by FCCH providers in the
federal Child and Adult Care Food Program (CACFP) that
provides partial reimbursement for meals served to
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children. Associated ongoing increase in state
reimbursement of $250,000 (General) per year to the
extent state funds are appropriated for meal
reimbursement to family day care homes in years
subsequent to 2012-13.
SUPPORT : (Verified 8/22/12)
California Food Policy Advocates (source)
American Academy of Pediatrics
American Federation of State, County and Municipal
Employees
American Heart Association
California Association for Family Child Care
California Center for Public Health Advocacy
California Child Care Resource & Referral Network
California Medical Association
California Pan-Ethnic Health Network
California Teachers Association
Central California Regional Obesity Prevention Program
Central Coast Hunger Coalition
Child Care Food Program Roundtable
Child Care Law Center
Children Now
Choices for Children
Community Bridges
Community Child Care Council of Santa Clara County, Inc.
Del Norte Child Care Council
Family Child Care Council
First 5 Shasta
Imperial County Children and Families First Commission
Los Angeles County Policy Roundtable for Child Care
Options Child Care and Human Service Agency
Shasta County Office of Education
UC Berkeley, Atkins Center for Weight and Health
Valley Oak Children's Services
OPPOSITION : (Verified 8/22/12)
California Right to Life Committee, Inc.
ASSEMBLY FLOOR : 52-25, 5/30/12
AYES: Alejo, Allen, Ammiano, Atkins, Beall, Block,
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Blumenfield, Bonilla, Bradford, Brownley, Buchanan,
Butler, Charles Calderon, Campos, Carter, Cedillo,
Chesbro, Davis, Dickinson, Eng, Feuer, Fong, Fuentes,
Furutani, Galgiani, Gatto, Gordon, Hall, Hayashi, Roger
Hern�ndez, Hill, Huber, Hueso, Huffman, Lara, Bonnie
Lowenthal, Ma, Mendoza, Mitchell, Monning, Pan, Perea, V.
Manuel P�rez, Portantino, Skinner, Solorio, Swanson,
Torres, Wieckowski, Williams, Yamada, John A. P�rez
NOES: Achadjian, Bill Berryhill, Conway, Cook, Donnelly,
Beth Gaines, Garrick, Grove, Hagman, Halderman, Harkey,
Jeffries, Jones, Knight, Logue, Mansoor, Miller, Morrell,
Nestande, Nielsen, Norby, Olsen, Silva, Smyth, Wagner
NO VOTE RECORDED: Fletcher, Gorell, Valadao
CTW:m 8/23/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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