HB 1015

1	A bill to be entitled
2	An act relating to child nutrition; providing a short
3	title; amending ss. 402.305 and 1006.06, F.S.; providing
4	definitions; providing requirements for foods served in
5	child care facilities and school food service programs;
6	providing for exceptions and substitutions in certain
7	circumstances; requiring a study by the Department of
8	Agriculture and Consumer Services and the Department of
9	Education of the fiscal impact of establishing a statewide
10	Farm-to-School Program; requiring a report and
11	recommendations; providing an effective date.
12
13	WHEREAS, good nutrition practices in child care facilities
14	and schools help in the promotion of healthy eating habits for
15	children, and
16	WHEREAS, processed trans fats raise low-density lipoprotein
17	(LDL) and lower high-density lipoprotein (HDL) cholesterol
18	levels and provide no known benefit to the health of children,
19	and
20	WHEREAS, the majority of meals served in schools exceed fat
21	content recommendations set by the United States Department of
22	Agriculture, and
23	WHEREAS, fat-free milk is recommended by the American
24	Academy of Pediatrics and the American Heart Association for
25	children 2 years of age and older, and
26	WHEREAS, whole grains reduce the risk of heart disease and
27	digestive disorders and are recommended by the American Academy
28	of Pediatrics, the American Heart Association, and other health
29	organizations, and
30	WHEREAS, unrestricted fruit juice consumption can lead to
31	excessive caloric intake, and limitation of the consumption of
32	fruit juice is recommended by the American Academy of
33	Pediatrics, and
34	WHEREAS, researchers have found new evidence that drinks
35	containing high-fructose corn syrup have high levels of reactive
36	compounds with the potential to trigger cell and tissue damage
37	that could cause diabetes, particularly in children, and
38	WHEREAS, the regulation of foods served in child care
39	facilities and schools will promote the health and well-being of
40	children and is appropriate and beneficial, NOW, THEREFORE,
41
42	Be It Enacted by the Legislature of the State of Florida:
43
44	Section 1.  This act may be cited as the "Florida Child
45	Care and School Nutrition Act."
46	Section 2.  Subsection (8) of section 402.305, Florida
47	Statutes, is amended to read:
48	402.305  Licensing standards; child care facilities.--
49	(8)  NUTRITIONAL PRACTICES.--
50	(a)  Minimum standards shall include requirements for the
51	provision of meals or snacks of a quality and quantity to ensure
52	assure that the nutritional needs of the child are met.
53	(b)  As used in this subsection:
54	1.  "High-fructose corn syrup" means a sweetener and
55	preservative used in many processed foods which is made by
56	changing the sugar in cornstarch to fructose.
57	2.  "Trans fats" means processed or artificially
58	hydrogenated or partially hydrogenated fats but does not include
59	the small amounts of these fats occurring naturally in milk and
60	meat.
61	3.  "Whole grain" means grain that consists of the intact
62	grain seed or that consists of the ground, cracked, or flaked
63	grain seed the principal anatomical components of which are
64	present in the same relative proportions as exist in the intact
65	grain seed.
66	(c)  Beginning August 1, 2009, in addition to state
67	requirements and requirements under the federal Child Care Food
68	Program, child care facilities:
69	1.  Shall provide the following:
70	a.  Only foods that do not contain trans fats. Foods that
71	do not contain trans fats are unprocessed natural foods and
72	processed or packaged foods labeled as containing zero trans fat
73	in accordance with United States Food and Drug Administration
74	standards. Foods without trans fat labeling are exempt from this
75	requirement until trans fat content information for such foods
76	is made available.
77	b.  Whole wheat flour, white whole wheat flour, or whole
78	grain breads, baked goods, and pasta products in place of white
79	flour or processed grain breads, baked goods, and pastas.
80	c.  Milk with a fat content of no more than 1 percent for
81	healthy children 2 years of age and older and whole milk for
82	healthy children under 2 years of age.
83	d.  Fresh, frozen, unsweetened canned, or dried whole
84	fruits instead of fruit juice for at least half of all fruit
85	servings each week. No more than 6 ounces of fruit juice a day
86	shall be served to children under 7 years of age, and no more
87	than 8 ounces of fruit juice a day shall be served to children 7
88	years of age and older.
89	2.  Shall not provide cereals, sauces, jellies, or liquids,
90	including any caloric beverage, containing high-fructose corn
91	syrup.
92	3.  Shall permit medically necessary exceptions for
93	children with appropriate documentation from a health
94	professional.
95	4.  May make substitutions if specified foods cannot be
96	reasonably obtained in instances of declared disaster or other
97	community crisis.
98	Section 3.  Subsection (6) is added to section 1006.06,
99	Florida Statutes, to read:
100	1006.06  School food service programs.--
101	(6)(a)  As used in this subsection:
102	1.  "High-fructose corn syrup" means a sweetener and
103	preservative used in many processed foods which is made by
104	changing the sugar in cornstarch to fructose.
105	2.  "Trans fats" means processed or artificially
106	hydrogenated or partially hydrogenated fats but does not include
107	the small amounts of these fats occurring naturally in milk and
108	meat.
109	3.  "Whole grain" means grain that consists of the intact
110	grain seed or that consists of the ground, cracked, or flaked
111	grain seed the principal anatomical components of which are
112	present in the same relative proportions as exist in the intact
113	grain seed.
114	(b)  Beginning with the 2009-2010 school year, in addition
115	to state and federal requirements, school food service programs:
116	1.  Shall provide the following:
117	a.  Only foods that do not contain trans fats. Foods that
118	do not contain trans fats are unprocessed natural foods and
119	processed or packaged foods labeled as containing zero trans fat
120	in accordance with United States Food and Drug Administration
121	standards. Foods without trans fat labeling are exempt from this
122	requirement until trans fat content information for such foods
123	is made available.
124	b.  Whole wheat flour, white whole wheat flour, or whole
125	grain breads, baked goods, and pasta products in place of white
126	flour or processed grain breads, baked goods, and pastas.
127	c.  Milk with a fat content of no more than 1 percent for
128	healthy students.
129	d.  Fresh, frozen, unsweetened canned, or dried whole
130	fruits instead of fruit juice for at least half of all fruit
131	servings each week. No more than 6 ounces of fruit juice a day
132	shall be served to students under 7 years of age, and no more
133	than 8 ounces of fruit juice a day shall be served to students 7
134	years of age and older.
135	2.  Shall not provide cereals, sauces, jellies, or liquids,
136	including any caloric beverage, containing high-fructose corn
137	syrup.
138	3.  Shall permit medically necessary exceptions for
139	students with appropriate documentation from a health
140	professional.
141	4.  May make substitutions if specified foods cannot be
142	reasonably obtained in instances of declared disaster or other
143	community crisis.
144	Section 4.  The Department of Agriculture and Consumer
145	Services, in conjunction with the Department of Education, is
146	directed to study the fiscal impact of establishing a statewide
147	"Farm-to-School Program" to connect schools with farms for the
148	purposes of serving healthy meals in schools, improving student
149	nutrition, providing health and nutrition learning
150	opportunities, and supporting local and state farmers. A report
151	and recommendations shall be submitted to the Governor, the
152	President of the Senate, and the Speaker of the House of
153	Representatives by January 1, 2009.
154	Section 5.  This act shall take effect July 1, 2008.

CODING: Words stricken are deletions; words underlined are additions.