I 111th CONGRESS 2d Session H. R. 5431 IN THE HOUSE OF REPRESENTATIVES May 27, 2010 Mrs. McCarthy of New York (for herself and Mr. Wu) introduced the following bill; which was referred to the Committee on Education and Labor A BILL To amend section 17 of the Richard B. Russell National School Lunch Act to promote health and wellness in child care, and for other purposes.

1.

Short title

This Act may be cited as the Start Healthy Habits Early Act.

2.

Child and adult care food program

Section 17 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766) is amended— (1)in subsection (a), by striking (a) Grant Authority and all that follows through the end of paragraph (1) and inserting the following: (a)

Program purpose, grant authority, and institution eligibility

(1)

In general

(A)

Program purpose

The purpose of the program authorized under this section is to provide aid to child and adult care institutions for the provision of nutritious foods that contribute to the wellness, healthy growth, and development of young children, and the health and wellness of older adults and chronically impaired disabled persons. (B)

Grant authority

The Secretary may carry out a program to assist States through grants-in-aid and other means to initiate and maintain nonprofit food service programs for children in institutions providing child care. ; (2)by striking subsection (g) and inserting the following: (g)

Nutritional requirements for meals and snacks served in institutions and family or group day care homes

(1)

Definition of dietary guidelines

In this subsection, the term Dietary Guidelines means the Dietary Guidelines for Americans published under section 301 of the National Nutrition Monitoring and Related Research Act of 1990 (7 U.S.C. 5341). (2)

Nutritional requirements

(A)

In general

Except as provided in subparagraph (C), reimbursable meals and snacks served by institutions, family or group day care homes, and sponsored centers participating in the program under this section shall consist of a combination of foods that meet minimum nutritional requirements prescribed by the Secretary on the basis of tested nutritional research. (B)

Conformity with the dietary guidelines and authoritative science

(i)

In general

Not less frequently than once every 10 years, the Secretary shall review and, as appropriate, update nutritional requirements for meals and snacks served under the program under this section to ensure that the meals and snacks— (I)are consistent with the goals of the most recent Dietary Guidelines; and (II)promote the health of the population served by the program authorized under this section, as indicated by the most recent relevant nutrition science and appropriate authoritative scientific recommendations. (ii)

Cost review

The review required under clause (i) shall include a review of the cost to institutions, family or group day care homes, and sponsored centers, resulting from the updated nutritional requirements under this subparagraph for meals and snacks served under the program under this section. (iii)

Regulations

(I)

Proposed rule

Not later than 18 months after the completion of the review of the nutritional requirements under clause (i), the Secretary shall promulgate proposed regulations to update the nutritional requirements for meals and snacks served under the program under this section. (II)

Consideration

In promulgating proposed regulations under subclause (I), the Secretary shall demonstrate consideration for the financial and administrative impact to institutions, family or group day care homes, and sponsored centers resulting from any proposed changes to the nutritional requirements for meals and snacks in the regulations. (C)

Exceptions

(i)

Special dietary needs

The minimum nutritional requirements prescribed under subparagraph (A) shall not prohibit institutions, family or group day care homes, and sponsored centers from substituting foods to accommodate the medical or other special dietary needs of individual participants. (ii)

Exempt institutions

The Secretary may elect to waive all or part of the requirements of this subsection for emergency shelters participating in the program under this section. (3)

Meal service

Institutions, family or group day care homes, and sponsored centers shall ensure that reimbursable meal service is not used as a punishment or reward. (4)

Fluid milk

(A)

In general

If an institution, family or group day care home, or sponsored center provides fluid milk as part of a reimbursable meal or supplement, the institution, family or group day care home, or sponsored center shall provide the milk in accordance with the most recent version of the Dietary Guidelines and appropriate authoritative scientific recommendations for young children. (B)

Milk substitutes

In the case of children who cannot consume fluid milk due to medical or other special dietary needs other than a disability, an institution, family or group day care home, or sponsored center may substitute for the fluid milk served as part of a reimbursable meal or supplement, a nondairy beverage that— (i)is nutritionally equivalent to fluid milk; and (ii)meets nutritional standards established by the Secretary, including, among other requirements established by the Secretary, fortification of calcium, protein, vitamin A, and vitamin D to levels found in cow’s milk. (C)

Approval

(i)

In general

A substitution authorized under subparagraph (B) may be made— (I)at the discretion of, and on approval by, the participating institution, family or group day care home, or sponsored center; and (II)if the substitution is requested— (aa)by a medical authority; or (bb)by the parent or legal guardian of a participating child. (ii)

Exception

An institution, family or group day care home, or sponsored center that elects to make a substitution authorized under this paragraph shall not provide beverages other than beverages the State has identified as acceptable substitutes. (D)

Excess expenses borne by institution

A participating institution, family or group day care home, or sponsored center shall be responsible for any expenses that— (i)are incurred by the institution, family or group day care home, or sponsored center to provide substitutions under this paragraph; and (ii)are in excess of expenses covered under reimbursements under this Act. (5)

Nondiscrimination policy

No physical segregation or other discrimination against any child shall be made because of the inability of the child to pay, nor shall there be any overt identification of any such child by special tokens or tickets, different meals or meal service, announced or published lists of names, or other means. (6)

Use of abundant and donated foods

To the maximum extent practicable, each institution shall use in its food service foods that are— (A)designated from time to time by the Secretary as being in abundance, either nationally or in the food service area; or (B)donated by the Secretary; (7)

Water

Participating institutions, family or group day care homes, and sponsored centers shall make available to children, as nutritionally appropriate, potable water throughout the day, including at meal times. ; and (3)by adding at the end the following: (u)

Promoting health and wellness in child care

(1)

In general

The Secretary shall assist participating institutions, family or group day care homes, and sponsored centers through technical assistance and guidance, and competitive grants for the purpose of promoting the health and nutrition of children in child care settings. (2)

Technical assistance and guidance

(A)

Nutrition

From funds made available under subparagraph (C), the Secretary shall provide technical assistance and guidance to institutions, family or group day care homes, and sponsored centers, participating in the program under this section to support compliance with the nutrition requirements described in subsection (g), which shall include technical assistance and guidance with respect to— (i)menu planning; (ii)interpretation of nutrition labels; and (iii)food preparation and purchasing guidance to produce meals and snacks that— (I)are consistent with the goals of the most recent Dietary Guidelines for Americans published under section 301 of the National Nutrition Monitoring and Related Research Act of 1990 (7 U.S.C. 5341) (in this subsection referred to as the Dietary Guidelines); and (II)promote the health of the population served by the program under this section, as recommended by authoritative scientific rec­om­men­da­tions. (B)

Wellness promotion

Not later than January 1, 2012, in consultation with the Secretary of Health and Human Services, the Secretary shall provide technical assistance and guidance, such as a handbook, to assist State agencies and institutions, family and group day care homes, and sponsored centers, participating in the program under this section to— (i)promote access to foods that are recommended for consumption by the most recent Dietary Guidelines; (ii)encourage opportunities for age-appropriate physical activity in quantities and at levels recommended by the most recent Dietary Guidelines and the Secretary of Health and Human Services and provide information on— (I)the importance of regular age-appropriate physical activity for health and well-being based on authoritative scientific recommendations; and (II)best practices for physical activity plans in child care settings; (iii)encourage age-appropriate electronic media use by children based on authoritative scientific recommendations and provide information on— (I)the importance of age-appropriate use, including limitations, of electronic media; and (II)best practices for implementation of such recommendations in child care settings; and (iv)encourage the involvement of parents in nutrition and wellness initiatives for children. (C)

Additional information

In consultation with the Secretary of Health and Human Services, the Secretary shall provide educational materials (such as pamphlets, or other printed materials) to State agencies and institutions, family and group day care homes, and sponsored centers participating in the program under this section regarding common food-related choking hazards and guidance on avoiding food choking in young children. (D)

Funding

(i)

In general

On October 1, 2010, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary to carry out this paragraph $10,000,000, to remain available until expended. (ii)

Receipt and acceptance

The Secretary shall be entitled to receive, shall accept, and shall use to carry out this subsection the funds transferred under clause (i), without further appropriation. (3)

Competitive grants

(A)

Grants to state agencies

From the funds made available under subparagraph (G), the Secretary shall award grants, on a competitive basis, to State agencies participating in the program under this section for the purpose of promoting health and nutrition in child care settings. (B)

Priority

In awarding grants under this paragraph, the Secretary shall give priority to State agencies administering projects under the program that carry out each of the authorized uses of funds described in subparagraph (C)(ii). (C)

Uses of funds

(i)

Required uses

A State agency receiving a grant under this paragraph shall use not less than 50 percent of such grant funds to award subgrants to institutions, including sponsoring organizations, for the purpose of carrying out the activities described in clause (ii). (ii)

Authorized uses

In addition to such other activities as the Secretary determines to be appropriate, State agencies and institutions may use funds received under this paragraph for activities that— (I)promote nutrition and physical activity in child care settings that reflect— (aa)the recommendations of the most recent version of the Dietary Guidelines; and (bb)authoritative scientific recommendations; (II)provide technical assistance and training to sponsors and providers of child care centers and family or group day care homes in implementing State or local initiatives designed to improve the health and nutrition of children in child care settings; (III)perform outreach campaigns on the State or local level that are designed to increase access to the program in underserved areas and populations, including subsidized child care providers; and (IV)make innovative use of technology to provide training and education to promote the nutrition, physical activity, and health of children. (D)

Application

To be eligible to receive a grant under this paragraph, a State agency shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require, which shall include— (i)a plan to promote child care settings that encourage healthful behaviors, including improvements to the quality of meals and snacks provided in institutions, family or group day care homes, and sponsored centers; and (ii)a description of— (I)the procedures by which the State agency will use the grant to award subgrants to institutions; and (II)the criteria that the State agency will use in awarding such subgrants. (E)

Reporting

Any State agency receiving a grant under this paragraph shall submit a report to the Secretary at such time, in such manner, and containing such information as the Secretary may require that, at a minimum, shall include— (i)a description of the activities supported with funds under this paragraph; (ii)the progress of implementing the activities; and (iii)the outcome of the activities. (F)

Best practices

The Secretary shall provide to State agencies and institutions best practices for implementing effective nutrition and wellness initiatives, including best practices for implementing the activities supported with funds under this paragraph. (G)

Funding

(i)

In general

On October 1, 2010, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary to carry out this paragraph $25,000,000 to remain available until expended to carry out this paragraph to remain available until expended. (ii)

Receipt and acceptance

The Secretary shall be entitled to receive, shall accept, and shall use to carry out this paragraph the funds transferred under clause (i) without further appropriation. .