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AB-1100 Retail food facilities: toys and incentives.(2011-2012)

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Assembly Bill
No. 1100

Introduced  by  Assembly Member Roger Hernández

February 18, 2011

An act relating to food facilities.


AB 1100, as introduced, Roger Hernández. Retail food facilities: toys and incentives.
The California Retail Food Code provides for the regulation of health and sanitation standards for retail food facilities by the State Department of Public Health. Local health agencies are primarily responsible for enforcing this law.
This bill would declare the intent of the Legislature to enact legislation to improve the health of children in California by setting healthier standards for children’s meals that are accompanied by toys and other incentive items.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


 The Legislature hereby finds and declares all of the following:
(a) Obesity is one of the leading causes of preventable death and is associated with increased rates of chronic diseases, including heart disease, diabetes, cancer and stroke.
(b) A 2010 study conducted by the federal Centers for Disease Control and Prevention indicates that the total health burden of obesity has surpassed the total health impact of tobacco use, which is the leading cause of preventable death.
(c) Roughly one in nine children, one in three teens, and three in five adults are overweight or obese in California.
(d) Children who are obese or overweight have an increased risk of being obese or overweight as adults. Seventy-five percent of children who are overweight are expected to be overweight as adults. Adult obesity rates have increased by nearly 10 percent and have more than doubled since 1990 in California.
(e) Obesity is especially prevalent among people with low incomes and communities of color with 30 percent of low-income children being overweight. Forty percent of the state’s medically obese adult population is of Hispanic origin. The four largest groups at risk for childhood obesity, Pacific Islanders, Latinos, American Indians, and African Americans, are all minority communities.
(f) As a result of the obesity epidemic, we are seeing an alarming rise in chronic illnesses in children, with childhood chronic disease rates quadrupling over the past four decades. Additionally, obese children are more than twice as likely to have type-2 diabetes as children of normal weight.
(g) California’s obesity epidemic poses not only a significant public health threat, but also an economic threat to the state. Obesity results in increased health care costs and decreased productivity in the workplace. By 2011, the California Center for Public Health Advocacy estimates that the annual economic costs associated with obesity, overweight, and physical inactivity in the state is projected to increase to $53 billion.
(h) Studies estimate that by 2023, Californians will have more than four million avoidable chronic diseases that will cost nearly $19 billion to treat and will result in nearly $100 billion in lost productivity.
(i) Dining out is becoming increasingly more common. 133 million Americans purchase food at restaurants every day. The food that children eat at restaurants has a direct impact on their risk of becoming overweight and other health risks. Unfortunately, the food and beverages offered at restaurants that typically service children often fail to meet accepted nutritional recommendations.
(j) The Federal Trade Commission reports that toy giveaways in restaurants are estimated to be the second highest child-directed expenditure by the restaurant industry, next to television advertising. This expenditure amounted to at least $360 million on toys in 2006.
(k) The Center for Science in the Public Interest studied children’s meals at restaurants and found that 10 out of 12 of the highest calorie meals came with toys.
(l) It is the intent of the Legislature to enact legislation that would improve the health of children in California by setting healthier standards for children’s meals that are accompanied by toys and other incentive items.