AB 2084 (BROWNLEY), Chapter 593, Statutes of 2010 Affects: Child Care Centers (CCCs) and FCCHs – No Action Required until January 2012. Subject: Nutritious Beverages in Child Care Facilities
Summary: AB 2084 added Section 1596.808 to the Health and Safety Code related to nutritious beverages and affects all licensed child care facilities. The law will not go into effect until January 1, 2012 and will allow the department to adapt the provisions by bulletin, as specified. The new law requires CCCs and FCCHs to comply with the following beverage provisions:
• Whenever milk is served, serve only lowfat (one percent) milk or nonfat milk to children two years of age or older.
• Limit juice to not more than one serving per day of 100 percent juice.
• 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.
• Make clean and safe drinking water readily available and accessible to children throughout the day.
The law provides for the following exceptions to the bill’s requirements regarding beverages served at a licensed child day care facility:
• 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 care facility shall be exempt from complying with the beverage requirements to the extent necessary to meet the medical needs of that child.
• 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.The CDSS will only determine compliance during a regularly scheduled, authorized inspection, and shall not be required to conduct separate and independent visits. Since this law will not go into effect until January 1, 2012, specific implementation procedures will be published prior to that date.

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