Health Checkout Aisles for Healthy Families Act.

Existing law establishes various public health programs related to nutrition that are administered by the State Department of Public Health, including the "5 A Day—For Better Health" program for the purpose of promoting public awareness of the need to increase the consumption of fruits and vegetables to improve health and prevent major chronic diseases. Under the California Retail Food Code, the department regulates retail food facilities, as defined, including administering uniform health and sanitation standards, and requires local enforcement agencies to enforce these provisions. This bill would enact the California Healthy Checkout Aisles for Healthy Families Act, and would require a store, as defined, to make available only specified beverages, including milk and natural fruit and vegetable juice, in the checkout areas of the store. The bill would require the department and the local health agency having jurisdiction over the store to administer and enforce the act. The bill would make a violation of its provisions an infraction, and would require the first violation to result in a notice of violation. The bill would make the 2nd and 3rd violations within a 5-year period punishable by fines of not more than $250 and $500, respectively. By imposing additional duties on local enforcement agencies and by creating a new crime, the bill would impose a state-mandated local program. The bill would authorize the department to promulgate regulations to carry out these provisions. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.