California 2017 2017-2018 Regular Session

California Senate Bill SB1138 Amended / Bill

Filed 03/22/2018

                    Amended IN  Senate  March 22, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 1138Introduced by Senator SkinnerFebruary 13, 2018 An act relating to nutrition. to add Section 1265.10 to the Health and Safety Code, and to amend Section 2084 of the Penal Code, relating to nutrition.LEGISLATIVE COUNSEL'S DIGESTSB 1138, as amended, Skinner. Healthy food options. Food options: plant-based meals.(1) Existing law requires a licensed general acute care hospital, acute psychiatric hospital, skilled nursing facility, intermediate care facility, special hospital, and nursing facility to employ a dietitian. Existing law imposes criminal sanctions for a violation of provisions, or willful or repeated violations of rules or regulations adopted pursuant to provisions, relating to these licensed facilities.This bill would require these licensed facilities to make available wholesome, plant-based meals of such variety as to meet the needs of patients in accordance with their physicians orders. The bill would exclude this requirement from the criminal sanctions.(2) Existing law requires each inmate to be provided with sufficient plain and wholesome food of such variety as may be most conducive to good health.This bill would require the food provided to inmates to include the availability of plant-based meals.(3) This bill would make legislative findings and declarations in support of its provisions.Existing law establishes, until July 1, 2023, the California Healthy Food Financing Initiative for the purpose of supporting access to healthy food for all Californians. Existing law also establishes, within the State Department of Education, the California Fresh Start Pilot Program to provide fresh fruits and vegetables for public school pupils. Existing law provides for the licensure and regulation of certain hospitals by the State Department of Public Health. Existing law provides for the establishment and administration of state prisons and county jails for the confinement of persons who are convicted of crimes.This bill would state the intent of the Legislature to enact legislation to ensure that pupils in schools, patients in hospitals, and inmates in prisons, that are administered by the state or private entities, are provided with healthy food options, by requiring schools, hospitals, and prisons, that are administered by the state or private entities, to provide plant-based meal options.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: NOYES  Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares all of the following:(a) Public institutions such as licensed health care facilities and state prisons that provide food to captive audiences have a particular responsibility to provide the healthiest possible food options. Plant-based meals have no cholesterol, provide much needed fiber and other nutrients, are acceptable to most religions and ethical dietary beliefs, and pose fewer problems for people with common food sensitivities, including egg and dairy allergies.(b) In 2017, the American Medical Association adopted a policy, entitled Healthy Food Options in Hospitals (H-150.949), that calls on hospitals to improve the health of patients, staff, and visitors by providing a variety of healthful food, including plant-based meals.(c) Inmates are required to be provided with sufficient plain and wholesome food of such variety as may be most conducive to good health. Plant-based meals, containing the healthiest possible foods, are mostly unavailable to inmates. Vegetarian meals are required to be provided upon request of an inmate with any religious, personal, or ethical dietary need, but often times, these meals are not strictly plant based and contain milk or egg products.(d) Requiring plant-based meals to be served in licensed California health care facilities and state prisons will help address cancer prevention and provide an example of healthful eating to the general public.SEC. 2. Section 1265.10 is added to the Health and Safety Code, to read:1265.10. (a) A licensed health facility, as defined in subdivision (a), (b), (c), (d), (f), or (k) of Section 1250, shall make available wholesome, plant-based meals of such variety as to meet the needs of patients in accordance with their physicians orders.(b) Notwithstanding any other law, including, but not limited to, Section 1290, a violation of this section shall not constitute a crime.(c) For the purposes of this section, plant-based meals shall mean entire meals that contain no animal products or byproducts, including meat, poultry, fish, dairy, or eggs.SEC. 3. Section 2084 of the Penal Code is amended to read:2084. (a) The department shall provide each prisoner with a bed, sufficient covering of blankets, and with garments of substantial material and of distinctive manufacture, and with sufficient plain and wholesome food of such variety as may be most conducive to good health. health and that shall include the availability of plant-based meals.(b) For the purposes of this section, plant-based meals shall mean entire meals that contain no animal products or byproducts, including meat, poultry, fish, dairy, or eggs.SECTION 1.It is the intent of the Legislature to enact legislation to ensure that pupils in schools, patients in hospitals, and inmates in prisons, that are administered by the state or private entities, are provided with healthy food options, which are a central aspect of the management of obesity, diabetes, cardiovascular disease, and many other conditions, by requiring schools, hospitals, and prisons, that are administered by the state or private entities, to provide plant-based meal options.

 Amended IN  Senate  March 22, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 1138Introduced by Senator SkinnerFebruary 13, 2018 An act relating to nutrition. to add Section 1265.10 to the Health and Safety Code, and to amend Section 2084 of the Penal Code, relating to nutrition.LEGISLATIVE COUNSEL'S DIGESTSB 1138, as amended, Skinner. Healthy food options. Food options: plant-based meals.(1) Existing law requires a licensed general acute care hospital, acute psychiatric hospital, skilled nursing facility, intermediate care facility, special hospital, and nursing facility to employ a dietitian. Existing law imposes criminal sanctions for a violation of provisions, or willful or repeated violations of rules or regulations adopted pursuant to provisions, relating to these licensed facilities.This bill would require these licensed facilities to make available wholesome, plant-based meals of such variety as to meet the needs of patients in accordance with their physicians orders. The bill would exclude this requirement from the criminal sanctions.(2) Existing law requires each inmate to be provided with sufficient plain and wholesome food of such variety as may be most conducive to good health.This bill would require the food provided to inmates to include the availability of plant-based meals.(3) This bill would make legislative findings and declarations in support of its provisions.Existing law establishes, until July 1, 2023, the California Healthy Food Financing Initiative for the purpose of supporting access to healthy food for all Californians. Existing law also establishes, within the State Department of Education, the California Fresh Start Pilot Program to provide fresh fruits and vegetables for public school pupils. Existing law provides for the licensure and regulation of certain hospitals by the State Department of Public Health. Existing law provides for the establishment and administration of state prisons and county jails for the confinement of persons who are convicted of crimes.This bill would state the intent of the Legislature to enact legislation to ensure that pupils in schools, patients in hospitals, and inmates in prisons, that are administered by the state or private entities, are provided with healthy food options, by requiring schools, hospitals, and prisons, that are administered by the state or private entities, to provide plant-based meal options.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: NOYES  Local Program: NO 

 Amended IN  Senate  March 22, 2018

Amended IN  Senate  March 22, 2018

 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION

Senate Bill No. 1138

Introduced by Senator SkinnerFebruary 13, 2018

Introduced by Senator Skinner
February 13, 2018

 An act relating to nutrition. to add Section 1265.10 to the Health and Safety Code, and to amend Section 2084 of the Penal Code, relating to nutrition.

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

SB 1138, as amended, Skinner. Healthy food options. Food options: plant-based meals.

(1) Existing law requires a licensed general acute care hospital, acute psychiatric hospital, skilled nursing facility, intermediate care facility, special hospital, and nursing facility to employ a dietitian. Existing law imposes criminal sanctions for a violation of provisions, or willful or repeated violations of rules or regulations adopted pursuant to provisions, relating to these licensed facilities.This bill would require these licensed facilities to make available wholesome, plant-based meals of such variety as to meet the needs of patients in accordance with their physicians orders. The bill would exclude this requirement from the criminal sanctions.(2) Existing law requires each inmate to be provided with sufficient plain and wholesome food of such variety as may be most conducive to good health.This bill would require the food provided to inmates to include the availability of plant-based meals.(3) This bill would make legislative findings and declarations in support of its provisions.Existing law establishes, until July 1, 2023, the California Healthy Food Financing Initiative for the purpose of supporting access to healthy food for all Californians. Existing law also establishes, within the State Department of Education, the California Fresh Start Pilot Program to provide fresh fruits and vegetables for public school pupils. Existing law provides for the licensure and regulation of certain hospitals by the State Department of Public Health. Existing law provides for the establishment and administration of state prisons and county jails for the confinement of persons who are convicted of crimes.This bill would state the intent of the Legislature to enact legislation to ensure that pupils in schools, patients in hospitals, and inmates in prisons, that are administered by the state or private entities, are provided with healthy food options, by requiring schools, hospitals, and prisons, that are administered by the state or private entities, to provide plant-based meal options.

(1) Existing law requires a licensed general acute care hospital, acute psychiatric hospital, skilled nursing facility, intermediate care facility, special hospital, and nursing facility to employ a dietitian. Existing law imposes criminal sanctions for a violation of provisions, or willful or repeated violations of rules or regulations adopted pursuant to provisions, relating to these licensed facilities.

This bill would require these licensed facilities to make available wholesome, plant-based meals of such variety as to meet the needs of patients in accordance with their physicians orders. The bill would exclude this requirement from the criminal sanctions.

(2) Existing law requires each inmate to be provided with sufficient plain and wholesome food of such variety as may be most conducive to good health.

This bill would require the food provided to inmates to include the availability of plant-based meals.

(3) This bill would make legislative findings and declarations in support of its provisions.

Existing law establishes, until July 1, 2023, the California Healthy Food Financing Initiative for the purpose of supporting access to healthy food for all Californians. Existing law also establishes, within the State Department of Education, the California Fresh Start Pilot Program to provide fresh fruits and vegetables for public school pupils. Existing law provides for the licensure and regulation of certain hospitals by the State Department of Public Health. Existing law provides for the establishment and administration of state prisons and county jails for the confinement of persons who are convicted of crimes.



This bill would state the intent of the Legislature to enact legislation to ensure that pupils in schools, patients in hospitals, and inmates in prisons, that are administered by the state or private entities, are provided with healthy food options, by requiring schools, hospitals, and prisons, that are administered by the state or private entities, to provide plant-based meal options.



## Digest Key

## Bill Text

The people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares all of the following:(a) Public institutions such as licensed health care facilities and state prisons that provide food to captive audiences have a particular responsibility to provide the healthiest possible food options. Plant-based meals have no cholesterol, provide much needed fiber and other nutrients, are acceptable to most religions and ethical dietary beliefs, and pose fewer problems for people with common food sensitivities, including egg and dairy allergies.(b) In 2017, the American Medical Association adopted a policy, entitled Healthy Food Options in Hospitals (H-150.949), that calls on hospitals to improve the health of patients, staff, and visitors by providing a variety of healthful food, including plant-based meals.(c) Inmates are required to be provided with sufficient plain and wholesome food of such variety as may be most conducive to good health. Plant-based meals, containing the healthiest possible foods, are mostly unavailable to inmates. Vegetarian meals are required to be provided upon request of an inmate with any religious, personal, or ethical dietary need, but often times, these meals are not strictly plant based and contain milk or egg products.(d) Requiring plant-based meals to be served in licensed California health care facilities and state prisons will help address cancer prevention and provide an example of healthful eating to the general public.SEC. 2. Section 1265.10 is added to the Health and Safety Code, to read:1265.10. (a) A licensed health facility, as defined in subdivision (a), (b), (c), (d), (f), or (k) of Section 1250, shall make available wholesome, plant-based meals of such variety as to meet the needs of patients in accordance with their physicians orders.(b) Notwithstanding any other law, including, but not limited to, Section 1290, a violation of this section shall not constitute a crime.(c) For the purposes of this section, plant-based meals shall mean entire meals that contain no animal products or byproducts, including meat, poultry, fish, dairy, or eggs.SEC. 3. Section 2084 of the Penal Code is amended to read:2084. (a) The department shall provide each prisoner with a bed, sufficient covering of blankets, and with garments of substantial material and of distinctive manufacture, and with sufficient plain and wholesome food of such variety as may be most conducive to good health. health and that shall include the availability of plant-based meals.(b) For the purposes of this section, plant-based meals shall mean entire meals that contain no animal products or byproducts, including meat, poultry, fish, dairy, or eggs.SECTION 1.It is the intent of the Legislature to enact legislation to ensure that pupils in schools, patients in hospitals, and inmates in prisons, that are administered by the state or private entities, are provided with healthy food options, which are a central aspect of the management of obesity, diabetes, cardiovascular disease, and many other conditions, by requiring schools, hospitals, and prisons, that are administered by the state or private entities, to provide plant-based meal options.

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

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

SECTION 1. The Legislature finds and declares all of the following:(a) Public institutions such as licensed health care facilities and state prisons that provide food to captive audiences have a particular responsibility to provide the healthiest possible food options. Plant-based meals have no cholesterol, provide much needed fiber and other nutrients, are acceptable to most religions and ethical dietary beliefs, and pose fewer problems for people with common food sensitivities, including egg and dairy allergies.(b) In 2017, the American Medical Association adopted a policy, entitled Healthy Food Options in Hospitals (H-150.949), that calls on hospitals to improve the health of patients, staff, and visitors by providing a variety of healthful food, including plant-based meals.(c) Inmates are required to be provided with sufficient plain and wholesome food of such variety as may be most conducive to good health. Plant-based meals, containing the healthiest possible foods, are mostly unavailable to inmates. Vegetarian meals are required to be provided upon request of an inmate with any religious, personal, or ethical dietary need, but often times, these meals are not strictly plant based and contain milk or egg products.(d) Requiring plant-based meals to be served in licensed California health care facilities and state prisons will help address cancer prevention and provide an example of healthful eating to the general public.

SECTION 1. The Legislature finds and declares all of the following:(a) Public institutions such as licensed health care facilities and state prisons that provide food to captive audiences have a particular responsibility to provide the healthiest possible food options. Plant-based meals have no cholesterol, provide much needed fiber and other nutrients, are acceptable to most religions and ethical dietary beliefs, and pose fewer problems for people with common food sensitivities, including egg and dairy allergies.(b) In 2017, the American Medical Association adopted a policy, entitled Healthy Food Options in Hospitals (H-150.949), that calls on hospitals to improve the health of patients, staff, and visitors by providing a variety of healthful food, including plant-based meals.(c) Inmates are required to be provided with sufficient plain and wholesome food of such variety as may be most conducive to good health. Plant-based meals, containing the healthiest possible foods, are mostly unavailable to inmates. Vegetarian meals are required to be provided upon request of an inmate with any religious, personal, or ethical dietary need, but often times, these meals are not strictly plant based and contain milk or egg products.(d) Requiring plant-based meals to be served in licensed California health care facilities and state prisons will help address cancer prevention and provide an example of healthful eating to the general public.

SECTION 1. The Legislature finds and declares all of the following:

### SECTION 1.

(a) Public institutions such as licensed health care facilities and state prisons that provide food to captive audiences have a particular responsibility to provide the healthiest possible food options. Plant-based meals have no cholesterol, provide much needed fiber and other nutrients, are acceptable to most religions and ethical dietary beliefs, and pose fewer problems for people with common food sensitivities, including egg and dairy allergies.

(b) In 2017, the American Medical Association adopted a policy, entitled Healthy Food Options in Hospitals (H-150.949), that calls on hospitals to improve the health of patients, staff, and visitors by providing a variety of healthful food, including plant-based meals.

(c) Inmates are required to be provided with sufficient plain and wholesome food of such variety as may be most conducive to good health. Plant-based meals, containing the healthiest possible foods, are mostly unavailable to inmates. Vegetarian meals are required to be provided upon request of an inmate with any religious, personal, or ethical dietary need, but often times, these meals are not strictly plant based and contain milk or egg products.

(d) Requiring plant-based meals to be served in licensed California health care facilities and state prisons will help address cancer prevention and provide an example of healthful eating to the general public.

SEC. 2. Section 1265.10 is added to the Health and Safety Code, to read:1265.10. (a) A licensed health facility, as defined in subdivision (a), (b), (c), (d), (f), or (k) of Section 1250, shall make available wholesome, plant-based meals of such variety as to meet the needs of patients in accordance with their physicians orders.(b) Notwithstanding any other law, including, but not limited to, Section 1290, a violation of this section shall not constitute a crime.(c) For the purposes of this section, plant-based meals shall mean entire meals that contain no animal products or byproducts, including meat, poultry, fish, dairy, or eggs.

SEC. 2. Section 1265.10 is added to the Health and Safety Code, to read:

### SEC. 2.

1265.10. (a) A licensed health facility, as defined in subdivision (a), (b), (c), (d), (f), or (k) of Section 1250, shall make available wholesome, plant-based meals of such variety as to meet the needs of patients in accordance with their physicians orders.(b) Notwithstanding any other law, including, but not limited to, Section 1290, a violation of this section shall not constitute a crime.(c) For the purposes of this section, plant-based meals shall mean entire meals that contain no animal products or byproducts, including meat, poultry, fish, dairy, or eggs.

1265.10. (a) A licensed health facility, as defined in subdivision (a), (b), (c), (d), (f), or (k) of Section 1250, shall make available wholesome, plant-based meals of such variety as to meet the needs of patients in accordance with their physicians orders.(b) Notwithstanding any other law, including, but not limited to, Section 1290, a violation of this section shall not constitute a crime.(c) For the purposes of this section, plant-based meals shall mean entire meals that contain no animal products or byproducts, including meat, poultry, fish, dairy, or eggs.

1265.10. (a) A licensed health facility, as defined in subdivision (a), (b), (c), (d), (f), or (k) of Section 1250, shall make available wholesome, plant-based meals of such variety as to meet the needs of patients in accordance with their physicians orders.(b) Notwithstanding any other law, including, but not limited to, Section 1290, a violation of this section shall not constitute a crime.(c) For the purposes of this section, plant-based meals shall mean entire meals that contain no animal products or byproducts, including meat, poultry, fish, dairy, or eggs.



1265.10. (a) A licensed health facility, as defined in subdivision (a), (b), (c), (d), (f), or (k) of Section 1250, shall make available wholesome, plant-based meals of such variety as to meet the needs of patients in accordance with their physicians orders.

(b) Notwithstanding any other law, including, but not limited to, Section 1290, a violation of this section shall not constitute a crime.

(c) For the purposes of this section, plant-based meals shall mean entire meals that contain no animal products or byproducts, including meat, poultry, fish, dairy, or eggs.

SEC. 3. Section 2084 of the Penal Code is amended to read:2084. (a) The department shall provide each prisoner with a bed, sufficient covering of blankets, and with garments of substantial material and of distinctive manufacture, and with sufficient plain and wholesome food of such variety as may be most conducive to good health. health and that shall include the availability of plant-based meals.(b) For the purposes of this section, plant-based meals shall mean entire meals that contain no animal products or byproducts, including meat, poultry, fish, dairy, or eggs.

SEC. 3. Section 2084 of the Penal Code is amended to read:

### SEC. 3.

2084. (a) The department shall provide each prisoner with a bed, sufficient covering of blankets, and with garments of substantial material and of distinctive manufacture, and with sufficient plain and wholesome food of such variety as may be most conducive to good health. health and that shall include the availability of plant-based meals.(b) For the purposes of this section, plant-based meals shall mean entire meals that contain no animal products or byproducts, including meat, poultry, fish, dairy, or eggs.

2084. (a) The department shall provide each prisoner with a bed, sufficient covering of blankets, and with garments of substantial material and of distinctive manufacture, and with sufficient plain and wholesome food of such variety as may be most conducive to good health. health and that shall include the availability of plant-based meals.(b) For the purposes of this section, plant-based meals shall mean entire meals that contain no animal products or byproducts, including meat, poultry, fish, dairy, or eggs.

2084. (a) The department shall provide each prisoner with a bed, sufficient covering of blankets, and with garments of substantial material and of distinctive manufacture, and with sufficient plain and wholesome food of such variety as may be most conducive to good health. health and that shall include the availability of plant-based meals.(b) For the purposes of this section, plant-based meals shall mean entire meals that contain no animal products or byproducts, including meat, poultry, fish, dairy, or eggs.



2084. (a) The department shall provide each prisoner with a bed, sufficient covering of blankets, and with garments of substantial material and of distinctive manufacture, and with sufficient plain and wholesome food of such variety as may be most conducive to good health. health and that shall include the availability of plant-based meals.

(b) For the purposes of this section, plant-based meals shall mean entire meals that contain no animal products or byproducts, including meat, poultry, fish, dairy, or eggs.



It is the intent of the Legislature to enact legislation to ensure that pupils in schools, patients in hospitals, and inmates in prisons, that are administered by the state or private entities, are provided with healthy food options, which are a central aspect of the management of obesity, diabetes, cardiovascular disease, and many other conditions, by requiring schools, hospitals, and prisons, that are administered by the state or private entities, to provide plant-based meal options.