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An Act To Provide a Healthy Learning Environment in Early Care Settings by Requiring Rules Concerning Nutrition and Physical Activity
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 22 MRSA §8302-A, sub-§1, ¶I, as amended by PL 2015, c. 497, §2, is further amended to read:
 
I. Licensing procedures; and
Sec. 2. 22 MRSA §8302-A, sub-§1, ¶J, as enacted by PL 2015, c. 497, §2, is amended to read:
 
J. Requiring a criminal background check for:
 
(1) Each child care staff member whose activities involve the care or supervision of children; and
 
(2) Each adult who has unsupervised access to children who are cared for or supervised by a child care facility.
 
The criminal background check must meet the requirements of 42 United States Code, Section 9858f(b).;
Sec. 3.  22 MRSA §8302-A, sub-§1, ¶¶K and L  are enacted to read:
 
K.  The provision of nutritious foods that contribute to the wellness, healthy growth and development of young children. Rules adopted under this paragraph must meet standards established under the United States Department of Agriculture, Food and Nutrition Service, Child and Adult Care Food Program; and
 
L.  Physical activity and recreational screen time. Rules adopted under this paragraph must establish standards for evidence-based and age-appropriate physical activity and recreational screen time. For the purpose of this paragraph, "screen time" means sedentary activities done in front of a screen, such as watching television, working on a computer and playing video games.
Sec. 4. 22 MRSA §8302-A, sub-§2, as amended by PL 2015, c. 497, §3, is further amended to read:
 
2. Rules for family child care providers.   Rules for family child care providers must include, and are limited to, rules pertaining to the following:
 
A. Cardiopulmonary resuscitation;
 
B. Water for drinking and cooking;
 
C. Wastewater;
 
D. Rabies vaccinations for pets;
 
E. Recording the times, reasons and numbers of children involved when more than 12 children are cared for;
 
F. Ongoing training for providers on health and safety issues, including training on communicable diseases. This training must be offered at times that are convenient to the providers;
 
G. Child to staff ratios;
 
H. Health and safety of the children and staff;
 
I. Procedures for waivers of rules and for suspension and revocation of certification;
 
J. The age, criminal record and personal history of the family child care provider, staff and members of the household; and
 
K. Requiring a criminal background check for:
 
(1) The family child care provider;
 
(2) Each child care staff member whose activities involve the care or supervision of children; and
 
(3) Each adult who has unsupervised access to children who are cared for or supervised by the family child care provider.
 
The criminal background check must meet the requirements of 42 United States Code, Section 9858f(b).;
 
L.  The provision of nutritious foods that contribute to the wellness, healthy growth and development of young children. Rules adopted under this paragraph must meet standards established under the United States Department of Agriculture, Food and Nutrition Service, Child and Adult Care Food Program; and
 
M.  Physical activity and recreational screen time. Rules adopted under this paragraph must establish standards for evidence-based and age-appropriate physical activity and recreational screen time. For the purpose of this paragraph, "screen time" means sedentary activities done in front of a screen, such as watching television, working on a computer and playing video games.
 
Rules adopted pursuant to paragraphs A to F and L and M are routine technical rules pursuant to Title 5, chapter 375, subchapter 2-A and rules adopted pursuant to paragraphs G to K are major substantive rules pursuant to Title 5, chapter 375, subchapter 2-A.
 
SUMMARY
This bill provides that rules adopted by the Department of Health and Human Services for child care facilities and family child care providers must include rules pertaining to physical activity and recreational screen time and the provision of nutritious foods that contribute to the wellness, healthy growth and development of young children.