An Act To Provide a Healthy Learning Environment in Early Care Settings by Requiring Rules Concerning Nutrition and Physical Activity
Maine Legislature, Session 128, LD 0999
Committee: Health and Human Services
Sponsors: TERRY, HICKMAN, CHENETTE
Amends: 22 MRSA §8302-A

Legislative Document
No. 999
H.P. 700
House of Representatives, March 14, 2017
An Act To Provide a Healthy Learning Environment in Early Care 
Settings by Requiring Rules Concerning Nutrition and Physical 
Activity
Reference to the Committee on Health and Human Services suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative TERRY of Gorham.
Cosponsored by Representative: HICKMAN of Winthrop, Senator: CHENETTE of York.
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 
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.