Post on 10-May-2018
Promoting Healthy Eating in Minnesota Communities:
How the Public Health Law Center Can Help You
March 4, 2015
Any legal information provided in this presentation does not constitute legal advice or legal representation.
The Public Health Law Center
We do:
• Legal research
• Policy development
• Publications
• Trainings
We don’t:
• Direct representation
• Lobby
http://www.publichealthlawcenter.org/sites/default/files/resources/phlc%20legal%20technical%20assist%20f
lyer%20FINAL%20%28Oct%202014%29_0.pdf
Michelle Hersh
Staff Attorney
Public Health Law Center
Mary Marrow
Staff Attorney
Public Health Law Center
Meet the team…
Meet the team…
Julie Ralston Aoki
Staff Attorney
Public Health Law Center
Natasha Frost
Staff Attorney
Public Health Law Center
Objective
Providing examples of how the Public Health Law Center can
support healthy eating policy, systems, and environmental change
initiatives in Minnesota.
SHIP Healthy Eating Strategies
Current SHIP Strategies:
K-12 Schools – Farm to School, School Wellness
Community Settings - Healthier eating in child care,
communities
Comprehensive Worksite Wellness
New SHIP Strategies – Coming Soon…………
A tool to create healthy,
prosperous communities. It offers
ways to ensure that nourishing
food is accessible today and for
future generations.
http://mnfoodcharter.com/
Components of Local Food System
Source: Minnesota Food Charter
Policy, Systems, and Environmental Change
Promising
Community
Practices
Integrated
Approach
Community
Engagement
Policy,
Systems,
Environment Programs/
Projects
Healthy Food in Public Places
Worksites/organizations Retail/community
Key Components
Reducing
consumption of
unhealthy options
Promoting
consumption of
healthy options
© Public Health Law Center
http://www.entrepreneur.com/blog/224077
Key Components
Promote
the
“healthy”
Dis-
courage
the “un-
healthy”
What is “healthy”?
Nutrition
Standards
The 4 Ps of Marketing
product price placement promotion
Law vs. Policy: Legislative Policy Levers
Statutes, resolutions, ordinances
Eagan, Eden Prairie —Healthy Eating/Active Living
Resolutions
Seattle healthy vending ordinances 124128 (2013 —
city property) and 123765 (2011-- parks)
Tribal Resolution (2013)
Food policy councils
Comprehensive plans
Law vs. Policy: Organizational
Policy/Systems Levers
Food policy councils
Food procurement practices/manuals
Organizational policies
Worksite wellness
Contracts/RFPs
Legal Technical Assistance
Food marketing regulation do’s and don’ts
Understanding vendor contracts
Incorporating the 4 Ps into contracts,
requests for proposals, and policies
Connecting the dots—community health
needs assessments
Writing policy language
Keeping it real
Healthy Retail Settings
Laws and ordinances examples
Minneapolis staple foods ordinance—Title
10, Chapter 203
Menu labeling
Healthy kids meals
Policies institutionalizing
programs
Retail assessments
Role of deregulation
Legal Technical Assistance
Understanding the legal
landscape—e.g., menu labeling,
slotting fees
Identifying interplay with
federal nutrition programs
requirements like SNAP, WIC
Informing assessment tool
development
Healthy Vending/Concessions
Healthy Beverages in
Healthcare Toolkit
Guide
Fact sheets on:
What about artificial
sweeteners?
Comparisons of
hospital pledge
programs
Sample FAQ
And more
Local Planning
Food Access/Food
System
Local Planning
Intersection Between Food and Planning
Legal Technical Assistance:
Layers of Local/Regional Government Planning in
Minnesota
Metropolitan Council
Counties
Cities Township
Legal Technical Assistance:
What’s in a nameComprehensive plan
Comprehensive municipal
plan.
Community-based
comprehensive municipal plan
Community-based
comprehensive plan
Metropolitan system plans
Community facilities plan
Land use plan
Development guide
Legal Technical Assistance:
Minnesota System-wide Local Planning Mechanisms
Metro Area - Regional Planning – Met Council
Cities
Land Use
Transportation
Community Facitilties
Developement
Capital Improvement
Urban Growth
Counties
Land Use
Open Space
Local Water Management
Transportation
Community Faciltities
Development
Met Council
Solid WasteWater
Resources/Water Supply
Development Gude
Land Use
System Plans
Transportation
Recreation/Open Space
Wastewater
LiveableCommunitites
(Housing)
Legal Technical Assistance:
Minnesota System-wide Local Planning MechanismsMetro Area - Regional Planning – Met Council
Cities
Land Use
Transportation
Community Facitilties
Development
Capital Improvement
Urban Growth
Counties
Land Use
Open Space
Local Water Management
Transportation
Community Faciltities
Development
Met Council
Solid WasteWater
Resources/Water Supply
Development Gude
Land Use
System Plans
Transportation
Recreation/Open Space
Wastewater
LiveableCommunitites
(Housing)
Where does food fit in local planning system?
Does food need to be its own, separate component – or can it be
part of/integrated into the other defined systems of local planning?
Purpose of Local PlanningLocal Gov. Police Powers/Planning, Zoning/Municipal Planning
to insure a safer, more pleasant and more economical environment for
residential, commercial, industrial and public activities,
to preserve agricultural and other open lands, and
to promote the public health, safety, and general welfare.
Minn. Stat. § 462.351 (2014).
Counties . . . / Planning, Development, Zoning
to promote the health, safety, morals and general welfare.
Minn. Stat. § 394.21 (2014).
Metropolitan Area/Metropolitan Government/Land Use Planning
coordinate the plans of the local jurisdictions to “protect the health, safety,
and welfare of residents” and also to ensure “orderly, and economic
development.”
Minn. Stat. § 473.851 (2014).
Legal Technical Assistance:
Implementing Local Plans - Local Government Official
Controls
Zoning / Land use
Ordinances (including
licensing, permitting, fees)
Local planning
Development/
Subdivision Planning
Sanitary Codes (solid
waste management –
composting, recycling)
Access to Healthy Food Tools
http://www.publichealthlawcenter.org/resources/food-policy-council-resources
Hunger Relief Initiatives
Food Shelves
Mobile Food Shelves
Mobile Markets
Meal Programs
Legal/Policy Issues
Organizational policies incorporating nutrition
standards
Contracting and bidding for food suppliers
Driver and vehicle laws impacting mobile food
delivery
Impact of local regulations on food delivery and
Donations of food and developing policies to
address donations of healthy food
Legal Technical Assistance
Identifying state laws and local
ordinances impacting hunger relief
efforts
Developing organizational policies
incorporating nutrition standards and
increasing access to healthy food
Recognizing food safety issues
Exploring tax incentives for food donations
Understanding food and date labeling impacting food
donations
http://www.publichealthlawcenter.org/sites/default/files/resources/Liability%20Protect
ion%20Food%20Donation.pdf
K-12 School Food EnvironmentDuring the School Day:
Meal Programs – School Breakfast and Lunch
“Competitive Foods”/Smart Snacks
Classroom Celebrations/Classroom Food
Some Fundraisers
Outside of School Day
Some Fundraisers
Concessions/Booster Clubs
Vending
How is the school setting regulated?
Legal Technical Assistance
Navigating food safety concerns impacting local, fresh foods
Understanding legal and policy universe impacting school
food environment - federal regulations, state laws, and local
school board policies
Incorporating farm to school initiatives into school policies
Using geographic preference to increase access to local foods
Developing local school district policies to increase access to
healthy food
Increasing Access to Healthy Food in K-12 Schools
http://www.publichealthlawcenter.org/sites/defaul
t/files/Procurement%20Webinar%20Apr%2017%
202012_1.pdf
http://www.publichealthlawcenter.org/res
ources/feeding-americas-schoolchildren-
resources-public-health-and-school-
stakeholders
School Policies Promoting Access to Healthy Food
Promoting Health in Minnesota Schools: “No
Punishment or Reward” Policies
Promoting Health in Minnesota Schools: School Health
Councils
Promoting Health in Minnesota Schools: Healthy
Classroom Snacks and Celebrations
Promoting Health in Minnesota Schools: Healthy
Concessions
Promoting Health in Minnesota Schools: Healthy
Fundraising
Promoting Health in Minnesota Schools: School
Gardens
Promoting Health in Minnesota Schools: Farm to
School
http://www.publichealthlawcenter.org/res
ources/promoting-health-minnesota-
schools-school-wellness-policies
Child Care Initiatives
Implementation of State Licensing Regulations
Child and Adult Care Food Program Participation
Child Care Provider Trainings and Policy
Development
Farm to Child Care
Breastfeeding Friendly Child Care
Child Care EnvironmentTypes of Child Care
Child Care Centers
Small Family Homes
Unlicensed Care
Legal Technical Assistance
Developing child care facility policies to increase access to
healthy foods, including breast milk
Understanding the state licensing regulations that govern
child care providers, including CACFP
Navigating food safety requirements and concerns impacting
local, fresh foods and breast milk
Framing the child care context and provider perspective on
barriers to access to healthy foods, including breast milk
http://www.publichealthlawcenter.org/resources
/minnesota-child-care-toolkit
http://www.publichealthlawcenter.org/resources
/minnesota-farm-child-care
Out-of-School Time Initiatives
Child and Adult Care Food Program Participation
School Wellness Policies
OST Provider Trainings and Policy Development
Implementation of State Licensing Regulations
Legal Technical Assistance
Navigating food safety concerns impacting local, fresh foods
Understanding federal, state and local regulations impacting
OST food environment
Understanding how state child care licensing laws impact
OST settings
Incorporating nutrition standards into OST program policies
Developing local school district policies to allow for OST
programming on school property
http://www.publichealthlawcenter.org/resources
/minnesota-afterschool-and-out-school-time-
toolkit-healthy-eating-and-physical-activity
What do resources do?
Answer common questions
Provide direction
Give concrete examples of how
different initiatives have been
approached
Identifies additional resources
Provides legal context re: impact of
Minnesota laws
Gives common language to discuss
efforts
Provide sample language
How can I use a resource?
Frame conversation at
leadership meetings
Share with community
partners and stakeholders to
build support
Educate decision makers
Develop talking points for
presentations
Create messaging for
community outreach
PHLC Resources
www.publichealthlawcenter.org
Julie
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www.twitter.com/phealthlawctr
@phealthlawctr
www.publichealthlawcenter.org
For Legal Technical Assistance Contact:
Mary.Marrow@wmitchell.edu / (651) 695-7605