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.publichealthlawcenter.org

For Legal Technical Assistance Contact:

Mary.Marrow@wmitchell.edu / (651) 695-7605