Paul Stam

Say goodbye to the juice box.  A vote of 63 to 45 in the House gave tentative approval Thursday to a measure that would dictate what children could have to drink in private child care facilities.

House Bill 1726

These dictates would include a prohibition against serving sugar-sweetened beverages to children of any age; a prohibition against serving whole milk to children two years of age or older; a prohibition against serving flavored milk to any child; an absolute daily limit of six ounces of juice for any child regardless of age or how long the child is cared for; and a prohibition against juice served in a bottle, regardless of age.  Primary sponsors are Democratic Representatives Jennifer Weiss (D-Wake), Bob England (D-Rutherford), Marian McLawhorn (D-Pitt) and Doug Yongue (D-Scotland).

These mandates would apply to every child in child care, without regard to each child’s health or nutritional needs, and without regard to parental wishes.   These requirements go well beyond current minimum nutrition standards for day care centers.  HB 1726 will be up for a final vote in the House Monday night and then must be considered by the Senate.

“This is a prime example of a well-intentioned idea – to help prevent childhood obesity – turning into a means for the state to control yet another aspect of our lives,” said Rep. Paul Stam (R-Wake).  “Parents who choose child care should not be subjected to the nanny-state mentality that government always knows best for the family.”

For excerpts from the floor debate, please see below.

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Rep. Weiss’ Debate   

“Thank you, Mr. Speaker and members. This bill comes to us from the Legislative Task Force on Childhood Obesity. As you know, we have an obesity epidemic in this country and in North Carolina with our children. And the title explains that it addresses the nutrition and physical activity standards in childcare facilities. It is based on recommendations from the American Academy of Pediatricians, has the support of the American Cancer Society and the Heart Association and it is supported by the Childcare Coalition Folks. I would ask for your support. If you want, I can give you all kinds of statistics about children and their health problems and lifelong implications of obesity and how the obesity rate is increasing. But I will spare you that since you’re all hungry.  I’d ask for your support and be happy to answer any questions.”   

Rep. Stam’s First Debate   

“Again, I apologize. I’m reading this for the first time today and I see that we’re going to make a rule that even if a parent wants their skinny kid to fatten up by having some milk, or chocolate milk – we’re going to have a rule against it. Is that what we’re doing here? That’s a rhetorical question because it says that’s exactly what we’re doing here. That we’re going to solve the obesity problem by adopting a rule that applies to all children in daycare no matter the individual needs or the individual conditions of that child. I’m hoping someone will pop up and show me where I’m wrong.   

Rep. Martin’s Debate   

“Thank you, Mr. Speaker. Just want to reemphasize one point that’s already been made. This does not restrict the ability of the parent when the child comes home from daycare to fatten that child up as much as they want to. They can cram him with ice cream, sweets, 50% fat milk, anything they want. All this says is when they are in daycare certain standards apply. I think there’s a good point that’s been made – why punish the children who are skinny whose parents might need to fatten them up in daycare. Any of y’all who have ever had a kid in daycare, who have a kid in school do not want to hear your child coming home and saying, ‘Why can Judy have chocolate milk, 50% fat chocolate milk and I can’t?’ It would be a nightmare for the people who run daycares and the teachers. You do not want that happening. It is important that we have a consistency in our daycare centers.”   

Rep. Blust: “Mr. Speaker?”   

Speaker Hackney: “For what purpose does the gentleman from Guilford, Rep. Blust, arise?”   

Rep. Blust: “To see if Rep. Martin would yield for a question.”   

Speaker Hackney: “Does Rep. Martin yield? He yields.”   

Rep. Blust: “Rep. Martin, if this goes forward and the state can determine what a child eats at the daycare, what is to stop that same government from later saying, ‘We’re going to determine what the child can eat in the home too.’ What’s the difference right there?”   

Rep. Martin: “Mr. Speaker, I’ve got an easy answer for you. Rep. Blust, it would take all of us, or at least a majority of the General Assembly voting that way. And I’d expect you’ll still be here should anyone actually introduce such a bill to vote against it and I will join you in voting against it…Everyone who has spoken on this, pro or con, seems to acknowledge that childhood obesity is a problem. Wishing for a solution ain’t going to make it so. We’ve got to take action.”   

Rep. Stam’s Second Debate   

“I’d like to point out a couple of things. First of all, the sponsor told Rep. Wiley that of course this Commission could make exceptions for children in particular situations, at least that’s what I thought I heard. That’s not the case. The bill itself says on line 19 that ‘nutrition standards shall include all of the following.” And what it includes are prohibitions, requirements, etc. It doesn’t say ‘subject to such exceptions as the Commission shall say.’   

Secondly, my friend, Tim Moore, here says that this is an 8 oz. cup. Six ounces is about right there. Now, children are unique. My son was…what do you call it when you set the weight record for being born at Durham Regional Hospital? A big boy! But that was many years ago, of course. Almost 12 pounds when he was born. And we were really afraid when my daughter would come along that she would follow but she’s very normal. Many of you know her. But when he was a month old…No, when he was two weeks old he was already drinking enough and eating enough sleep through the night. He was big.  Some kids are big. Some are small. Now, I never left my kid in daycare all day long, but if you left your kid in daycare all day long, all the time, and they’re a big kid and they get 6 oz. of juice…Are we going to dehydrate these kids? I mean, kids are different.   

…….   

We have come close in the past to nanny-state legislation. But this is probably it. The parents do not have the choice. They can’t send something to the daycare and ask that it be given to their child. Rep. Starnes told me and that was also mentioned in committee. We’re telling them what to eat or drink even if they’re not sick, even if they’re not obese, even if genetically they’re skinny as a rail. And I think, listening to Rep. Martin’s repartee with Rep Blust, I think I have finally got the nub of what the real issues is. And that is the majority thinks that private daycare is really state institutions. They think that parents get to do a little something at home but whenever the kid gets out, they’re really under the control of the state. Obviously the state has a role in preventing abuse and neglect and those kinds of things. And I don’t deny that. But the state doesn’t get to decide everything. And this bill basically, right at the basic level of telling kids how much milk to drink, is saying the State of North Carolina, the House of Representatives, not even an expert commission, knows how much milk you should have to drink.   

I remember, and I won’t sing it for you, but when I was about three and four years old we had a little phonograph and we learned a little song, ‘Health can be fun…’ How many of you have heard this? ‘It’s fun to be healthy…’ “Y’all know that song? And it was all about you’ve got to drink your milk and all this kind of stuff. Well, the people thought then that what was really healthy…You want me to sing? You know, we’re in a fad right now of what to do about obesity and this isn’t it, telling parents through their daycare center what to do.