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Licensing Laws: A Strong Tool for Healthy Food Co-Sponsored by the Community Food Security Coalition © PHLP 2012

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Page 1: Licensing Laws: A Strong Tool for Healthy Food...Licensing Laws: A Strong Tool for Healthy Food ... We do this by researching legal and policy questions, drafting policy language,

Licensing Laws: A Strong Tool for Healthy Food Co-Sponsored by the Community Food Security Coalition

© PHLP 2012

Page 2: Licensing Laws: A Strong Tool for Healthy Food...Licensing Laws: A Strong Tool for Healthy Food ... We do this by researching legal and policy questions, drafting policy language,

Hannah Burton Laurison, MA Public Health Law & Policy

Page 3: Licensing Laws: A Strong Tool for Healthy Food...Licensing Laws: A Strong Tool for Healthy Food ... We do this by researching legal and policy questions, drafting policy language,

We partner with state and local leaders to improve health in all communities, especially the underserved.

We do this by researching legal and policy questions,

drafting policy language, and training community leaders to put these ideas to work.

Public Health Law & Policy

Page 4: Licensing Laws: A Strong Tool for Healthy Food...Licensing Laws: A Strong Tool for Healthy Food ... We do this by researching legal and policy questions, drafting policy language,

healthy corner stores network community food security coalition • public health law & policy • the food trust • urbane development

www.healthycornerstores.org

• webinars

• list serv

• technical assistance referrals

• networking

Page 5: Licensing Laws: A Strong Tool for Healthy Food...Licensing Laws: A Strong Tool for Healthy Food ... We do this by researching legal and policy questions, drafting policy language,

Agenda

• Barriers to healthy food retail

• Licensing to create healthy retail environments

• Minneapolis, MN: Lessons learned

• Buffalo, NY: Ingredients for success

Page 6: Licensing Laws: A Strong Tool for Healthy Food...Licensing Laws: A Strong Tool for Healthy Food ... We do this by researching legal and policy questions, drafting policy language,

POLL: WHAT DOES YOUR FOOD RETAIL ENVIRONMENT LOOK LIKE?

Page 7: Licensing Laws: A Strong Tool for Healthy Food...Licensing Laws: A Strong Tool for Healthy Food ... We do this by researching legal and policy questions, drafting policy language,

We partner with state and local leaders to improve health in all communities, especially the underserved.

We do this by researching legal and policy questions,

drafting policy language, and training community leaders to put these ideas to work.

Public Health Law & Policy

Source: California Center for Public Health Advocacy,

“Searching For Healthy Food: The Food Landscape In California Cities and Counties” Source: CA Center for Public Health Advocacy, http://www.publichealthadvocacy.org/searchingforhealthyfood.html

Food Retail Environment

Page 8: Licensing Laws: A Strong Tool for Healthy Food...Licensing Laws: A Strong Tool for Healthy Food ... We do this by researching legal and policy questions, drafting policy language,

We partner with state and local leaders to improve health in all communities, especially the underserved.

We do this by researching legal and policy questions,

drafting policy language, and training community leaders to put these ideas to work.

Public Health Law & Policy Food Retail Environment

Source: CA Center for Public Health Advocacy, http://www.publichealthadvocacy.org/searchingforhealthyfood.html

Page 9: Licensing Laws: A Strong Tool for Healthy Food...Licensing Laws: A Strong Tool for Healthy Food ... We do this by researching legal and policy questions, drafting policy language,

We partner with state and local leaders to improve health in all communities, especially the underserved.

We do this by researching legal and policy questions,

drafting policy language, and training community leaders to put these ideas to work.

Public Health Law & Policy

Source: CA Center for Public Health Advocacy, http://www.publichealthadvocacy.org/searchingforhealthyfood.html

Food Retail Environment

Page 10: Licensing Laws: A Strong Tool for Healthy Food...Licensing Laws: A Strong Tool for Healthy Food ... We do this by researching legal and policy questions, drafting policy language,

POLL: DO CORNER STORES IN YOUR COMMUNITY CARRY HEALTHY OPTIONS?

Page 11: Licensing Laws: A Strong Tool for Healthy Food...Licensing Laws: A Strong Tool for Healthy Food ... We do this by researching legal and policy questions, drafting policy language,

We partner with state and local leaders to improve health in all communities, especially the underserved.

We do this by researching legal and policy questions,

drafting policy language, and training community leaders to put these ideas to work.

Public Health Law & Policy

Improve produce quality

Photo: Lydia Daniller for PHLP

Page 12: Licensing Laws: A Strong Tool for Healthy Food...Licensing Laws: A Strong Tool for Healthy Food ... We do this by researching legal and policy questions, drafting policy language,

We partner with state and local leaders to improve health in all communities, especially the underserved.

We do this by researching legal and policy questions,

drafting policy language, and training community leaders to put these ideas to work.

Public Health Law & Policy

Limit junk food

Photo: Lydia Daniller

Page 13: Licensing Laws: A Strong Tool for Healthy Food...Licensing Laws: A Strong Tool for Healthy Food ... We do this by researching legal and policy questions, drafting policy language,

We partner with state and local leaders to improve health in all communities, especially the underserved.

We do this by researching legal and policy questions,

drafting policy language, and training community leaders to put these ideas to work.

Public Health Law & Policy

Replace junk food with healthy choices

Photo: RWJF

Page 14: Licensing Laws: A Strong Tool for Healthy Food...Licensing Laws: A Strong Tool for Healthy Food ... We do this by researching legal and policy questions, drafting policy language,

We partner with state and local leaders to improve health in all communities, especially the underserved.

We do this by researching legal and policy questions,

drafting policy language, and training community leaders to put these ideas to work.

Public Health Law & Policy

Decrease advertising of unhealthy choices

Photo: Counter Tobacco

Page 15: Licensing Laws: A Strong Tool for Healthy Food...Licensing Laws: A Strong Tool for Healthy Food ... We do this by researching legal and policy questions, drafting policy language,

We partner with state and local leaders to improve health in all communities, especially the underserved.

We do this by researching legal and policy questions,

drafting policy language, and training community leaders to put these ideas to work.

Public Health Law & Policy

Identify healthy choices

Photo: Tim Wagner for HEAC

Page 16: Licensing Laws: A Strong Tool for Healthy Food...Licensing Laws: A Strong Tool for Healthy Food ... We do this by researching legal and policy questions, drafting policy language,

Photo: Lydia Daniller

Page 17: Licensing Laws: A Strong Tool for Healthy Food...Licensing Laws: A Strong Tool for Healthy Food ... We do this by researching legal and policy questions, drafting policy language,

Ian McLaughlin, JD

Public Health Law & Policy

Page 18: Licensing Laws: A Strong Tool for Healthy Food...Licensing Laws: A Strong Tool for Healthy Food ... We do this by researching legal and policy questions, drafting policy language,

Licensing to Create Healthy Retail Environments Ian McLaughlin, JD

March 13, 2012

Page 19: Licensing Laws: A Strong Tool for Healthy Food...Licensing Laws: A Strong Tool for Healthy Food ... We do this by researching legal and policy questions, drafting policy language,

Personal Licenses

Page 20: Licensing Laws: A Strong Tool for Healthy Food...Licensing Laws: A Strong Tool for Healthy Food ... We do this by researching legal and policy questions, drafting policy language,

Personal Licenses

Page 21: Licensing Laws: A Strong Tool for Healthy Food...Licensing Laws: A Strong Tool for Healthy Food ... We do this by researching legal and policy questions, drafting policy language,

Personal Licenses

Page 22: Licensing Laws: A Strong Tool for Healthy Food...Licensing Laws: A Strong Tool for Healthy Food ... We do this by researching legal and policy questions, drafting policy language,

Personal Licenses

Page 23: Licensing Laws: A Strong Tool for Healthy Food...Licensing Laws: A Strong Tool for Healthy Food ... We do this by researching legal and policy questions, drafting policy language,

Personal Licenses

Page 24: Licensing Laws: A Strong Tool for Healthy Food...Licensing Laws: A Strong Tool for Healthy Food ... We do this by researching legal and policy questions, drafting policy language,

business licensing: the basics

WHO can do business

WHERE can they locate

WHAT conditions must be met

HOW conditions will be enforced

Page 25: Licensing Laws: A Strong Tool for Healthy Food...Licensing Laws: A Strong Tool for Healthy Food ... We do this by researching legal and policy questions, drafting policy language,

Specific Business Licenses

Page 26: Licensing Laws: A Strong Tool for Healthy Food...Licensing Laws: A Strong Tool for Healthy Food ... We do this by researching legal and policy questions, drafting policy language,

why adopt a license program?

Effective way to create change

Local control over conditions of operation

Can apply to new and existing businesses

Page 27: Licensing Laws: A Strong Tool for Healthy Food...Licensing Laws: A Strong Tool for Healthy Food ... We do this by researching legal and policy questions, drafting policy language,
Page 28: Licensing Laws: A Strong Tool for Healthy Food...Licensing Laws: A Strong Tool for Healthy Food ... We do this by researching legal and policy questions, drafting policy language,

what can a license require?

Page 29: Licensing Laws: A Strong Tool for Healthy Food...Licensing Laws: A Strong Tool for Healthy Food ... We do this by researching legal and policy questions, drafting policy language,

Other uses of licensing

Provide incentives for meeting enhanced performance standards

Restrict certain behavior

Enforce all applicable laws

Page 30: Licensing Laws: A Strong Tool for Healthy Food...Licensing Laws: A Strong Tool for Healthy Food ... We do this by researching legal and policy questions, drafting policy language,

REQUIREMENTS Model Healthy Food Retail Ordinance

• Staple foods: Dairy products, proteins, and whole grains

• Produce

• Participation in SNAP and WIC

• Limitations on SSBs

• Compliance with tobacco, alcohol, and signage laws

Page 31: Licensing Laws: A Strong Tool for Healthy Food...Licensing Laws: A Strong Tool for Healthy Food ... We do this by researching legal and policy questions, drafting policy language,

PERFORMANCE STANDARDS Model Healthy Food Retail Ordinance

• Exceed stocking requirements for produce or staple foods by a certain percentage

• Limit or eliminate sale of SSBs, alcohol, or tobacco

• Move produce and staple foods to high-visibility location

• Other?

Page 32: Licensing Laws: A Strong Tool for Healthy Food...Licensing Laws: A Strong Tool for Healthy Food ... We do this by researching legal and policy questions, drafting policy language,

INCENTIVES Model Healthy Food Retail Ordinance

• Expedited processing of license or permits

• Reduced or waived fees

• Technical or financial assistance

• Grants or loans

• Tax exemption or other tax incentive

• Marketing and promotion

Page 33: Licensing Laws: A Strong Tool for Healthy Food...Licensing Laws: A Strong Tool for Healthy Food ... We do this by researching legal and policy questions, drafting policy language,

who should be licensed?

vs

Page 34: Licensing Laws: A Strong Tool for Healthy Food...Licensing Laws: A Strong Tool for Healthy Food ... We do this by researching legal and policy questions, drafting policy language,

who should be licensed?

vs

Page 35: Licensing Laws: A Strong Tool for Healthy Food...Licensing Laws: A Strong Tool for Healthy Food ... We do this by researching legal and policy questions, drafting policy language,

Collaboration with retailers

Examples:

• Conduct assessments • Develop outreach materials • Offer compliance support/TA

Page 36: Licensing Laws: A Strong Tool for Healthy Food...Licensing Laws: A Strong Tool for Healthy Food ... We do this by researching legal and policy questions, drafting policy language,

implementation & enforcement

Who will:

Issue licenses and collect fees?

Engage retailers?

Conduct inspections?

Enforce penalties?

What penalties?

Page 37: Licensing Laws: A Strong Tool for Healthy Food...Licensing Laws: A Strong Tool for Healthy Food ... We do this by researching legal and policy questions, drafting policy language,

Aliyah Ali

Minneapolis Department of Health and Family Support

Page 38: Licensing Laws: A Strong Tool for Healthy Food...Licensing Laws: A Strong Tool for Healthy Food ... We do this by researching legal and policy questions, drafting policy language,

Minneapolis Staple Foods Ordinance

(c) All grocery stores licensed under this chapter must offer…at least 3 varieties of qualifying, non-expired or spoiled, food in each of the following 4 staple food groups, with at least 5 varieties of perishable food in the first category and at least 2 varieties of perishable food in all subsequent categories:

• (1) Vegetables and/or fruits.

• (2) Meat, poultry, fish and/or vegetable proteins.

• (3) Bread and/or cereal.

• (4) Dairy products and/or substitutes

Page 39: Licensing Laws: A Strong Tool for Healthy Food...Licensing Laws: A Strong Tool for Healthy Food ... We do this by researching legal and policy questions, drafting policy language,

We partner with state and local leaders to improve health in all communities, especially the underserved.

We do this by researching legal and policy questions,

drafting policy language, and training community leaders to put these ideas to work.

Public Health Law & Policy

Photo by Monica Salas Landa

Page 40: Licensing Laws: A Strong Tool for Healthy Food...Licensing Laws: A Strong Tool for Healthy Food ... We do this by researching legal and policy questions, drafting policy language,
Page 41: Licensing Laws: A Strong Tool for Healthy Food...Licensing Laws: A Strong Tool for Healthy Food ... We do this by researching legal and policy questions, drafting policy language,

Minneapolis Owner Interview

Page 42: Licensing Laws: A Strong Tool for Healthy Food...Licensing Laws: A Strong Tool for Healthy Food ... We do this by researching legal and policy questions, drafting policy language,

Visual assessment tool

Page 43: Licensing Laws: A Strong Tool for Healthy Food...Licensing Laws: A Strong Tool for Healthy Food ... We do this by researching legal and policy questions, drafting policy language,
Page 44: Licensing Laws: A Strong Tool for Healthy Food...Licensing Laws: A Strong Tool for Healthy Food ... We do this by researching legal and policy questions, drafting policy language,

Photo: Minnesota Public Radio

Page 45: Licensing Laws: A Strong Tool for Healthy Food...Licensing Laws: A Strong Tool for Healthy Food ... We do this by researching legal and policy questions, drafting policy language,

Photo: Minnesota Public Radio

Page 46: Licensing Laws: A Strong Tool for Healthy Food...Licensing Laws: A Strong Tool for Healthy Food ... We do this by researching legal and policy questions, drafting policy language,

TAILORING the model ordinance

Know your state and local laws

Consider what food stocking requirements should be included

Identify and engage implementation and outreach partners

Offer assistance – and incentives - to businesses to comply with new requirements

Page 47: Licensing Laws: A Strong Tool for Healthy Food...Licensing Laws: A Strong Tool for Healthy Food ... We do this by researching legal and policy questions, drafting policy language,

Buffalo Healthy Kids Healthy Communities Buffalo Niagara Medical Campus

Jessie Gouck Michael Ball

Page 48: Licensing Laws: A Strong Tool for Healthy Food...Licensing Laws: A Strong Tool for Healthy Food ... We do this by researching legal and policy questions, drafting policy language,
Page 49: Licensing Laws: A Strong Tool for Healthy Food...Licensing Laws: A Strong Tool for Healthy Food ... We do this by researching legal and policy questions, drafting policy language,

Photo: HKHC Buffalo Partnership

Page 50: Licensing Laws: A Strong Tool for Healthy Food...Licensing Laws: A Strong Tool for Healthy Food ... We do this by researching legal and policy questions, drafting policy language,

Photo: HKHC Buffalo Partnership

Page 51: Licensing Laws: A Strong Tool for Healthy Food...Licensing Laws: A Strong Tool for Healthy Food ... We do this by researching legal and policy questions, drafting policy language,
Page 52: Licensing Laws: A Strong Tool for Healthy Food...Licensing Laws: A Strong Tool for Healthy Food ... We do this by researching legal and policy questions, drafting policy language,
Page 53: Licensing Laws: A Strong Tool for Healthy Food...Licensing Laws: A Strong Tool for Healthy Food ... We do this by researching legal and policy questions, drafting policy language,

Photo: Buffalo Rising

Page 54: Licensing Laws: A Strong Tool for Healthy Food...Licensing Laws: A Strong Tool for Healthy Food ... We do this by researching legal and policy questions, drafting policy language,

Photo: HKHC Buffalo Partnership

Page 55: Licensing Laws: A Strong Tool for Healthy Food...Licensing Laws: A Strong Tool for Healthy Food ... We do this by researching legal and policy questions, drafting policy language,

Photo: HKHC Buffalo Partnership

Page 56: Licensing Laws: A Strong Tool for Healthy Food...Licensing Laws: A Strong Tool for Healthy Food ... We do this by researching legal and policy questions, drafting policy language,

Photo: HKHC Buffalo Partnership

Page 57: Licensing Laws: A Strong Tool for Healthy Food...Licensing Laws: A Strong Tool for Healthy Food ... We do this by researching legal and policy questions, drafting policy language,

Photo: HKHC Buffalo Partnership

Page 58: Licensing Laws: A Strong Tool for Healthy Food...Licensing Laws: A Strong Tool for Healthy Food ... We do this by researching legal and policy questions, drafting policy language,

Photo: HKHC Buffalo Partnership

Page 59: Licensing Laws: A Strong Tool for Healthy Food...Licensing Laws: A Strong Tool for Healthy Food ... We do this by researching legal and policy questions, drafting policy language,

Photo: Buffalo Rising

Page 60: Licensing Laws: A Strong Tool for Healthy Food...Licensing Laws: A Strong Tool for Healthy Food ... We do this by researching legal and policy questions, drafting policy language,

MAKING THE ORDINANCE WORK for your community

Page 61: Licensing Laws: A Strong Tool for Healthy Food...Licensing Laws: A Strong Tool for Healthy Food ... We do this by researching legal and policy questions, drafting policy language,

Assess your food retail environment a

Page 62: Licensing Laws: A Strong Tool for Healthy Food...Licensing Laws: A Strong Tool for Healthy Food ... We do this by researching legal and policy questions, drafting policy language,

Solicit input from diverse stakeholders a

Page 63: Licensing Laws: A Strong Tool for Healthy Food...Licensing Laws: A Strong Tool for Healthy Food ... We do this by researching legal and policy questions, drafting policy language,

STRONG

FLEXIBLE

Page 64: Licensing Laws: A Strong Tool for Healthy Food...Licensing Laws: A Strong Tool for Healthy Food ... We do this by researching legal and policy questions, drafting policy language,

Follow through to build support a

Page 65: Licensing Laws: A Strong Tool for Healthy Food...Licensing Laws: A Strong Tool for Healthy Food ... We do this by researching legal and policy questions, drafting policy language,

WHAT IF your community isn’t READY?

Conduct a community food assessment

Pass a resolution in support of healthy food retail

Create a program that offers incentives for store owners to carry healthy food

Create a healthy food retailers certification program

Put together an interagency task force to discuss the food retail environment

Page 66: Licensing Laws: A Strong Tool for Healthy Food...Licensing Laws: A Strong Tool for Healthy Food ... We do this by researching legal and policy questions, drafting policy language,

Toolkits

Page 67: Licensing Laws: A Strong Tool for Healthy Food...Licensing Laws: A Strong Tool for Healthy Food ... We do this by researching legal and policy questions, drafting policy language,

Factsheets

Plus… Technical Assistance Trainings Webinars

Page 68: Licensing Laws: A Strong Tool for Healthy Food...Licensing Laws: A Strong Tool for Healthy Food ... We do this by researching legal and policy questions, drafting policy language,

Thank you!

www.phlpnet.org • www.nplan.org

Page 69: Licensing Laws: A Strong Tool for Healthy Food...Licensing Laws: A Strong Tool for Healthy Food ... We do this by researching legal and policy questions, drafting policy language,

Disclaimer

The information provided in this seminar is for informational purposes only, and does not constitute legal advice. Public Health Law & Policy does not enter into attorney-client relationships. The primary purpose of this training is to address legal and/or policy options to improve public health. There is no intent to reflect a view on specific legislation. PHLP incorporates objective non-partisan analysis, study, and research in all our work. © 2011 Public Health & Policy