142nd APHA Annual Meeting and Exposition

Annual Meeting Recordings are now available for purchase

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Legal Tools and Legal Challenges for Implementing State and Local Policies that Promote Healthier Nutritional Environments in Public Places

142nd APHA Annual Meeting and Exposition (November 15 - November 19, 2014): http://www.apha.org/events-and-meetings/annual
Tuesday, November 18, 2014 : 10:30 AM - 10:45 AM

Julie Ralston Aoki, JD , Public Health Law Center, William Mitchell College of Law, St. Paul, MN
Participants will learn about the variety of legal and policy strategies being applied to promote healthier food and beverage operations and outlets in states and localities across the US, with a focus on non-school public settings such as government cafeterias and vending operations, prisons, hospitals, recreational centers, parks, and similar public settings. The focus will be on policy development at the city, county, and state levels. Considerations to weigh in selecting and implementing strategies to focus on within their jurisdictions will be discussed. An overview of foundational legal principles will be provided (explaining the relationship and differences between policymaking by the three branches of government), and participants will gain a deeper understanding of the different policy levers available for use within the executive and legislative branches specifically (executive orders, rulemaking, statutes/laws, etc.) to embed nutrition standards within government food procurement activities in a systematic and sustained way. The role of the judicial branch (and relevant case law) will also be touched upon. Drawing on practical experiences based on working with government agencies and public health advocates, tips about how to research and understand the relevant legal landscape will be highlighted.  Examples of how contract law issues can arise and be mitigated will be presented. Other law-related issues that commonly arise will also be explained, such as Randolph-Sheppard requirements and existing local-food sourcing requirements; and practical questions affecting how standards are to be implemented will also be discussed.

Learning Areas:

Public health or related laws, regulations, standards, or guidelines
Public health or related organizational policy, standards, or other guidelines
Public health or related public policy

Learning Objectives:
Describe examples of at least two jurisdictions that have implemented — or are attempting to implement -- nutrition standards for government procurement activities, and government food and beverage operations Differentiate between executive authority and legislative authority to set nutrition standards Identify at least two legal questions pertaining to developing and implementing nutrition standards in their jurisdiction that it would be important to address

Keyword(s): Policy/Policy Development, Nutrition

Presenting author's disclosure statement:

Qualified on the content I am responsible for because: I am an attorney who provides legal technical assistance on public health issues to researchers, advocates, and government officials. I have worked with local and state officials around the country to design and implement legal strategies and policies to improve the nutritional environments of public and organizational settings so as to promote healthy eating. I have written fact sheets and resources to support these efforts.
Any relevant financial relationships? Yes

Name of Organization Clinical/Research Area Type of relationship
Public Health Law Center public health law Employment (includes retainer)

I agree to comply with the American Public Health Association Conflict of Interest and Commercial Support Guidelines, and to disclose to the participants any off-label or experimental uses of a commercial product or service discussed in my presentation.