BILL NUMBER: SB 1948 CHAPTERED BILL TEXT CHAPTER 1006 FILED WITH SECRETARY OF STATE SEPTEMBER 27, 2002 APPROVED BY GOVERNOR SEPTEMBER 27, 2002 PASSED THE SENATE AUGUST 26, 2002 PASSED THE ASSEMBLY AUGUST 20, 2002 AMENDED IN ASSEMBLY AUGUST 16, 2002 AMENDED IN ASSEMBLY AUGUST 8, 2002 AMENDED IN ASSEMBLY JULY 2, 2002 AMENDED IN SENATE MAY 7, 2002 INTRODUCED BY Senator Figueroa FEBRUARY 22, 2002 An act to add Article 4 (commencing with Section 110422) to Chapter 4 of Part 5 of Division 104 of the Health and Safety Code, relating to food. LEGISLATIVE COUNSEL'S DIGEST SB 1948, Figueroa. Dietary supplements: warning labels and advertisements. Existing law, the Sherman Food, Drug and Cosmetics Law, provides for the regulation of various subjects relating to the processing, labeling, advertising, and sale of food, drugs, and cosmetics, as defined, under the administration and enforcement of the State Department of Health Services. Under existing law, any person who violates any of these provisions, or any regulation adopted pursuant thereto, if convicted, is subject to imprisonment, or a fine, or both. Existing applicable federal law includes dietary supplements, as defined, within the definition of food for these purposes. This bill would require that any warning label on products defined as dietary supplements pursuant to specified federal law, that are manufactured or distributed in the state, shall be clear and conspicuous. The bill would provide that it shall be implemented to the extent permitted by federal law. The bill would provide that its provisions shall not limit or restrict any rights, remedies, or duties otherwise applicable by law. The bill would provide that violation of its provisions by any person, as defined, constitutes an infraction, punishable by specified fines. By changing the definition of a crime and by creating a new crime, this bill would create a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Article 4 (commencing with Section 110422) is added to Chapter 4 of Part 5 of Division 104 of the Health and Safety Code, to read: Article 4. Dietary Supplement Labeling and Advertising 110422. (a) Whenever a warning label is included on any product defined as a dietary supplement pursuant to Section 321(ff) of Title 21 of the United States Code, that is manufactured or distributed in this state, the label shall be clear and conspicuous. (b) Nothing in this section shall in any way limit or restrict any rights, remedies, or duties otherwise applicable by law. (c) This section shall be implemented to the extent permitted by federal law. 110424. Violation of this article by any person, as defined in Section 109995, shall constitute an infraction, punishable by a fine not to exceed the following: (a) One thousand dollars ($1,000) for the first violation. (b) Two thousand dollars ($2,000) for the second violation. (c) Five thousand dollars ($5,000) for the third and each subsequent violation. SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.