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.