BILL NUMBER: SB 1226	CHAPTERED  10/09/01

	CHAPTER  641
	FILED WITH SECRETARY OF STATE  OCTOBER 9, 2001
	APPROVED BY GOVERNOR  OCTOBER 8, 2001
	PASSED THE SENATE  SEPTEMBER 14, 2001
	PASSED THE ASSEMBLY  SEPTEMBER 14, 2001
	AMENDED IN ASSEMBLY  SEPTEMBER 14, 2001
	AMENDED IN ASSEMBLY  SEPTEMBER 4, 2001
	AMENDED IN SENATE  MAY 24, 2001

INTRODUCED BY   Committee on Health and Human Services (Senators
Ortiz (Chair), Chesbro, Escutia, Figueroa, Kuehl, Polanco, Romero,
and Vasconcellos)

                        APRIL 16, 2001

   An act to amend Sections 109935, 109951, and 109971 of the Health
and Safety Code, relating to health.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1226, Committee on Health and Human Services.  Environmental
specialists:  food safety.
   Existing law, the Sherman Food, Drug, and Cosmetic Law, contains
various provisions regarding the packaging, labeling, and advertising
of food, drugs, and cosmetics.  Violation of any of these provisions
is a crime.
   Existing law defines "food" for purposes of these provisions to
include, among other things, any article defined as food pursuant to
the Federal Food, Drug, and Cosmetic Act.
   This bill would delete from this definition of "food" any article
defined as food pursuant to the Federal Food, Drug, and Cosmetic Act.

   Existing law defines "infant formula" and "medical food" as those
terms are defined in that federal act.
   This bill would require the State Department of Health Services to
review all changes to the federal definition of these terms and
submit a specified report to designated committees of the Legislature
before the changes are incorporated by reference according to this
provision.  The bill would incorporate the changes one year after the
effective date of the federal change unless a law specifically
prohibits that incorporation.
   Since this bill would change the definition of a crime, it would
impose 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.  Section 109935 of the Health and Safety Code is amended
to read:
   109935.  "Food" means either of the following:
   (a) Any article used or intended for use for food, drink,
confection, condiment, or chewing gum by man or other animal.
   (b) Any article used or intended for use as a component of any
article designated in subdivision (a).
  SEC. 2.  Section 109951 of the Health and Safety Code is amended to
read:
   109951.  "Infant formula" shall have the same definition as that
term is used in the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
Sec. 321(z)).  The department shall review all changes to the federal
definition of "infant formula" before those changes are incorporated
by reference pursuant to this section.  Within six months after the
effective date of any changes to the federal definition, the
department shall complete its review of the changes, and submit a
report to the Senate Health and Human Services Committee and the
Assembly Health Committee that describes the changes and makes a
recommendation as to whether it is appropriate to incorporate the
changes by reference pursuant to this section.  Any change to the
federal definition shall take effect pursuant to this section one
year after the effective date of the federal change, unless a law
that specifically prohibits the change from taking effect is enacted
and becomes effective.
  SEC. 3.  Section 109971 of the Health and Safety Code is amended to
read:
   109971.  "Medical food" means any product that meets the
definition of medical food in the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. Sec.  360ee(b)(3)).  The department shall review all
changes to the federal definition of "medical food" before those
changes are incorporated by reference pursuant to this section.
Within six months after the effective date of any changes to the
federal definition, the department shall complete its review of the
changes, and submit a report to the Senate Health and Human Services
Committee and the Assembly Health Committee that describes the
changes and makes a recommendation as to whether it is appropriate to
incorporate the changes by reference pursuant to this section.  Any
change to the federal definition shall take effect pursuant to this
section one year after the effective date of the federal change,
unless a law that specifically prohibits the change from taking
effect is enacted and becomes effective.
  SEC. 4.  No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB 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 XIIIB of the California Constitution.