BILL NUMBER: AB 97	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Mendoza

                        DECEMBER 21, 2006

   An act to add Article 6.6 (commencing with Section 110808) to
Chapter 5 of Part 5 of Division 104 of the Health and Safety Code,
relating to food.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 97, as introduced, Mendoza. Food: trans fats.
   The Sherman Food, Drug, and Cosmetic Act contains various
provisions regarding the contents, packaging, labeling, and
advertising of food, drugs, and cosmetics. The State Department of
Health Services administers and enforces this act. Effective July 1,
2007, these duties shall be transferred to the State Department of
Public Health.
   This bill would require every food facility to maintain on the
premises the manufacturer's documentation or label for any food or
food additive that is or includes any fat, oil, or shortening, for as
long as this food or food additive is stored, distributed, or served
by, or used in the preparation of food within, the food facility.
The bill would require the manufacturer's documentation to be
authorized by the department and to disclose specified information.
   This bill would also, on and after July 1, 2008, prohibit oil,
shortening, or margarine containing specified trans fats for
specified purposes, from being stored, distributed, or served by, or
used in the preparation of any food within, a food facility. It would
also, on and after July 1, 2009, prohibit any food containing
artificial trans fat, from being stored, distributed, or served by,
or used in the preparation of any food within, a food facility. The
bill would exempt from these prohibitions, food sold or served in a
manufacturer's original, sealed package.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Article 6.6 (commencing with Section 110808) is added
to Chapter 5 of Part 5 of Division 104 of the Health and Safety Code,
to read:

      Article 6.6.  Trans Fats


   110808.  (a) Every food facility shall maintain on the premises
the manufacturer's documentation or label for any food or food
additive that is or includes any fat, oil, or shortening, for as long
as this food or food additive is stored, distributed, or served by,
or used in the preparation of food within, the food facility. The
label described in this subdivision refers to the label that is
required by applicable federal and state law to be on the food or
food additive at the time of purchase by the food facility. The
manufacturer's documentation may be maintained in lieu of the label.
The manufacturer's documentation shall be maintained whenever the
label is not required by federal and state law on the food or food
additive that is or includes any fat, oil, or shortening. The
manufacturer's documentation described in this subdivision shall be
authorized by the department and disclose one or both of the
following:
   (1) The trans fat content of the food or food additive.
   (2) Whether a food or food additive is or includes margarine,
vegetable shortening, or any kind of partially hydrogenated vegetable
oil.
   (b) (1) On and after July 1, 2008, no oil, shortening, or
margarine containing artificial trans fat for use in spreads or
frying, except for the deep frying of yeast dough or cake batter, may
be stored, distributed, or served by, or used in the preparation of
any food within, a food facility.
   (2) On and after July 1, 2009, no food containing artificial trans
fat, including oil and shortening that contains artificial trans fat
for use in the deep frying of yeast dough or cake batter, may be
stored, distributed, or served by, or used in the preparation of any
food within, a food facility.
   (c) Subdivision (b) shall not apply to food sold or served in a
manufacturer's original, sealed package.
   (d) For purposes of this section, a food contains artificial trans
fat if the food contains vegetable shortening, margarine, or any
kind of partially hydrogenated vegetable oil, unless the manufacturer'
s documentation or the label required on the food, pursuant to
applicable federal and state law, lists the trans fat content as less
than 0.5 grams per serving.
   (e) For purposes of this section, food facility has the same
meaning as in Section 113789.
   (f) Section 111825 shall not apply to a violation of this section.