BILL NUMBER: AB 97	CHAPTERED
	BILL TEXT

	CHAPTER  207
	FILED WITH SECRETARY OF STATE  JULY 25, 2008
	APPROVED BY GOVERNOR  JULY 25, 2008
	PASSED THE SENATE  JULY 2, 2008
	PASSED THE ASSEMBLY  JULY 14, 2008
	AMENDED IN SENATE  MAY 8, 2008
	AMENDED IN SENATE  APRIL 24, 2008
	AMENDED IN SENATE  AUGUST 31, 2007
	AMENDED IN SENATE  JULY 18, 2007
	AMENDED IN ASSEMBLY  JUNE 5, 2007
	AMENDED IN ASSEMBLY  JUNE 1, 2007
	AMENDED IN ASSEMBLY  MARCH 13, 2007

INTRODUCED BY   Assembly Member Mendoza
   (Principal coauthor: Senator Alquist)

                        DECEMBER 21, 2006

   An act to add Chapter 12.6 (commencing with Section 114377) to
Part 7 of Division 104 of the Health and Safety Code, relating to
food facilities.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 97, Mendoza. Food facilities: trans fats.
   Existing law, the California Uniform Retail Food Facilities Law
(CURFFL), provides for the regulation of health and sanitation
standards for retail food facilities by the State Department of
Public Health. Under existing law, local health agencies are
primarily responsible for enforcing CURFFL. A violation of CURFFL is
a misdemeanor.
   This bill would require every food facility, except a public
school cafeteria, to maintain on the premises the label required 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.
   This bill would also, commencing January 1, 2010, 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, commencing January 1, 2011, 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, specified public school
cafeterias and food sold or served in a manufacturer's original,
sealed package.
   By creating a new crime and adding to the duties of local
officials, this bill 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 with regard to certain mandates no
reimbursement is required by this act for a specified reason.
   With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.


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

  SECTION 1.  Chapter 12.6 (commencing with Section 114377) is added
to Part 7 of Division 104 of the Health and Safety Code, to read:
      CHAPTER 12.6.  TRANS FATS


   114377.  (a) Every food facility shall maintain on the premises
the 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.
   (b) (1) Commencing January 1, 2010, 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) Commencing January 1, 2011, 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 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) This section shall not apply to public elementary, middle,
junior high, or high school cafeterias.
   (f) Notwithstanding Section 114395, a violation of this section
shall be punishable by a fine of not less than twenty-five dollars
($25) or more than one thousand dollars ($1,000).
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution for
certain costs that may be incurred by a local agency or school
district because, in that regard, 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.
   However, if the Commission on State Mandates determines that this
act contains other costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division 4 of
Title 2 of the Government Code.