BILL NUMBER: SB 63	ENROLLED
	BILL TEXT

	PASSED THE SENATE  SEPTEMBER 12, 2007
	PASSED THE ASSEMBLY  SEPTEMBER 10, 2007
	AMENDED IN ASSEMBLY  AUGUST 31, 2007
	AMENDED IN ASSEMBLY  JULY 2, 2007
	AMENDED IN SENATE  APRIL 18, 2007

INTRODUCED BY   Senator Migden
   (Coauthor: Senator Alquist)

                        JANUARY 16, 2007

   An act to add Article 6.8 (commencing with Section 110809) to
Chapter 5 of Part 5 of Division 104 of the Health and Safety Code,
relating to food labeling.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 63, Migden. Food labeling: cloned animals.
   Existing law provides that food is misbranded if, among other
things, it does not bear a label containing specified information.
Under existing law, a violation of the provisions relating to the
labeling of food products is a crime.
   This bill would require a every livestock producer, as defined,
who sells or transfers any cloned animal or its progeny to disclose
to the buyer or transferee that the animal is cloned or is the
progeny of a cloned animal, as specified. It would also require food
for human consumption that contains any product from a cloned animal
or its progeny to be labeled to indicate that the food includes the
product of a cloned animal or its progeny, as specified. By creating
a new crime, 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 no reimbursement is required by this
act for a specified reason.


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

  SECTION 1.  The Legislature finds and declares its intent to enable
consumers in the state to make knowledgeable decisions about food
consumption based upon the disclosure of information regarding the
makeup of the food.
  SEC. 2.  Article 6.8 (commencing with Section 110809) is added to
Chapter 5 of Part 5 of Division 104 of the Health and Safety Code, to
read:

      Article 6.8.  Food Labeling Pertaining to Cloned Animals


   110809.  (a) Every livestock producer who sells or transfers any
cloned animal or its progeny shall disclose to the buyer or
transferee that the animal is cloned or is the progeny of a cloned
animal.
   (b)  Every person who manufacturers or processes food for human
consumption that sells food that contains any product from a cloned
animal or its progeny shall label the food to indicate that the food
includes the product of a cloned animal or its progeny.
   (c) An importer of food products from out-of-state manufacturers
or processors of food for human consumption that contains any product
from a cloned animal or its progeny shall label the food to indicate
that the food includes the product of a cloned animal or its progeny
if the importer has reasonable knowledge that the food has this
product.
   (d) Any person who purchases or otherwise obtains any food for
human consumption that is labeled so as to disclose that the food
contains a product from a cloned animal or its progeny and resells
this food to another person shall ensure that the food is labeled to
disclose that the food contains a product from a cloned animal or its
progeny prior to sale.
   (e)  The information on the label required pursuant to this
section shall be displayed in a conspicuous and easily legible
boldface print or type that is in clear contrast to other matter on
the package. The label shall comply with the type size specifications
in Section 101.105(i) of Title 21 of the Code of Federal
Regulations.
   (f) For purposes of this section, the following definitions shall
apply:
   (1) "Cloned animal" means an animal that arises directly from a
somatic cell nuclear transfer event.
   (2) "Livestock producer" means a person who engages in the
business of animal production, which includes, but is not limited to,
the birth, raising, feeding, weaning, and identification of a live
animal, and who generally does not engage in the business of
preparing any animal food that is derived in whole or in part from an
animal carcass or its products.
   (3) "Progeny of a cloned animal" means an animal derived from the
sexual reproduction of a cloned animal with another cloned animal or
an animal that is not cloned.
   (4) "Reasonable knowledge" means the importer knows about or has
possession of any document or advertisement in any medium that
indicates that the product was derived from a cloned animal or its
progeny.
  SEC. 3.  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.