BILL NUMBER: AB 2079	CHAPTERED  07/08/08

	CHAPTER  73
	FILED WITH SECRETARY OF STATE  JULY 8, 2008
	APPROVED BY GOVERNOR  JULY 8, 2008
	PASSED THE SENATE  JUNE 26, 2008
	PASSED THE ASSEMBLY  APRIL 21, 2008
	AMENDED IN ASSEMBLY  MARCH 24, 2008

INTRODUCED BY   Assembly Member Emmerson

                        FEBRUARY 19, 2008

   An act to amend Section 112910 of, to add Section 110673 to, and
to repeal Sections 112885 and 112890 of, the Health and Safety Code,
relating to food.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2079, Emmerson. Food.
   Existing law, the Sherman Food, Drug, and Cosmetic Law, makes it
unlawful for any person to misbrand any food. Misbranded food
includes food that is labeled in a manner that does not conform with
requirements for nutrition labeling and nutrient content or health
claims set forth in the federal Food, Drug, and Cosmetic Act.
Violation of these provisions is a crime.
   This bill would deem food to be misbranded if its labeling does
not conform with requirements for allergen labeling set forth in the
federal Food, Drug, and Cosmetic Act. By changing the definition of a
crime, this bill would impose a state-mandated local program.
   Existing law, the Sherman Food, Drug, and Cosmetic Law, requires
any person in this state who engages in the packaging or manufacture
of olive oil, or in the wholesale distribution of olive oil where his
or her name and address will appear on containers of one pint
capacity or larger as the distributor and his or her name will appear
on the containers as the only California addressee to have a license
from the State Department of Public Health. Under existing law, the
department is required to issue a nontransferable license, free of
charge, to qualified applicants, as specified, and may revoke or
suspend the license after a hearing.
   This bill would repeal these provisions.
   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 110673 is added to the Health and Safety Code,
to read:
   110673.  Any food is misbranded if its labeling does not conform
with the requirements for food allergen labeling as set forth in
Section 403(w) of the federal act (21 U.S.C. Sec. 343(w)) and the
regulations adopted pursuant thereto. Any food exempted from those
requirements under the federal act, shall also be exempt under this
section.
  SEC. 2.  Section 112885 of the Health and Safety Code is repealed.
  SEC. 3.  Section 112890 of the Health and Safety Code is repealed.
  SEC. 4.  Section 112910 of the Health and Safety Code is amended to
read:
   112910.  All records of those operating under the provisions of
this chapter that concern the amounts of olive oil produced,
purchased, or produced and purchased, or the sale, distribution, or
sale and distribution of any olive oil, shall be open to inspection
upon demand of any agent of the department.
  SEC. 5.  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.