BILL NUMBER: AB 1512	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JULY 15, 2009
	AMENDED IN ASSEMBLY  MAY 5, 2009
	AMENDED IN ASSEMBLY  APRIL 15, 2009

INTRODUCED BY   Assembly Members Lieu and Jones
   (Coauthor: Assembly Member Hill)

                        FEBRUARY 27, 2009

   An act to add Chapter 3.5 (commencing with Section 110286) to Part
5 of Division 104 of the Health and Safety Code, relating to food
and drug safety.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1512, as amended, Lieu. Food and drugs: sale.
   Existing law, the Sherman Food, Drug, and Cosmetic Law, contains
various provisions regarding the contents, packaging, labeling, and
advertising of food, drugs, and cosmetics. A violation of any of
these provisions is punishable as a misdemeanor.
   This bill would prohibit a retailer from selling or permitting to
be sold after the "use by" date infant formula or baby food that is
required to have this date on its packaging pursuant to federal law.
It would also prohibit a retailer from selling or permitting to be
sold after the expiration date  a   an over the
counter  drug  , as defined,  that is required to have
this expiration date on its packaging pursuant to that federal law. A
violation of these provisions would, notwithstanding the
above-described penalty, be punishable as an infraction with a
specified fine. By creating a new crime, this bill would create 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.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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

  SECTION 1.  Chapter 3.5 (commencing with Section 110286) is added
to Part 5 of Division 104 of the Health and Safety Code, to read:
      CHAPTER 3.5.  EXPIRATION AND USE BY DATES


   110286.  (a) A retailer shall not sell or permit to be sold after
the "use by" date infant formula or baby food that is required to
have this date on its packaging pursuant to the federal act and
federal regulations adopted pursuant to the federal act, including,
but not limited to, Section 107.20 of Title 21 of the Code of Federal
Regulations.
   (b) A retailer shall not sell or permit to be sold after the
expiration date  a   an over the counter 
drug that is required to have this expiration date on its packaging
pursuant to the federal act and federal regulations adopted pursuant
to the federal act, including, but not limited to, Section 211.137 of
Title 21 of the Code of Federal Regulations.
   (c) Notwithstanding Section 111825, any  person 
 retailer  who violates this section is guilty of an
infraction, punishable by a fine of not more than ten dollars ($10)
per day for each item sold or permitted to be sold after the
expiration or "use by" date.  Notwithstanding Section 111835, the
moneys from fines collected pursuant to this section shall be
deposited in the General Fund except that when fines are collected
under this part by the local jurisdiction, the moneys collected shall
be deposited into the general fund of the local  
jurisdiction.  
   (d) For purposes of this section, an "over the counter drug" means
a nonprescription drug regulated by the federal Food and Drug
Administration that is required to have an expiration date. 
  SEC. 2.  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.