BILL NUMBER: AB 1512 ENROLLED
BILL TEXT
PASSED THE SENATE SEPTEMBER 9, 2009
PASSED THE ASSEMBLY SEPTEMBER 10, 2009
AMENDED IN SENATE SEPTEMBER 4, 2009
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
(Coauthors: Assembly Members Hill and Skinner)
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, 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, as defined, or baby
food, as defined, 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 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.
This bill would state the intent of the Legislature that local and
state authorities should make reasonable efforts to notify the
public about potential threats to public safety resulting from the
sale of expired products and, for public purchasers of expired
products, to contact their respective state or local authorities.
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. 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 an over the counter drug.
(c) Notwithstanding Section 111825, any 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. The fine shall be
calculated based upon the number of days between the expiration or
"use by" date and the date of sale. The date of sale shall be
established by evidence of the proof of purchase, including, but not
limited to, a sales receipt. 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) Nothing in this section shall be construed to preclude any
other action authorized by law.
(e) For purposes of this section, "infant formula" shall have the
meaning given in subdivision (z) of Section 321 of Title 21 of the
United States Code.
(f) For purposes of this section, "baby food" shall mean the
processing of canned fresh fruits and vegetables, meats, eggs, fruit
juices, cereal, formulated entrees, and desserts and snacks using
fresh, preprocessed, or any combination of these and other food
ingredients necessary for the production of infant foods.
(g) 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 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.
SEC. 2. It is the intent of the Legislature in adding Chapter 3.5
(commencing with Section 110286) to Part 5 of Division 104 of the
Health and Safety Code that local and state authorities make
reasonable efforts to notify the public about potential threats to
public safety resulting from the sale of expired products and, for
public purchasers of expired products to contact their respective
state or local authorities.
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.