BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 1512
                                                                  Page  1

          Date of Hearing:   May 20, 2009 

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Kevin De Leon, Chair

                     AB 1512 (Lieu) - As Amended:  May 5, 2009  

          Policy Committee:                              Health Vote:14-4

          Urgency:     No                   State Mandated Local Program:  
          Yes    Reimbursable:              No

           SUMMARY  

          This bill prohibits retailers from selling infant formula or  
          over-the-counter (OTC) medications with specified federal  
          labeling requirements after the "use by" or expiration date.  
          This bill establishes a $10 per day penalty for failure to  
          comply with the prohibitions established. 

           FISCAL EFFECT  

          Minor absorbable workload to the California Department of Public  
          Health (DPH) to continue oversight of state food and product  
          labeling laws. 

           COMMENTS  

           1)Rationale  . This bill is sponsored by the Consumer Federation  
            of California to increase oversight of food safety. The author  
            and sponsor indicate infant formula products bought after  
            their use by date may have significant reductions in  
            nutritional value that could ultimately harm a baby by failing  
            to provide adequate nutritional support. 

           2)Background  . The Food and Drug Branch within DPH regulates  
            food, drugs, medical devices, cosmetics, and certain other  
            consumer goods under the Sherman Act. The Act addresses the  
            packaging, labeling, and advertising of consumer goods. DPH  
            possesses a range of enforcement actions including placing  
            embargos on adulterated products and levying administrative,  
            civil, and criminal penalties.

          Federal Food and Drug Administration (FDA) regulations require a  
            use-by date on the label of infant formula. The formula must  








                                                                  AB 1512
                                                                  Page  2

            have at least as much of each nutrient as described on the  
            label. The FDA has required the labeling of drug expiration  
            dates for 30 years and requires compliance with uniform  
            testing and reporting guidelines.  Federal regulations require  
            medications bear an expiration date as determined by testing  
            that reports the capacity of the drug to maintain its  
            identity, strength, quality, and purity for the period of  
            shelf life the manufacturer prints on the label. 


           Analysis Prepared by  :    Mary Ader / APPR. / (916) 319-2081