BILL ANALYSIS
AB 1512
Page 1
ASSEMBLY THIRD READING
AB 1512 (Lieu and Jones)
As Amended May 5, 2009
Majority vote
HEALTH 14-4 APPROPRIATIONS 11-4
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|Ayes:|Jones, Adams, Ammiano, |Ayes:|De Leon, Ammiano, Charles |
| |Block, Carter, De La | |Calderon, Davis, Fuentes, |
| |Torre, De Leon, | |Hall, John A. Perez, Price, |
| |Hall, Hayashi, Hernandez, | |Skinner, Solorio, Torlakson |
| | | | |
| |Bonnie Lowenthal, Nava, | | |
| |V. Manuel Perez, Salas | | |
| | | | |
|-----+--------------------------+-----+-----------------------------|
|Nays:|Fletcher, Emmerson, |Nays:|Nielsen, Duvall, Harkey, |
| |Gaines, | |Audra Strickland |
| |Audra Strickland | | |
| | | | |
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SUMMARY : Prohibits a retailer from selling or permitting to be
sold infant formula, baby food, and over-the-counter (OTC)
medications beyond the expiration date indicated on the
product's packaging and imposes a $10 fine per item per day in
violation. Specifically, this bill :
1)Prohibits 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 regulations.
2)Prohibits a retailer from selling or permitting to be sold
after the expiration date an OTC human drug that is required
to have this expiration date on its packaging pursuant to
federal regulations.
3)Makes any person who violates this bill guilty of an
infraction, punishable by a maximum fine of $10 per day for
each item sold or permitted to be sold after the expiration or
"use by" date.
EXISTING LAW establishes the Sherman Food, Drug, and Cosmetic
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Law, administered by the Department of Public Health (DPH), to
regulate the contents, packaging, labeling, and advertising of
food, drugs, and cosmetics in California.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, minor absorbable workload to DPH to continue
oversight of state food and product labeling laws.
COMMENTS : The author states that current law does not prohibit
the sale of infant formula, baby food, and OTC medications
beyond the "use by" or expiration dates indicated on their
packaging, but federal law requires these dates to be disclosed
on their labels. The author notes that expiration and "use by"
dates are important in keeping consumers safe and should be
regulated at the state level. The author asserts that retailers
that stock expired items not only violate state laws against
false advertising and unfair business practices, they endanger
the well-being of California's consumers. The author maintains
that this bill will make certain that the health and safety of
California consumers are protected by prohibiting and penalizing
the sale of expired infant formula, baby food, and OTC
medications.
According to information provided by the author, this bill
arises from a March 2008 undercover shopping operation in which
state investigators with the Attorney General's (AG) office
found 48 expired products on the shelves of 26 CVS Pharmacies in
Los Angeles, Orange, and San Diego counties. Some of the
expired products, which included baby formula, toddler food, and
over-the-counter medications, were between four and six months
old. As a result of the investigation, the AG stated that CVS
Pharmacy's practice of stocking expired items on its stores'
shelves falsely implied that the products met federal standards
and the AG called on CVS Pharmacy to change its policies to
ensure that sales of expired products would not occur in the
future.
Federal regulations require a "use-by" date on the product label
of infant formula and the varieties of baby food under
inspection by the federal Food and Drug Administration (FDA).
If consumed by that date, the formula or food must not contain
less than the quantity of each nutrient as described on the
label. Formula must maintain an acceptable quality to pass
through an ordinary bottle nipple. If stored too long, formula
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can separate and clog the nipple. Dating of baby food is for
quality as well as for nutrient retention. The "use-by" date is
selected by the manufacturer, packer, or distributor of the
product on the basis of product analysis throughout its shelf
life; tests; or, other information. It is also based on the
conditions of handling, storage, preparation, and use printed on
the label.
The FDA began requiring expiration dates on drugs in 1979 in
order to set uniform testing and reporting guidelines. Federal
regulations require a drug product to bear an appropriate
expiration date as determined by stability testing that analyzes
the capacity of the drug to maintain its identity, strength,
quality, and purity for the period of shelf life that the
manufacturer picks. Expiration dates are also required to be
related to any storage conditions specified on the label.
Homeopathic drug products and new drug products for
investigational use are exempt from federal regulations
governing expiration dating.
The sponsor of this bill, Consumer Federation of California
(CFC), states that during tough economic times, consumers
deserve to purchase products that are safe and effective for
themselves and their families. CFC asserts that requiring the
removal of specific products that have exceeded their
nutritional or safety effectiveness is a simple practice that
retailers can employ to protect their customers. The
International Formula Council notes in support that infant
formula products sold past their "sell by" date may experience
nutrient and other losses that could impact the product's safety
and potentially threaten an infant's health. The Consumer
Attorneys of California supports this bill because it levies
fines against retailers who sell products that have already
expired and serves to protect the well-being of California
consumers. Various labor groups write in support that this bill
will act as an incentive for retailers to remove expired
products from their shelves and protect parents and other
consumers from purchasing useless or potentially harmful
products in the future.
The California Grocers Association objects to the punitive and
arbitrary fines in this bill that would be applied even when
innocent mistakes are made and opposes this bill because it
inappropriately targets responsible businesses.
AB 1512
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Analysis Prepared by : Cassie Rafanan / HEALTH / (916)
319-2097
FN: 0000892