BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 1512
                                                                  Page  1

          CONCURRENCE IN SENATE AMENDMENTS
          AB 1512 (Lieu and Jones)
          As Amended September 4, 2009
          Majority vote
           
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          |ASSEMBLY:  |48-29|(May 28, 2009)  |SENATE: |24-12|(September 9,  |
          |           |     |                |        |     |2009)          |
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           Original Committee Reference:   HEALTH  

           SUMMARY  :  Prohibits a retailer from selling or permitting to be  
          sold infant formula, baby food, and over-the-counter (OTC) drugs  
          beyond the expiration date indicated on the product's packaging  
          and imposes a $10 fine per item per day in violation.

           The Senate amendments  :

          1)Clarify that this bill applies to OTC drugs specifically.

          2)Require the fine imposed by this bill to be calculated based  
            on the number of days between the expiration or "use by" date  
            and the date of sale.

          3)Specify that the date of sale must be established by evidence  
            of the proof of purchase, including, but not limited to, a  
            sales receipt.

          4)Require fines collected pursuant to this bill to be deposited  
            in the state General Fund, or with the local enforcement  
            jurisdiction, as specified.

          5)Define "infant formula," "baby food," and "OTC drug" for  
            purposes of this bill.

          6)State legislative intent to ensure 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 that public purchasers of expired  
            products contact their respective state or local authorities.

           EXISTING LAW  establishes the Sherman Food, Drug, and Cosmetic  
          Law, administered by the Department of Public Health, to  
          regulate the contents, packaging, labeling, and advertising of  








                                                                  AB 1512
                                                                  Page  2

          food, drugs, and cosmetics in California.

           AS PASSED BY THE ASSEMBLY  , this bill was substantially similar  
          to the version approved by the Assembly.  

           FISCAL EFFECT  :  According to the Senate Appropriations  
          Committee, pursuant to Senate Rule 28.8, negligible state costs.  
           

           COMMENTS  :  The Senate version differs from the Assembly-approved  
          version in that the Senate amendments make clarifying changes  
          related to enforcement, collection of fines, and the type of  
          drugs that are subject to this bill.  
           
          Analysis Prepared by  :    Cassie Rafanan / HEALTH / (916)  
          319-2097 
                                                                FN: 0003080