BILL ANALYSIS
AB 1512
Page 1
GOVERNOR'S VETO
AB 1512 (Lieu and Jones)
As Amended September 4, 2009
2/3 vote
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|ASSEMBLY: |48-29|(May 28, 2009) |SENATE: |24-12|(September 9, |
| | | | | |2009) |
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|ASSEMBLY: |49-30|(September 10, | | | |
| | |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.
AB 1512
Page 2
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
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.
GOVERNOR'S VETO MESSAGE :
"This bill is unnecessary. Current law already has strong
provisions and accompanying penalties for adulterated food and
drug products."
Analysis Prepared by : Marjorie Swartz / HEALTH / (916)
319-2097
FN: 0003406