BILL NUMBER: SB 550	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  AUGUST 17, 2009
	AMENDED IN ASSEMBLY  JULY 9, 2009
	AMENDED IN SENATE  MAY 20, 2009

INTRODUCED BY   Senator Florez
   (Coauthor: Senator Romero)

                        FEBRUARY 27, 2009

   An act to add Part 7.1 (commencing with Section 114450) to
Division 104 of the Health and Safety Code, relating to food safety.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 550, as amended, Florez. Public health: food product recall
technology.
   Existing law requires a meat or poultry supplier, distributor,
broker, or processor that sells a meat- or poultry-related product in
California that meets the criteria for a Class I or Class II recall
according to the United States Department of Agriculture guidelines
to immediately notify the State Department of Public Health and to
provide the department with a list of all customers, including a firm
name, address, contact person's name, telephone number, fax, and
e-mail address, that have received or will receive any product
subject to recall that the supplier, distributor, broker, or
processor has handled or anticipates handling.
   This bill would require a grocery store  or grocery
department  , as defined, to ensure that when it is notified
that a product is subject to a recall that applies to all products
with the same Universal Product Code and a recalled product is
scanned, the  store or department's   store'
  s  point-of-sale system, as defined, will prevent the
sale and notify the employee that the product being purchased is
subject to a recall, and that the employee will notify the consumer
of this.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Part 7.1 (commencing with Section 114450) is added to
Division 104 of the Health and Safety Code, to read:

      PART 7.1.  GROCERY STORE RECALL TECHNOLOGY


   114450.  (a) A grocery store  or grocery department
 that uses a point-of-sale system and is informed by the
federal Food and Drug Administration or by the manufacturer that a
product that the grocery store  or grocery department
 offers for sale is subject to a recall that applies to all
products with the same Universal Product Code that contains a product
lot number, date of manufacture, and location of manufacture shall
ensure that, when the product is scanned through the point-of-sale
system, both of the following occur:
   (1) The point-of-sale system prevents the sale of the product and
notifies the employee that the product is subject to a recall.
   (2) The employee verbally notifies the consumer that the sale was
prevented because of the product recall.
   (b) For purposes of this section: 
   (1)"Grocery department" means a food facility, as defined in
Section 113789, within a general retail merchandise store that is
engaged primarily in the retail sale of packaged food, instead of
food prepared for immediate consumption on or off the premises.
 
   (2) 
    (1)  "Grocery store" means a food facility, as defined
in Section 113789, that is engaged primarily in the retail sale of
packaged food, instead of food prepared for immediate consumption on
or off the premises. 
   (3) 
    (2)  "Point-of-sale system" means any computer or
electronic system used by a retail establishment such as, but not
limited to, Universal Product Code scanners, price lookup codes, or
an electronic price lookup system as a means for determining the
price of the item being purchased by a consumer.