BILL NUMBER: AB 688	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JULY 12, 2011
	AMENDED IN SENATE  JUNE 23, 2011

INTRODUCED BY   Assembly Member Pan
   (Coauthor: Assembly Member Mitchell)

                        FEBRUARY 17, 2011

   An act to add Chapter 3.5 (commencing with Section 110286) to Part
5 of Division 104 of the Health and Safety Code, relating to food
and drug safety.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 688, as amended, Pan. Food and drugs: sale.
   The Sherman Food, Drug, and Cosmetic Law contains various
provisions regarding the contents, packaging, labeling, and
advertising of food, drugs, and cosmetics. A violation of any of
these provisions is punishable as a misdemeanor.
   This bill would prohibit a retailer from selling  or
permitting to be sold  after the expiration or "use by" or
"use before" date infant formula or baby food that is required to
have this date on its packaging pursuant to federal law. It would
also prohibit a retailer from selling  or permitting to be
sold  after the expiration or "use by" or "use before" date
an over-the-counter drug, as defined, that is required to have this
expiration date on its packaging pursuant to that federal law. This
bill would make a violation of its provisions an infraction,
punishable by a fine of not more than $10 per day, calculated as
prescribed. By creating a new crime, this bill would create a
state-mandated local program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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

  SECTION 1.  Chapter 3.5 (commencing with Section 110286) is added
to Part 5 of Division 104 of the Health and Safety Code, to read:
      CHAPTER 3.5.  EXPIRATION, USE BY, AND USE BEFORE DATES


   110286.  (a) A retailer shall not sell  or permit to be
sold  after the expiration or "use by" or "use before" date
infant formula or baby food that is required to have this date on its
packaging pursuant to the federal act and federal regulations
adopted pursuant to the federal act, including, but not limited to,
Section 107.20 of Title 21 of the Code of Federal Regulations.
   (b) A retailer shall not sell  or permit to be sold
 after the expiration or "use by" or "use before" date an
over-the-counter drug.
   (c) This section shall not be construed to preclude any other
action authorized by law.
   (d) Notwithstanding Section 111825, any retailer who violates this
section is guilty of an infraction, punishable by a fine of not more
than ten dollars ($10) per day for each item sold  or
permitted to be sold  after the expiration or "use by" or
"use before" date. The fine shall be calculated based upon the number
of days between the expiration or "use by" or "use before" date and
the date of sale. The date of sale shall be established by evidence
of the proof of purchase, including, but not limited to, a sales
receipt. Notwithstanding Section 111835, the moneys from fines
collected pursuant to this section shall be deposited in the General
Fund, except that when fines are collected pursuant to this section
by a local jurisdiction, the moneys collected shall be deposited into
the general fund of the local jurisdiction.
   (e) For purposes of this section, the following definitions shall
apply:
   (1) "Baby food" shall have the meaning given to "baby foods" in
paragraph (c) of Section 407.81 of Title 40 of the Code of Federal
Regulations.
   (2) "Infant formula" shall have the meaning given in subdivision
(z) of Section 321 of Title 21 of the United States Code.
   (3) "Over-the-counter drug" means a nonprescription drug regulated
by the federal Food and Drug Administration that is required to have
an expiration date on its packaging pursuant to the federal act and
federal regulations adopted pursuant to the federal act, including,
but not limited to, Section 211.137 of Title 21 of the Code of
Federal Regulations.
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.