BILL NUMBER: AB 688 CHAPTERED
BILL TEXT
CHAPTER 681
FILED WITH SECRETARY OF STATE OCTOBER 9, 2011
APPROVED BY GOVERNOR OCTOBER 9, 2011
PASSED THE SENATE SEPTEMBER 8, 2011
PASSED THE ASSEMBLY SEPTEMBER 9, 2011
AMENDED IN SENATE SEPTEMBER 2, 2011
AMENDED IN SENATE AUGUST 24, 2011
AMENDED IN SENATE AUGUST 15, 2011
AMENDED IN SENATE JULY 12, 2011
AMENDED IN SENATE JUNE 23, 2011
INTRODUCED BY Assembly Member Pan
(Coauthor: Assembly Member Mitchell)
(Coauthor: Senator Alquist)
FEBRUARY 17, 2011
An act to add Section 114094.5 to, and 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, 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. The California Retail Food
Code provides for the regulation of health and sanitation standards
for retail food facilities, as defined, by the State Department of
Public Health. Under existing law, local health agencies are
primarily responsible for enforcing the California Retail Food Code.
A violation of any of these provisions is punishable as a
misdemeanor.
This bill would prohibit a retailer from selling or offering for
sale after the expiration date an over-the-counter drug, as defined.
The bill would also prohibit a retail food facility from selling or
offering for sale after the "use by" date infant formula or baby food
that is required to have this date on its packaging pursuant to
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. This bill would also authorize the
department or an enforcement agency, as specified, to assess
administrative penalties on a retailer who violates these provisions
in the amount of $10 per day for each item sold or offered for sale
in violation of these provisions, in addition to other penalties
authorized by law. By creating new crimes and imposing additional
duties on local officials, 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 with regard to certain mandates no
reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.
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 DATES
110286. (a) A retailer shall not sell or offer for sale after the
expiration date an over-the-counter drug.
(b) 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 offered for
sale after the expiration date. The fine shall be calculated based
upon the number of days past the expiration date that the product is
either found being offered for sale, or if the product is sold, the
date of sale as established by evidence of proof of purchase,
including, but not limited to, a sales receipt.
(c) The department may assess administrative penalties on a
retailer who violates this section in the amount of ten dollars ($10)
per day for each item sold or offered for sale, in addition to other
penalties authorized by law.
(d) For purposes of this section,"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. Section 114094.5 is added to the Health and Safety Code,
to read:
114094.5. (a) A retail food facility shall not sell or offer for
sale after the "use by" date, infant formula or baby food that is
required to have this date on its packaging pursuant to the federal
act, as defined in Section 109930, 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) Notwithstanding Section 114395, any retail food facility that
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
offered for sale after the "use by" date. The fine shall be
calculated based upon the number of days past the "use by" date that
the product is either found being offered for sale, or if the product
is sold, the date of sale as established by evidence of the proof of
purchase, including, but not limited to, a sales receipt.
(c) An enforcement agency may assess administrative penalties on a
retail food facility that violates this section in the amount of ten
dollars ($10) per day for each item sold or offered for sale, in
addition to other penalties authorized by law.
(d) 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.
SEC. 3. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution for
certain costs that may be incurred by a local agency or school
district because, in that regard, 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.
However, if the Commission on State Mandates determines that this
act contains other costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division 4 of
Title 2 of the Government Code.