BILL NUMBER: SB 1486	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 16, 2012
	AMENDED IN SENATE  MARCH 28, 2012

INTRODUCED BY   Senator Lieu
    (   Coauthor:   Senator   de León
  ) 

                        FEBRUARY 24, 2012

   An act to add Section 114092 to the Health and Safety Code,
relating to food facilities.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1486, as amended, Lieu. Food facilities: menu labeling.
   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. The code requires fish that are received for sale or
service to be commercially and legally caught or harvested. The code
also imposes various labeling and storage requirements for
shellstock.
   This bill would require a retail food facility, as defined, that
offers or sells as a menu item seafood, as defined,  that is
raised, caught, or produced outside the United States  to
identify  on the menu  specified information
regarding the seafood  and, if the retail food facility has a
drive-through area and uses a menu board to display or list menu
items, to disclose on this menu board a statement that this specified
information is available upon request  .
   The bill would require the department or local enforcement
agencies to enforce these provisions, as specified, and would make a
violation an infraction or subject to a civil penalty.  The bill
would provide an exception to these enforcement provisions for food
facilities that were provided inaccurate information by the entity
that provided the seafood. 
   By expanding the definition of a crime and imposing additional
duties upon local officials, this bill would impose 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.
   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.  Section 114092 is added to the Health and Safety Code,
to read:
   114092.  (a)  A   (1)    
Except as provided in paragraph (2), a  retail food facility
that offers or sells  seafood  as a menu item 
seafood that is raised, caught, or produced outside the United States
 shall identify on  the menu   a
display, brochure, or a menu insert that is readily available to the
consumer  all of the following information: 
   (1) 
    (A)  The  species of seafood  
scientific common name of the seafood that constitutes the menu item
 . 
   (2) 
    (B)  The country in which the seafood was raised or
caught. 
   (3) 
    (   C)  Whether the seafood was raised or
caught wild. 
   (2) A retail food facility that has a drive-through area and uses
a menu board to display or list menu items within the drive-through
area at the point of sale shall disclose for any seafood item offered
for sale on this menu board a statement on the menu board that reads
"INFORMATION REGARDING THE SPECIES OF SEAFOOD, THE COUNTRY WHERE IT
WAS RAISED OR CAUGHT, AND WHETHER IT WAS RAISED OR CAUGHT WILD, IS
AVAILABLE UPON REQUEST" or other similar statement. 
   (b) (1) Enforcement of this section shall be pursuant to Section
113713.
   (2) (A) A violation of this section is, notwithstanding Section
114395, an infraction, punishable by a fine of not less than fifty
dollars ($50) nor more than five hundred dollars ($500). A second
violation within a five-year period from a prior violation shall be
punishable by a fine of not less than one hundred dollars ($100) nor
more than one thousand dollars ($1,000). For a third or subsequent
violation within a five-year period, the fine shall be not less than
two hundred fifty dollars ($250) nor more than two thousand five
hundred dollars ($2,500). A food facility shall not be found to have
committed a violation under this paragraph more than once during an
inspection visit.
   (B) Alternatively, the enforcement agency may assess a civil
penalty of an amount that is no less than or greater than the amounts
specified for fines in this paragraph. 
   (3) A food facility shall not be liable for a violation of this
section if the food facility was provided false or inaccurate
information from the wholesaler, seafood distributor, or other entity
that provides the food facility with the seafood. 
   (c) For purposes of this section, all of the following definitions
shall apply:
   (1) "Food facility" means a food facility in the state that
operates as part of a chain with at least 19 other food facilities
doing business with the same name and offering for sale substantially
the same menu items.
   (2) "Seafood" means naturally born, hatchery-raised, net-pen
aquacultural, or farm-raised fish and shellfish. "Seafood" includes a
fillet, steak, nugget, and any other flesh from fish or shellfish
 , even if the fish or shellfish is processed, breaded, and
battered .
  SEC. 2.  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.