BILL NUMBER: AB 1400	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 15, 2013

INTRODUCED BY   Committee on Jobs, Economic Development, and the
Economy (Medina (Chair), Daly, Fong, Fox, Hueso, and  V.
Manuel Pérez)   V. Manuel   Pérez)  )

                        MARCH 11, 2013

   An act to amend  Section   Sections 110190
and  110200 of the Health and Safety Code, relating to export
documents.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1400, as amended, Committee on Jobs, Economic Development, and
the Economy. Export documents: expiration.
   The Sherman Food, Drug, and Cosmetic Law authorizes a person who
ships to another state or country a food, drug, device, or cosmetic
manufactured or produced in this state to request that the State
Department of Public Health issue an export document to reference the
shipment.  Existing law requires that a person requesting an
export document submit certain information and documents to the
department, including original labels and advertising affixed to,
accompanying, or relating to the food, drug, device, or cosmetic, and
authorizes the department to accept copies if the submission of the
original labels or advertising is impractical.  Under existing
law, an export document expires 180 days after its issue date.
   This bill would  instead   authorize a person
requesting an export document to make the request in electronic
format, and would require the department to accept requests submitted
by email or   other electronic methods, including
electronic copies of labels or advertising. The bill would require
the department to develop procedures to expedite approval of requests
for an export document in which the labels and advertising remain
unchanged from a previously approved request for an export document
for that food, drug, device, or cosmetic. The bill would further
 require that an export document expire one year after its issue
date.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

   SECTION 1.    Section 110190 of the   Health
and Safety Code   is amended to read: 
   110190.   (a)    Any person who ships to another
state or country a food, drug, device, or cosmetic manufactured or
produced in this state may request the department to issue an export
document to reference the shipment of the food, drug, device, or
cosmetic. The food, drug, device, or cosmetic shall be manufactured
or produced in this state by a person who has a valid registration,
license, certificate, or permit issued by the department under this
part or the Miscellaneous Food, Food Facility, and Hazardous
Substances Act (Section 27). For each request, the requesting person
shall submit to the department  , in hardcopy or electronic
format,  all of the following: 
   (a) 
    (1)  All  original  labels, labeling,
and advertising affixed to, accompanying, or relating to the food,
drug, device, or cosmetic. The department  may  
shall  accept  electronic or paper  copies  if
submission of original   of  labels, labeling, or
advertising  is impractical  . 
   (b) 
    (2)  If not clearly evident from the materials submitted
pursuant to  subdivision (a)  paragraph (1)
 , the requester shall submit both of the following: 
   (1) 
    (A)  The name, place of business, and the type and
number of the registration, license, certificate, or permit issued by
the department to the manufacturer or producer of the food, drug,
device, or cosmetic. 
   (2) 
    (B)  The identity of the food, drug, device, or cosmetic
being shipped. 
   (c) 
    (3)  The name of the state or country to which the food,
drug, device, or cosmetic is being shipped. 
   (d) 
    (4)  The approximate date of shipment of the food, drug,
device, or cosmetic. 
   (e) 
    (5)  Additional statements the requesting person wishes
to have incorporated into the export document. 
   (f) 
    (6)  The name and telephone number of the requesting
person to whom the department may refer questions or requests for
additional information. 
   (g)
    (7)  The one-time fee required by paragraph (1) of
subdivision (a) of Section 110210, if the fee has not yet been paid,
and the minimum charge required by paragraph (2) of subdivision (a)
of Section 110210. 
   (b) The department shall accept requests for an export document
submitted by email or other electronic methods.  
   (c) The department shall develop procedures to expedite approval
of requests for an export document in which the labels, labeling, and
advertising affixed to, accompanying, or relating to the food, drug,
device, or cosmetic remain unchanged from a previously approved
request for an export document for that food, drug, device, or
cosmetic. 
   SECTION 1.   SEC. 2.   Section 110200 of
the Health and Safety Code is amended to read:
   110200.  (a)  Each export document issued by the department shall
do all of the following:
   (1)  Identify either or both of the following:
   (A)  The name and place of business of the manufacturer or
producer of the food, drug, device, or cosmetic.
   (B)  The name and place of business of the distributor of the
food, drug, device, or cosmetic.
   (2)  Identify the food, drug, device, or cosmetic being shipped.
   (3)  Identify the state or country to which the food, drug,
device, or cosmetic is being shipped.
   (4)  Identify the approximate date of shipment.
   (5)  Describe the department's authority over the food, drug,
device, or cosmetic to be shipped and its manufacturer or producer.
   (6)  State that the department does not object to the sale of the
food, drug, device, or cosmetic in this state or the shipment of the
food, drug, device, or cosmetic to any other state or country.
   (b)  Each export document issued by the department may, in the
department's sole discretion, include additional statements requested
by the person who requested the export document.
   (c)  Each export document issued by the department shall be issued
by the Chief of the Food and Drug Branch of the department, or his
or her designee. The chief or his or her designee may issue an export
document prepared by the department or by the requesting person.
   (d)  The export document shall expire one year after its issue
date.