BILL NUMBER: AB 1400 CHAPTERED
BILL TEXT
CHAPTER 539
FILED WITH SECRETARY OF STATE OCTOBER 4, 2013
APPROVED BY GOVERNOR OCTOBER 4, 2013
PASSED THE SENATE SEPTEMBER 9, 2013
PASSED THE ASSEMBLY SEPTEMBER 10, 2013
AMENDED IN SENATE SEPTEMBER 3, 2013
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)
MARCH 11, 2013
An act to amend Sections 110190 and 110200 of the Health and
Safety Code, relating to export documents.
LEGISLATIVE COUNSEL'S DIGEST
AB 1400, 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. Existing law also requires a
person requesting an export document to submit specified fees to the
department. Under existing law, an export document expires 180 days
after its issue date.
This bill would authorize a person requesting an export document
to make the request in certain electronic formats, 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 that the fees for requests made
by email, facsimile, or the department's Internet Web site be
submitted within specified time periods. 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.
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 the electronic formats described in
subdivision (c), all of the following:
(1) All labels, labeling, and advertising affixed to,
accompanying, or relating to the food, drug, device, or cosmetic. The
department shall accept electronic or paper copies of labels,
labeling, or advertising.
(2) If not clearly evident from the materials submitted pursuant
to paragraph (1), the requester shall submit both of the following:
(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.
(B) The identity of the food, drug, device, or cosmetic being
shipped.
(3) The name of the state or country to which the food, drug,
device, or cosmetic is being shipped.
(4) The approximate date of shipment of the food, drug, device, or
cosmetic.
(5) Additional statements the requesting person wishes to have
incorporated into the export document.
(6) The name and telephone number of the requesting person to whom
the department may refer questions or requests for additional
information.
(b) The person making the request shall also submit 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.
(c) The department shall accept requests for an export document
submitted by email or other electronic methods.
(1) For requests submitted by email or facsimile on or after
January 1, 2014, payment of the fees described in subdivision (b)
shall be provided to, and received by, the department within five
business days after submittal of the request. The department shall
suspend processing of a request if payment is not received within
five business days, and shall resume processing once it receives the
payment.
(2) For requests submitted using an electronic document request
submittal process developed by the department and available on the
department's Internet Web site, payment shall be submitted at the
time of the request.
(d) 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.
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.