Amended in Senate January 13, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 1414

Introduced by begin delete Committee on Accountability and Administrative Review (Frazier (Chair), Achadjian (Vice Chair), Buchanan, Ian Calderon, Cooley, Lowenthal, Medina, Quirk-Silva, and Salas) end delete begin insert Committee on Agriculture (Eggman (Chair), Olsen (Vice Chair), Dahle, Pan, Quirk, and Yamada) end insert

March 20, 2013

An act to amend begin delete Section 12102 of the Business and Professions Code,relating to weights and measures end delete begin insert Sections 27510, 27519, and 27644 of, and to add Sections 27519.6 and 27644.5 to, the Food and Agricultural Code, relating to eggs, and declaring the urgency thereof, to take effect immediately end insert .

LEGISLATIVE COUNSEL’S DIGEST

AB 1414, as amended, begin delete Committee on Accountability and Administrative Review end delete   begin insert Committee on Agriculture end insert . begin delete Weights and measures: annual report. end delete begin insert Pasteurized in-shell eggs. end insert

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(1) Existing law requires egg handlers to register with the Secretary of Food and Agriculture and generally sets forth standards for shell eggs. Existing law imposes specified requirements relating to packing and labeling shell eggs and makes a violation of those provisions a crime.

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This bill would exclude pasteurized in-shell eggs, as defined, from the labeling provisions that are generally applicable to shell eggs, and would instead impose other labeling requirements on egg handlers of pasteurized in-shell eggs, as specified. By creating new crimes, the bill would impose a state-mandated local program.

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(2) 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.

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This bill would provide that no reimbursement is required by this act for a specified reason.

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(3) This bill would declare that it is to take effect immediately as an urgency statute.

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Existing law requires the Department of Food and Agriculture, except as provided, to have general supervision of the weights and measures and weighing and measuring devices sold or used in the state. Existing law requires the department to annually report to the Governor, and the Legislature before each regular session, the work related to weights and measures, and to make recommendations that may be proper and necessary.

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This bill would also require the department to post the annual report on its Internet Web site.

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Vote:  begin delete majority end delete begin insert ²⁄₃ end insert . Appropriation: no. Fiscal committee: yes. State-mandated local program:  begin delete no end delete begin insert yes end insert .

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

end insert

begin insert Section 27510 of the end insert begin insert Food and Agricultural Code end insert
begin insert is amended to read: end insert

27510.  

“Egg handler” means a person engaged in the business
of producing, candling, grading, packing, or otherwise preparing
shell eggs begin insert or pasteurized in-shell eggs end insert for market or who engages
in the operation of selling or marketing eggs that he or she has
produced, purchased, or acquired from a producer, or which he or
she is marketing on behalf of a producer, whether as owner, agent,
employee, or otherwise. This section shall not apply to any
purchaser who is a retailer and who does not handle eggs in any
other capacity, except as a retailer.

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begin insert SEC. 2. end insert   

end insert

begin insert Section 27519 of the end insert begin insert Food and Agricultural Code end insert begin insert is
amended to read: end insert

27519.  

“Shell eggs” means begin insert any in-shell end insert eggs begin insert other than
pasteurized in-shell eggs, as defined in Section 27519.6 end insert .

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begin insert SEC. 3. end insert   

end insert

begin insert Section 27519.6 is added to the end insert begin insert Food and Agricultural
Code end insert begin insert , to read: end insert

begin insert

begin insert 27519.6. end insert   

“Pasteurized in-shell eggs” means in-shell eggs that
have been pasteurized by any method approved by the federal
Food and Drug Administration or the department.

end insert

begin insert

begin insert SEC. 4. end insert   

end insert

begin insert Section 27644 of the end insert begin insert Food and Agricultural Code end insert begin insert is
amended to read: end insert

27644.  

(a)  begin delete It end delete begin insert Except as provided in subdivision (c), it end insert is
unlawful for an egg handler, as defined in Section 27510, to sell,
offer for sale, or expose for sale eggs that are packed or graded
for human consumption unless at least one of the following
conditions is met:

(1) The consumer container is plainly, legibly, and
conspicuously labeled “KEEP REFRIGERATED” or with words
of similar meaning. Consumer container labeling that complies
with the safe-handling instructions required by Section 101.17 of
Title 21 of the Code of Federal Regulations shall be deemed to
comply with this paragraph.

(2) A conspicuous sign is posted at the point of sale for eggs on
bulk display advising consumers that the eggs are to be refrigerated
as soon as practical after purchase.

(b) Except as provided in subdivision (c), it is unlawful for an
egg handler to sell, offer for sale, or expose for sale eggs that are
packed for human consumption unless each container intended for
sale to the ultimate consumer is labeled on one outside top, side,
or end with all of the following:

(1) (A) The words “Sell-by” immediately followed by the month
and day in bold type, for example “June 30” or “6-30.” Common
abbreviations of months shall be permitted.

(B) The sell-by date shall not exceed 30 days from the date on
which the eggs were packed, excluding the date of packing.

(C) If the eggs are repacked but not regraded, the original sell-by
date shall apply.

(2) A Julian pack date. As used in this paragraph, the Julian
pack date is the consecutive day of the year on which the eggs
were packed.

(3) The identification number of the plant of origin.

(c) This section does not apply to eggs that are packaged for
export. Paragraph (1) of subdivision (b) does not apply to eggs
that are packaged for interstate commerce or eggs that are packaged
for military sales. begin insert This section does not apply to pasteurized
in-shell eggs. end insert

(d) All eggs returned from grocery stores, store warehouses,
and institutions shall not be reprocessed for retail shell egg sales.

(e) (1) For the purposes of paragraph (3) of subdivision (b), the
department, in consultation with the Shell Egg Advisory
Committee, shall establish a plant identification numbering system
and assign identification numbers to all egg handling facilities.

(2) For the purposes of complying with paragraph (3) of
subdivision (b), an egg handling facility that is inspected by the
United States Department of Agriculture, and to which a federal
plant identification number has been assigned, may use the federal
identification number, the identification number assigned by the
department, or both.

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begin insert SEC. 5. end insert   

end insert

begin insert Section 27644.5 is added to the end insert begin insert Food and Agricultural
Code end insert begin insert , to read: end insert

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begin insert 27644.5. end insert   

(a) It is unlawful for an egg handler, as defined in
Section 27510, to sell, offer for sale, or expose for sale pasteurized
in-shell eggs that are packed for human consumption unless both
of the following conditions are met:

(1) The consumer container is conspicuously labeled “KEEP
REFRIGERATED” or with words of similar meaning. Consumer
container labeling that complies with the safe handling instructions
required by Section 101.17 of Title 21 of the Code of Federal
Regulations shall be deemed to comply with this paragraph.

(2) A conspicuous sign is posted at the point of sale for
pasteurized in-shell eggs on bulk display advising consumers that
the pasteurized in-shell eggs are to be refrigerated as soon as
practical after purchase.

(b) Except as provided in subdivision (c), it is unlawful for an
egg handler to sell, offer for sale, or expose for sale pasteurized
in-shell eggs that are packed for human consumption unless each
container intended for sale to the ultimate consumer is labeled on
one outside top, side, or end with all of the following:

(1) The words “Sell by” immediately followed by the month and
day in bold type. Common abbreviations for months may be used.

(A) The sell-by date shall not exceed 75 days from the date on
which the pasteurized in-shell eggs were pasteurized, excluding
the date of pasteurization. Processors of in-shell eggs that subject
the eggs to the pasteurization process shall establish a sell-by date
by completion of an appropriate shelf stability study that includes
public health and safety criteria. The processor shall retain the
study on file at the processing plant and make it available to the
department upon request.

(B) If the pasteurized in-shell eggs are repacked, the original
sell-by date shall apply.

(2) A Julian pack date. As used in this paragraph, the Julian
pack date is the consecutive day of the year on which the
pasteurized in-shell eggs were pasteurized.

(3) The identification number of the plant of origin.

(4) A conspicuous identification of the eggs as “pasteurized.”

(5) All state and federal labeling requirements.

(c) This section does not apply to pasteurized in-shell eggs that
are packaged for export.

(d) Paragraph (1) of subdivision (b) does not apply to
pasteurized in-shell eggs that are packaged for interstate commerce
or pasteurized in-shell eggs that are packaged for military sales
if exported to a state or federal agency that requires a different
format for the sell-by or best-if-used-by date on pasteurized
in-shell eggs, and the processor is utilizing that format.

(e) All pasteurized in-shell eggs returned from grocery stores,
store warehouses, and institutions shall not be reprocessed for
any retail in-shell egg sales.

(f) (1)   The department, in consultation with the Shell Egg
Advisory Committee, established pursuant Section 27571, shall
establish a plant identification numbering system and assign
identification numbers to all pasteurized in-shell egg handling
facilities.

(2) For purposes of complying with paragraph (3) of subdivision
(b), a pasteurized in-shell egg handling facility that is inspected
by the United States Department of Agriculture or the federal Food
and Drug Administration, and to which a federal plant
identification number has been assigned, may use the federal
identification number, the identification number assigned by the
department, or both.

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begin insert SEC. 6. end insert   

end insert begin insert

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.

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begin insert

begin insert SEC. 7. end insert   

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This act is an urgency statute necessary for the
immediate preservation of the public peace, health, or safety within
the meaning of Article IV of the Constitution and shall go into
immediate effect. The facts constituting the necessity are:

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In order to make changes to labeling requirements for
pasteurized in-shell eggs at the earliest possible time to protect
public health and safety, it is necessary that this act take effect
immediately.

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begin delete

SECTION 1.  

Section 12102 of the Business and Professions
Code is amended to read:

12102.  

The department shall annually report to the Governor,
and shall before each regular session report to the Legislature, the
work under this division, and shall make recommendations that
may be proper and necessary. The department shall post the annual
report on its Internet Web site.

end delete