BILL NUMBER: AB 1414 ENROLLED
BILL TEXT
PASSED THE SENATE MARCH 13, 2014
PASSED THE ASSEMBLY APRIL 3, 2014
AMENDED IN SENATE MARCH 10, 2014
AMENDED IN SENATE JANUARY 28, 2014
AMENDED IN SENATE JANUARY 13, 2014
INTRODUCED BY Committee on Agriculture (Eggman (Chair), Olsen (Vice
Chair), Dahle, Pan, Quirk, and Yamada)
MARCH 20, 2013
An act to amend Sections 27510, 27519, and 27644 of, and to add
Sections 27519.6 and 27644.5 to, the Food and Agricultural Code, and
to add Sections 109992 and 110674 to the Health and Safety Code,
relating to eggs, and declaring the urgency thereof, to take effect
immediately.
LEGISLATIVE COUNSEL'S DIGEST
AB 1414, Committee on Agriculture. Pasteurized in-shell eggs:
labeling.
(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.
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.
(2) Existing law, the Sherman Food, Drug, and Cosmetic Law (the
Sherman Act), requires the State Department of Health Care Services
to regulate the manufacture, sale, labeling, and advertising
activities related to food, drugs, devices, and cosmetics in
conformity with the federal Food, Drug, and Cosmetic Act. The Sherman
Act also imposes various labeling requirements for food and other
products, and specifies that any food is misbranded if its labeling
is false or misleading, as prescribed. A violation of these
provisions is a crime.
This bill would define the term "pasturized in-shell eggs" for
purposes of the Sherman Act, and would specify that any food is
misbranded if its labeling does not conform with specified
requirements for pasteurized in-shell egg labeling, as prescribed. By
creating a new crime, the bill would impose a state-mandated local
program.
(3) 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 no reimbursement is required by this
act for a specified reason.
(4) This bill would declare that it is to take effect immediately
as an urgency statute.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 27510 of the Food and Agricultural Code is
amended to read:
27510. "Egg handler" means a person engaged in the business of
producing, candling, grading, packing, or otherwise preparing shell
eggs or pasteurized in-shell eggs 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.
SEC. 2. Section 27519 of the Food and Agricultural Code is amended
to read:
27519. "Shell eggs" means any in-shell eggs other than
pasteurized in-shell eggs, as defined in Section 27519.6.
SEC. 3. Section 27519.6 is added to the Food and Agricultural
Code, to read:
27519.6. "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.
SEC. 4. Section 27644 of the Food and Agricultural Code is amended
to read:
27644. (a) Except as provided in subdivision (c), it 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. This section does not apply to pasteurized in-shell
eggs.
(d) All eggs returned from grocery stores, store warehouses, and
institutions shall not be reprocessed for retail shell egg sales.
(e) (1) For 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 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.
SEC. 5. Section 27644.5 is added to the Food and Agricultural
Code, to read:
27644.5. (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 or the State Department of Public Health 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.
SEC. 6. Section 109992 is added to the Health and Safety Code, to
read:
109992. "Pasteurized in-shell eggs" means shell eggs that have
been pasteurized by any method approved by the federal Food and Drug
Administration, the Department of Food and Agriculture, or the
department.
SEC. 7. Section 110674 is added to the Health and Safety Code, to
read:
110674. Any food is misbranded if its labeling does not conform
with the requirements for pasteurized in-shell egg labeling as set
forth in Section 27644.5 of the Food and Agricultural Code, and the
regulations adopted pursuant thereto.
SEC. 8. 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.
SEC. 9. 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:
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.