BILL ANALYSIS Ó
AB 1414
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CONCURRENCE IN SENATE AMENDMENTS
AB 1414 (Agriculture Committee)
As Amended March 10, 2014
2/3 vote. Urgency
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|ASSEMBLY: | |(May 24, 2013) |SENATE: |31-0 |(March 13, 2014) |
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(vote not relevant)
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|COMMITTEE VOTE: |6-0 |(March 26, 2014) |RECOMMENDATION: |concur |
|(Agri.) | | | | |
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Original Committee Reference: A. & A.R
SUMMARY : Creates a new definition for "pasteurized in-shell eggs"
and includes these eggs in the definition of an "egg handler;"
exempts pasteurized in-shell eggs from current labeling
requirements for "shell eggs" and instead creates new labeling
requirements and sell-by date criteria for pasteurized in-shell
eggs. Contains an urgency clause, allowing this bill to take
effect immediately upon enactment.
The Senate amendments delete the Assembly version of this bill, and
instead:
1)Define "pasteurized in-shell eggs" to mean in-shell eggs that
have been pasteurized by a method approved by the Food and Drug
Administration (FDA), the California Department of Food and
Agriculture (CDFA) or the California Department of Public Health
(CDPH).
2)Add pasteurized in-shell eggs to the definition of an egg
handler.
3)Exclude pasteurized in-shell eggs from the definition and
labeling requirements for "shelled eggs."
4)Create new labeling requirements for pasteurized in-shell eggs
that allows for a sell-by date not to exceed 75 days from the
date of pasteurization, requires identification of the eggs as
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pasteurized, and requires processors of such eggs to complete an
appropriate shelf-stability study that includes public health and
safety criteria which shall be made available to CDFA or CDPH
upon request.
5)Specify that a food is misbranded if its labeling does not
conform to the requirements for pasteurized in-shell egg labeling
as defined in this bill.
6)Exclude labeling requirements for pasteurized in-shell eggs that
are packaged for interstate commerce to a state or federal agency
that requires a different format for the sell-by or
best-if-used-by date, and the egg processor utilizes that format.
7)Require CDFA, in consultation with the Shell Egg Advisory
Committee, to establish a plant identification numbering system
and assign identification numbers to all pasteurized in-shell egg
handling facilities.
EXISTING LAW does not identify a difference between shell eggs and
pasteurized in-shell eggs and specified labeling requirements,
specifically a 30 day sell-by date from packaging.
FISCAL EFFECT : According to the Senate Appropriations Committee,
pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS : Current processors of pasteurized in-shell eggs are not
selling them in California due to the 30 day sell-by date
requirement for shelled eggs. By pasteurizing the egg in-shell it
provides a safer, longer shelf life product, and due to the added
expense of the processing, there needs to be a greater time frame
for retail sale and the ability for commercial users to be able to
store and use the eggs.
The United States Department of Agriculture (USDA) Agricultural
Marketing Service (AMS) allows for the use of an identification
symbol to officially identify products produced from U.S. Grade AA
or Grade A shell eggs that are processed into pasteurized in-shell
eggs. Additionally, the USDA "Certified Pasteurized" symbol may be
used to identify pasteurized eggs that have been processed in
accordance with USDA's established pasteurization processing
requirements.
This bill extends the sell-by date for pasteurized in-shell eggs
from 30 days to no greater than 75 days. Processors will be
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required to provide a shelf-stability study verifying that the
extended sell-by date meets public health and safety standards.
Although not currently required by law, shelf-stability studies are
used by food manufacturers to best determine sell-by dates to avoid
deterioration and decomposition of their products in the
marketplace. Any decomposed food would be considered adulterated
under existing state and federal law, and the sale of such food
constitutes a violation.
Analysis Prepared by : Jim Collin / AGRI. / (916) 319-2084
FN: 0003070