Amended in Assembly June 25, 2013

Amended in Senate April 1, 2013

Senate Bill No. 667

Introduced by Senator Roth

February 22, 2013

An act to amend begin delete Sections 104650 and 104655 of, and to amend the heading of Article 2 (commencing with Section 104650) of Chapter 2 of Part 3 of Division 103 of, end delete begin insert Section 25996 of end insert the Health and Safety Code, relating to public health.

LEGISLATIVE COUNSEL’S DIGEST

SB 667, as amended, Roth. begin delete Healthy eating program. end delete begin insert Retail sale of shelled eggs. end insert

begin insert

Existing law prohibits a shelled egg from being sold or contracted for sale for human consumption in California if it is the product of an egg-laying hen that was confined on a farm or place that is not in compliance with animal care standards. Violation of these provisions is a misdemeanor.

end insert begin insert

This bill would instead prohibit a shelled egg from being sold or contracted for sale for human consumption in California if it is known to be the product of an egg-laying hen that was confined on a farm or place that is not in compliance with animal care standards. The bill would specify that, for purposes of this prohibition, a retail seller of eggs is conclusively presumed to lack knowledge that eggs are noncomplying if the retail seller receives and maintains for one year after the sale a bill of lading, invoice, or other document affirmatively stating in writing that the eggs were the product of egg-laying hens confined in compliance with animal care standards.

end insert begin delete

Existing law requires the State Department of Public Health to establish and implement the 5 A Day--For Better Health program to promote public awareness of the need to eat more fruits and vegetables in order to improve health and prevent major chronic diseases. Existing law specifies that these provisions do not prohibit contributions to the program by certain marketing organizations and commissions.

end delete begin delete

This bill would instead require the department to establish and implement a healthy eating program, as specified, to promote public awareness of the need to eat healthy. The bill would also specify that these provisions do not prohibit contributions to the healthy eating program by certain marketing orders.

end delete

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

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

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 25996 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

25996.  

Commencing January 1, 2015, a shelled egg shall not
be sold or contracted for sale for human consumption in California
if it is begin insert known to be end insert the product of an egg-laying hen that was
confined on a farm or place that is not in compliance with animal
care standards set forth in Chapter 13.8 (commencing with Section
25990).

begin insert

For purposes of this section, a retail seller of eggs is conclusively
presumed to lack knowledge that eggs are not in compliance with
those standards if the retail seller receives and maintains for one
year after the sale a bill of lading, invoice, or other document from
the egg producer or other person from whom the retailer purchased
the eggs that affirmatively states in writing that the eggs were the
product of egg-laying hens that were confined in compliance with
the animal care standards set forth in Chapter 13.8 (commencing
with Section 25990).

end insert

begin delete

SECTION 1.  

The heading of Article 2 (commencing with
Section 104650) of Chapter 2 of Part 3 of Division 103 of the Health and Safety Code is amended to read:

 

Article 2.  Healthy Eating Program

 

SEC. 2.  

Section 104650 of the Health and Safety Code is amended
to read:

104650.  

(a) The department shall establish and implement, to
the extent funds are available pursuant to subdivision (d) which
are other than state general funds, a healthy eating program, based
on 5 A Day, MyPlate, or other similar healthy eating campaign
programs, for the purpose of promoting public awareness of the
need to eat healthy and increase the consumption of fruits and
vegetables as part of a low-fat, high-fiber diet in order to improve
health and prevent major chronic diseases, including diet-related
cancers.

(b) The department may promote the healthy eating program to
the public through channels, including, but not limited to, print
and electronic media, retail, grocers, schools, and other government
programs. For purposes of this article, “public” includes, but is
not limited to, the general adult population, adults with lower
educational attainment, schoolage children and youth, and high-risk
groups determined by the department.

(c) The department may, at its sole discretion, contract with
qualified organizations for general or specialized services to
implement this article, including personnel, marketing, public
relations, research, evaluation, and administration.

(d) The department is encouraged to investigate all available
funding sources, public and private, for the purposes of this article,
including application for public and private grants.

SEC. 3.  

Section 104655 of the Health and Safety Code is
amended to read:

104655.  

Notwithstanding any other law, nothing in this article
prohibits contributions to the program created pursuant to this
article by marketing orders issued pursuant to Division 21
(commencing with Section 58001) of the Food and Agricultural
Code and organizations and commissions subject to Division 22
(commencing with Section 63901) of the Food and Agricultural
Code.

end delete