BILL NUMBER: SB 667	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 25, 2013
	AMENDED IN SENATE  APRIL 1, 2013

INTRODUCED BY   Senator Roth

                        FEBRUARY 22, 2013

   An act to amend  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,   Section 25996
of  the Health and Safety Code, relating to public health.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 667, as amended, Roth.  Healthy eating program.
  Retail sale of shelled eggs.  
   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.  
   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.  
   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.  
   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. 
   Vote: majority. Appropriation: no. Fiscal committee:  yes
  no  . State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 25996 of the   Health
and Safety Code   is amended to read: 
   25996.  Commencing January 1, 2015, a shelled egg shall not be
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 set forth in Chapter 13.8 (commencing with Section
25990). 
   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).  
  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.