Amended in Senate April 15, 2013

Senate BillNo. 747


Introduced by Senator DeSaulnier

February 22, 2013


An act to add Article 6 (commencing with Section 108670) to Chapter 5 of Part 3 of Division 104 of the Health and Safety Code, relating to public health.

LEGISLATIVE COUNSEL’S DIGEST

SB 747, as amended, DeSaulnier. Public Health Impact Report.

Existing law requires the State Department of Public Health to regulate various consumer products, including food and drugs, for the protection of the people of the state.

This bill, known as the Public Health Epidemic Protection Act of 2013, would require thebegin delete department, for every product intended for consumer consumption for which it has credible evidence that the product significantly contributes to a significant public epidemic, to conduct a risk assessment evaluation to determine whether the product contributes significantly to a significant public health epidemic, as defined, and whether the adverse public health risk would have a fiscal impact on the state of $50,000,000 or more. The bill would authorize the department to charge the manufacturer of the product for the reasonable costs of producing the risk assessment and would create the Public Health Fund, to be used by the department, upon appropriation by the Legislature, to fund the program. If the department determines that the criteria are met, the bill wouldend deletebegin insert department toend insert require the manufacturerbegin insert of a contributing product, as defined,end insert to create, for approval of the department, a public health impact report (PHIR) containing specified information, including a list of adverse public health impacts and a mitigation plan for those impacts. The bill would authorize the department to enforce the PHIR and would authorize the department to restrict or suspend sales of the product in the state if the PHIR is insufficient or if the manufacturer is not complying with the terms of the PHIR.begin insert The bill would authorize the department to charge the manufacturer of the product for the reasonable costs of reviewing, approving, and enforcing the PHIR requirements.end insert

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

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

P2    1

SECTION 1.  

The Legislature finds and declares all of the
2following:

3(a) Public health for the people of the state is now, and in the
4future, a matter of statewide concern.

5(b) The health and well-being of all people is a critical element
6in supporting a healthy and prosperous California, including
7economic sustainability, increasing workforce participation and
8productivity, and slowing the ongoing rise of medical care
9expenditures.

10(c) California and its residents face a growing burden of largely
11preventable chronic illness, including heart disease, stroke, obesity,
12and diabetes.

13(d) It is the intent of the Legislature to find ways to develop and
14maintain public health, prevent negative public health risks, provide
15the people of the state with protection from products sold in the
16state that pose significant negative health risks, and begin deletedevelopment end delete
17begin insertdevelop end insert mitigation strategies.

18(e) It is the intent of the Legislature to take immediate steps to
19identify products sold in the state for consumer consumption that
20pose a critical public health risk and coordinate any actions
21necessary to prevent or mitigate those risks.

22(f) It is the intent of the Legislature to regulate products sold in
23the state for consumer consumption that pose significant public
24health risks and mitigate their use in order to prevent chronic illness
25and improve public health.

26

SEC. 2.  

Article 6 (commencing with Section 108670) is added
27to Chapter 5 of Part 3 of Division 104 of the Health and Safety
28Code
, to read:

 

P3    1Article 6.  Public Health Impact Assessments
2

 

3

108670.  

This article shall be known, and may be cited, as the
4Public Health Epidemic Protection Act of 2013.

begin delete
5

108671.  

(a) The State Department of Public Health shall, for
6every product intended for consumer consumption that the
7department has credible evidence that the product significantly
8contributes to a significant public epidemic, conduct a risk
9assessment evaluation. The department, in doing the risk
10assessment evaluation, shall use currently available research, data,
11and studies to determine the following:

12(1) If the product contributes significantly to a significant public
13health epidemic, as recognized by the federal Centers for Disease
14Control and Prevention.

15(2) If there is evidence that the adverse public health risk would
16have a fiscal impact on the state of fifty million dollars
17 ($50,000,000) or more.

18(b) The department may charge the manufacturer of the product
19for the reasonable costs of producing the risk assessment pursuant
20to this section. Fees collected pursuant to this subdivision shall be
21placed in the Public Health Fund, which is hereby established in
22the State Treasury and which may be used by the department, upon
23appropriation by the Legislature, for the implementation of this
24article.

end delete
begin insert
25

begin insert108671.end insert  

For the purposes of this article, the following
26definitions shall apply:

27(a) “Contributing product” means a product intended for
28consumer consumption in this state for which the department has
29credible evidence that use of the product significantly contributes
30to a public health epidemic and that meets both of the following
31 criteria:

32(1) The public health epidemic to which the product contributes
33is one recognized by the federal Centers for Disease Control and
34Prevention.

35(2) The adverse impact on public health from use of the product
36in this state would have a fiscal impact of fifty million dollars
37($50,000,000) or more annually.

38(b) “Credible evidence” means research, data, and studies
39currently available to the department.

40(c) “Department” means the State Department of Public Health.

end insert
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108672.  

(a) Ifbegin delete a risk assessment determines that the product
2meets both of the requirements in subdivision (a) of Section
3108671,end delete
begin insert the department determines that a product is a contributing
4product thenend insert
the department shall require the product’s
5manufacturer to create a public health impact report (PHIR). The
6PHIR shall be submitted to the department for approval.

7(b) The PHIR shall include all of the following:

8(1) A list of adverse public health impacts that cannot be avoided
9if the product is sold in the state.

10(2) The benefits, costs, and alternatives to thebegin delete consumerend delete
11begin insert contributingend insert product.

12(3) Alternatives available, if any.

13(4) A mitigation plan sufficient to minimize the adverse public
14health impacts identified in paragraph (1).

15(c) The department may take actions necessary to enforce the
16PHIR, including, but not limited to, requiring that the manufacturer
17establish a trust or place moneys in escrow sufficient to cover the
18estimated costs of implementation.

19(d) If the department determines that the PHIR prepared by the
20manufacturer is insufficient or that the manufacturer is not
21complying with the terms of the PHIR, then the department may
22restrict or prohibit the sale of the product in this state.

23

108673.  

The department shall enact all regulations necessary
24to implement this article pursuant to the Administrative Procedure
25Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of
26Division 3 of Title 2 of the Government Code).

begin insert
27

begin insert108674.end insert  

The department may charge the manufacturer of the
28product for the reasonable costs of reviewing, approving, and
29enforcing the PHIR requirements. Fees collected pursuant to this
30subdivision shall be placed in the Public Health Fund, which is
31hereby established in the State Treasury and which may be used
32by the department, upon appropriation by the Legislature, for the
33implementation of this article.

end insert
begin insert
34

begin insert108675.end insert  

Notwithstanding subdivision (c) of Section 25257.1,
35the requirements of this article shall not be interpreted to affect
36any authority of the Department of Toxic Substances Control
37pursuant to Article 14 (commencing with Section 25251) of Chapter
386.5 of Division 20.

end insert


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