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
begin delete Protectionend delete Act of 2013, would require the department to require the manufacturer of a contributing product, as defined, 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 begin delete or suspendend delete 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. 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.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
The Legislature finds and declares all of the
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
10(c) California and its residents face a growing burden of largely
11preventable chronic illness, including heart disease, stroke, obesity,
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 develop
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.
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:
This article shall be known, and may be cited, as the
33Public Health Epidemic
begin delete Protectionend delete Act of 2013.
For the purposes of this article, the following
35definitions shall apply:
P3 1(a) “Contributing product” means a product
2intended for consumer consumption in this state for which the
3department has credible evidence that use of the product
4significantly contributes to a public health epidemic and that meets
5both of the following criteria:
6(1) The public health epidemic to which the product contributes
7is one recognized by the federal Centers for Disease Control and
11(2) The adverse impact on public health from use of the product
12in this state would have a fiscal impact of fifty million dollars
13($50,000,000) or more annually.
16(b) “Credible evidence” means
17and studies currently available to the department.
18(c) “Department” means the State Department of Public Health.
(a) If the department determines that a product is a
25contributing product then the department shall require the
begin delete manufacturerend delete to create a public health impact
29report (PHIR). The PHIR shall be submitted to the department for
33(b) The PHIR shall include all of the following:
34(1) A list of adverse public health impacts that cannot be avoided
35if the product is sold in the state.
36(2) The benefits, costs, and alternatives to the contributing
38(3) Alternatives available, if any.
P4 1(4) A mitigation plan sufficient to
begin delete minimizeend delete
2 the adverse public health impacts identified in paragraph (1).
15 10(c) Theend delete
11 department may take actions necessary to
14enforce the PHIR, including, but not limited to, requiring that the
15manufacturer establish a trust or place moneys in escrow sufficient
16to cover the estimated costs of implementation.
19 17(d)end delete
18 If the department determines that the PHIR prepared by the
19manufacturer is insufficient or that the manufacturer is not
20complying with the terms of the PHIR, then the department may
begin delete or prohibitend delete the sale of the product in this state.
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).
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.
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
38Chapter 6.5 of Division 20.