Amended in Senate January 16, 2014

Amended in Senate January 6, 2014

Amended in Senate April 23, 2013

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.


SB 747, as amended, DeSaulnier. Public health impact assessments.

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 Prevention Act of 2014, would authorize the department tobegin delete submit a written request toend deletebegin insert request in writing thatend insert the manufacturer or a group of manufacturers of a contributing product, as defined,begin delete toend delete submit a written response to the department’s determination that the product is a contributing product. The bill would require the written response to contain specified information, includingbegin delete a risk assessmentend deletebegin insert an analysisend insert of adverse public health impacts and a mitigation plan for those impacts. The bill would authorize the department to charge the manufacturer of the contributing product an amount not exceeding $20,000 for the reasonable costs of reviewing thebegin delete risk assessmentend deletebegin insert analysisend insert and mitigation document.

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


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,
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 develop
17mitigation 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.


SEC. 2.  

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


30Article 6.  Public Health Impact Assessments




This article shall be known, and may be cited, as the
33Public Health Epidemic Prevention Act of 2014.



For the purposes of this article, the following
35definitions shall apply:

P3    1(a) “Contributing product” means a manufactured 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
8Prevention, the United States Department of Health and Human
9Services, the Surgeon General, or the United States Food and Drug

11(2) The adverse impact on public health from use of the product
12in this statebegin delete would haveend deletebegin insert hasend insert a fiscal impact of fifty million dollars
13($50,000,000) or more annually on the state public health system,
14including, but not limited to, public hospitals and overall Medi-Cal

16(b) “Credible evidence” means peer-reviewed research, data,
17and studies currently available to the department.

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

19(d) “Manufacturer” means the manufacturer whose name appears
20on the label of a product that is identified by the department as a
21contributing product.



If the department determines that a product is a
23contributing product, then the department may submit a written
24request to the contributing product’s largest manufacturers,
25representing 80 percent of the costs identified in paragraph (2) of
26subdivision (a) of Section 108671 and that do business in the state,
27to submit a written response to the department’s determination
28that the product is a contributing product. The written response
29shall include, but not be limited to, all of the following:

begin delete

4 30(1)

end delete

31begin insert(a)end insert A writtenbegin delete risk assessmentend delete analysis that identifies the public
32health impacts resulting from the sale of the product in this state.

33(b) A list of mitigation strategies sufficient to reasonably reduce
34adverse public health impacts identified in thebegin delete risk assessmentend delete
35begin insert analysisend insert.



The department may enact all regulations necessary
37to implement this article pursuant to the Administrative Procedure
38Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of
39Division 3 of Title 2 of the Government Code).

P4    1


The department may charge the manufacturer of the
2contributing product an amount not exceeding twenty thousand
3dollars ($20,000) for the reasonable costs of reviewing thebegin delete risk
4assessmentend delete
begin insert analysisend insert and mitigation document submitted pursuant
5to Section 108672. Fees collected pursuant to this subdivision shall
6be placed in the Public Health Fund, which is hereby established
7in the State Treasury and which may be used by the department,
8upon appropriation by the Legislature, for the implementation of
9this article.



begin insert(a)end insertbegin insertend insert Notwithstanding subdivision (c) of Section
1125257.1, the requirements of this article shall not be interpreted
12to affect any authority of the Department of Toxic Substances
13Control pursuant to Article 14 (commencing with Section 25251)
14of Chapter 6.5 of Division 20.

begin insert

15(b) This article does not limit, and shall not be construed to
16limit, the department’s or any other department’s or agency’s
17existing authority over consumer product regulation.

end insert
begin insert

18(c) This article does not authorize the department to supersede
19the regulatory authority of any other department or agency.

end insert
begin insert

20(d) The department shall not duplicate or adopt conflicting
21regulations for product categories already regulated or subject to
22pending regulation consistent with the purposes of this article.

end insert