SB 1138,
as amended, Padilla. Fish and shellfish:begin delete labeling.end deletebegin insert labeling and menu labeling.end insert
Existing
end deletebegin insert(1)end insertbegin insert end insertbegin insertExistingend insert federal law, the Federal Food, Drug, and Cosmetic Act, regulates, among other things, the labeling of foods introduced or delivered for introduction into interstate commerce and generally prohibits the misbranding of food. Existing state law, the Sherman Food, Drug, and Cosmetic Law, generally regulates misbranded food, which includes food that is not properly labeled. A violation of these provisions is a crime.
This bill would require any label of fresh, frozen, or processed fish or shellfish, wild or farm raised, offered for sale at wholesale or retail to clearly identifybegin insert specified information, includingend insert the species of fish or shellfish by its common name, as specified. By creating a new crime, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
end deleteThis bill would provide that no reimbursement is required by this act for a specified reason.
end delete(2) Existing law, the California Retail Food Code, provides for the regulation of health and sanitation standards for retail food facilities, as defined, by the State Department of Public Health. Under existing law, local health agencies are primarily responsible for enforcing the California Retail Food Code. A violation of any of these provisions is punishable as a crime. Existing law requires fish that are received for sale or service to be commercially and legally caught or harvested.
end insertbegin insertThis bill would require a retail food facility that offers or sells fresh, frozen, or processed fish or shellfish, wild or farm raised, to clearly identify specified information on the menu, including the species of fish or shellfish by its common name, as specified. By expanding the definition of an existing crime and imposing additional duties on local health officers, this bill would impose a state-mandated local program.
end insertbegin insert(3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
end insertbegin insertThis bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.
end insertbegin insertWith regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
end insertVote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 110796 is added to the Health and Safety
2Code, to read:
(a) Any label of fresh, frozen, or processed fish or
4shellfish, wild or farm raised, offered for sale at wholesale or retail
5shall clearly identifybegin delete theend deletebegin insert all of the following information:end insert
6begin insert (1)end insertbegin insert end insertbegin insertTheend insert
species of fish or shellfish by its common name. If the
7common name for a species of fish or other seafood is not defined
8by the department pursuant to Section 110795, for purposes of this
9subdivision, the “common name” means the common namebegin delete or for any seafood species identified in the Seafood List
10market nameend delete
11issued by the federal Food and Drug Administration.
12(2) Whether the fish or shellfish was farm raised or wild caught.
end insertbegin insert
P3 1(3) Whether the fish or shellfish was caught domestically or
2imported.
3(b) For purposes of this section, “processed” meansbegin delete food fish
4or shellfish processed by heat for human consumption, such as
5food fish or shellfish that is kippered, smoked, boiled, canned,
6cleaned, portioned, or prepared for sale or
attempted sale for human
7consumption.end delete
8churning, separating, extracting, cutting, fermenting, eviscerating,
9preserving, dehydrating, freezing, or otherwise manufacturing,
10and includes packaging, canning, jarring, or otherwise enclosing
11food in a container.end insert
12(c) begin insert(1)end insertbegin insert end insert It is unlawful and constitutes misbranding for any person
13to knowingly sell or offer for sale any fish or shellfish that is
14labeled in
violation of this section.
15(2) For purposes of paragraph (1), knowledge shall be presumed
16if the person fails to provide sufficient product documentation that
17demonstrates the fish or shellfish was labeled in violation of this
18section when the person received the fish or shellfish. The
19presumption established by this section is a presumption affecting
20the burden of proof.
No reimbursement is required by this act pursuant to
22Section 6 of Article XIII B of the California Constitution because
23the only costs that may be incurred by a local agency or school
24district will be incurred because this act creates a new crime or
25infraction, eliminates a crime or infraction, or changes the penalty
26for a crime or infraction, within the meaning of Section 17556 of
27the Government Code, or changes the definition of a crime within
28the meaning of Section 6 of Article XIII B of the California
29Constitution.
begin insertSection 114092 is added to the end insertbegin insertHealth and Safety Codeend insertbegin insert,
31to read:end insert
(a) A retail food facility that offers or sells fresh,
33frozen, or processed fish or shellfish, wild or farm raised, shall
34clearly identify on the menu all of the following information:
35(1) The species of fish or shellfish by its common name. For
36purposes of this subdivision, the “common name” means the
37common name for any seafood species identified in the Seafood
38List issued by the federal Food and Drug Administration.
39(2) Whether the fish or shellfish was farm raised or wild caught.
P4 1(3) Whether the fish or shellfish was caught domestically or
2imported.
3(b) For purposes of this section, “processed” means cooking,
4baking, heating, drying, mixing, grinding, churning, separating,
5extracting, cutting, fermenting, eviscerating, preserving,
6dehydrating, freezing, or otherwise manufacturing, and includes
7packaging, canning, jarring, or otherwise enclosing food in a
8container.
No reimbursement is required by this act pursuant to
10Section 6 of Article XIII B of the California Constitution for certain
11costs that may be incurred by a local agency or school district
12because, in that regard, this act creates a new crime or infraction,
13eliminates a crime or infraction, or changes the penalty for a crime
14or infraction, within the meaning of Section 17556 of the
15Government Code, or changes the definition of a crime within the
16meaning of Section 6 of Article XIII B of the California
17Constitution.
18However, if the Commission on State Mandates determines that
19this act contains other costs mandated by the state, reimbursement
20to local agencies and school districts for those costs shall be made
21pursuant to Part 7 (commencing with Section 17500) of Division
224 of Title 2 of the Government Code.
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