SB 1138,
as amended, Padilla. Fish and shellfish: labeling andbegin delete menu labeling.end deletebegin insert identification.end insert
(1) Existing 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 identify specified information, including the species of fish or shellfish by its common name, as specified.begin insert The bill would provide that knowingly selling or offering for sale any fish or shellfish that is labeled in violation of this requirement constitutes misbranding.end insert By creating a new crime, this bill would impose a state-mandated local program.
(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.
This bill would require a retail food facility thatbegin delete offers or sellsend deletebegin insert
sells or offers for sale anyend insert fresh, frozen, or processed fish or shellfish, wild or farm raised, tobegin delete clearlyend delete
identifybegin delete specified information on the menu, includingend deletebegin insert
at the point of saleend insert the species of fish or shellfish by its common name, as specified.begin insert This bill would prohibit a retail food facility from knowingly misidentifying the country of origin of the fish or shellfish or whether the fish or shellfish was farm raised or wild caught.end insert 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.
(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.
This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.
With 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.
Vote: 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 identify all of the following information:
6 (1) The 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 name for
10any seafood species identified in the Seafood List issued by the
11federal Food and Drug Administration.
12(2) Whether the fish or shellfish was farm raised or wild caught.
P3 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.
9(c) (1) Itbegin delete is unlawful and constitutesend deletebegin insert shall constituteend insert misbranding
10for any person to knowingly sell or offer for sale any fish or
11shellfish
that is labeled in violation of this section.
12(2) For purposes of paragraph (1), knowledge shall be presumed
13if the person fails to provide sufficient product documentation that
14demonstrates the fish or shellfish was labeled in violation of this
15section when the person received the fish or shellfish. The
16presumption established by this section is a presumption affecting
17the burden of proof.
Section 114092 is added to the Health and Safety Code,
19to read:
(a) A retail food facility that offers or sells fresh,
21frozen, or processed fish or shellfish, wild or farm raised, shall
22clearly identify on the menu all of the following information:
23(1) The species of fish or shellfish by its common name. For
24purposes of this subdivision, the “common name” means the
25common name for any seafood species identified in the Seafood
26List issued by the federal Food and Drug Administration.
27(2) Whether the fish or shellfish was farm raised or wild caught.
28(3) Whether the fish or shellfish was caught domestically or
29imported.
(a) (1) A retail food facility that sells or offers for
31sale any fresh, frozen, or processed fish or shellfish, wild or farm
32raised, shall identify the species of fish or shellfish by its common
33name for the consumer at the point of sale, so the consumer can
34make an informed purchase decision. It is unlawful for a retail
35food facility to knowingly misidentify the species of fish or shellfish
36by its common name in violation of this subdivision.
37(2) If the common name for a species of fish or other seafood
38is not defined by the department pursuant to Section 110795, for
39purposes of this subdivision, the “common name” means the
P4 1common name for any seafood species identified in the Seafood
2List issued by the federal Food and Drug Administration.
3(b) (1) A retail food facility that sells or offers for sale any
4fresh, frozen, or processed fish or shellfish, wild or farm raised,
5shall not knowingly misidentify either of the following:
6(A) The country of origin of the fish or shellfish.
end insertbegin insert7(B) Whether the fish or shellfish was farm raised or wild caught.
end insertbegin insert
8(2) This subdivision does not require a retail food facility that
9sells or offers for sale any fresh, frozen, or processed fish or
10shellfish to identify either the country of origin or whether the fish
11or shellfish was farm raised or wild caught.
12(c) For purposes of this section, knowledge shall be presumed
13if the retail food facility fails to provide sufficient product
14documentation that demonstrates the fish or shellfish was identified
15in violation of subdivision (a) or (b) when the retail food facility
16received the fish or shellfish. The presumption established by this
17section is a presumption affecting the burden of proof.
18(b)
end delete
19begin insert(d)end insert For purposes of this section, “processed” means cooking,
20baking, heating, drying, mixing, grinding, churning, separating,
21extracting, cutting, fermenting, eviscerating, preserving,
22dehydrating, freezing, or otherwise manufacturing, and includes
23packaging, canning, jarring, or otherwise enclosing food in a
24container.
No reimbursement is required by this act pursuant to
26Section 6 of Article XIII B of the California Constitution for certain
27costs that may be incurred by a local agency or school district
28because, in that regard, this act creates a new crime or infraction,
29eliminates a crime or infraction, or changes the penalty for a crime
30or infraction, within the meaning of Section 17556 of the
31Government Code, or changes the definition of a crime within the
32meaning of Section 6 of Article XIII B of the California
33Constitution.
34However, if the Commission on State Mandates determines that
35this act contains other costs
mandated by the state, reimbursement
36to local agencies and school districts for those costs shall be made
37pursuant to Part 7 (commencing with Section 17500) of Division
384 of Title 2 of the Government Code.
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