SB 1138, as amended, Padilla. Fish and shellfish: labeling and identification.
(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 wouldbegin delete require any label ofend deletebegin insert provide that it is unlawful to sell or offer for sale anyend insert fresh, frozen, or processed fish orbegin delete shellfish,end deletebegin insert
shellfish intended for human consumption,end insert wildbegin insert caughtend insert or farm raised,begin delete offered for sale at wholesale or retail toend deletebegin insert
withoutend insert clearlybegin delete identifyend deletebegin insert identifyingend insert specified information, including the species of fish or shellfish by its common name, as specified.begin delete 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. By creating a new crime,end deletebegin insert This bill would prohibit any person who sells or offers for sale any fish or shellfish and acts in reasonable reliance on the fish or shellfish package labeling or product invoice to satisfy the above-described requirements from being found in violation of those requirements. Because any violation of these provisions would be a crime,end insert 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 facilitybegin insert, other than a restaurant,end insert that sells or offers for sale any fresh, frozen, or processed fish orbegin delete shellfish,end deletebegin insert shellfish intended for human consumption,end insert wildbegin insert caughtend insert or farm raised, to identifybegin delete at the point of saleend deletebegin insert
in writingend insert
the species of fish or shellfish by its common name, asbegin delete specified.end deletebegin insert specified, and would prohibit a retail food facility from knowingly misidentifying the species of fish or shellfish by its common name. The bill would require a restaurant that sells or offers for sale any fresh, frozen, or processed fish or shellfish intended for human consumption, wild caught or farm raised, to identify the species of fish or shellfish in writing, or orally if not identified in writing, as specified, and would prohibit a restaurant from knowingly misidentifying the species of fish or shellfish by its common name.end 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.begin delete By expanding the definition of an existing crimeend deletebegin insert
The bill would prohibit a retail food facility or restaurant that sells or offers for sale any fish or shellfish and acts in reasonable reliance on the fish or shellfish package labeling or product invoice to satisfy the above-described requirements from being found in violation of those requirements. Because any violation of these provisions would be a crime,end insert andbegin insert byend insert 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:
(a) It is unlawful to sell or offer for sale any fresh,
7frozen, or processed fish or shellfish intended for human
8consumption, wild caught or farm raised, without clearly
9identifying all of the following information on the label:
10 (1) The species of fish or shellfish by its common name. If the
11common name for a species of fish or other seafood is not defined
12by the department pursuant to Section 110795, for purposes of this
13subdivision, the “common name” means the common name for
14any seafood
species identified in the Seafood List issued by the
15federal Food and Drug Administration.
16(2) Whether the fish or shellfish wasbegin delete farm raised or wild caught.end delete
17begin insert wild caught or farm raised.end insert
18(3) Whether the fish or shellfish was caughtbegin insert or raisedend insert
19 domestically or imported.
20(b) For purposes of this section, “processed” means cooking,
21baking, heating, drying, mixing, grinding, churning, separating,
22extracting, cutting, fermenting, eviscerating, preserving,
23dehydrating,
freezing, or otherwise manufacturing, and includes
24packaging, canning, jarring, or otherwise enclosing food in a
25container.
26(c) (1) It shall constitute misbranding for any person to
27knowingly sell or offer for sale any fish or shellfish
that is labeled
28in violation of this section.
29(2) For purposes of paragraph (1), knowledge shall be presumed
30if the person fails to provide sufficient product documentation that
31demonstrates the fish or shellfish was labeled in violation of this
P4 1section when the person received the fish or shellfish. The
2presumption established by this section is a presumption affecting
3the burden of proof.
4(c) Notwithstanding subdivision (a), any person who sells or
5offers for sale any fish or shellfish and acts in reasonable reliance
6on the fish or shellfish package labeling or product invoice to
7satisfy the requirements described in subdivision (a)
shall not be
8found in violation of this section.
Section 114092 is added to the Health and Safety Code,
10to read:
(a) (1) A retail foodbegin delete facility that sells or offers for
12sale any fresh, frozen, or processed fish or shellfish, wild or farm
13raised, shall identify the species of fish or shellfish by its common
14name for the consumer at the point of sale, so the consumer can
15make an informed purchase decision. It is unlawful for a retail
16food facility to knowingly misidentify the species of fish or
17shellfish by its common name in violation of this subdivision.end delete
18begin insert facility, other than a restaurant, that sells or offers for sale any
19fresh, frozen, or processed fish
or shellfish intended for human
20consumption, wild caught or farm raised, shall identify the species
21of fish or shellfish by its common name for the consumer in writing
22on the shelf tag, display tag, or any other labeling. It is unlawful
23for a retail food facility to knowingly misidentify the species of
24fish or shellfish in violation of this paragraph.end insert
25(2) A restaurant that sells or offers for sale any fresh, frozen,
26or processed fish or shellfish intended for human consumption,
27wild caught or farm raised, shall identify the species of fish or
28shellfish by its common name for the consumer in writing, or orally
29if not identified in writing, at the time the consumer orders the fish
30or shellfish. It is unlawful for a restaurant to knowingly misidentify
31the species of fish or shellfish in violation of this paragraph.
32(2)
end delete
33begin insert(3)end insert If the common name for a species of fish or other seafood
34is not defined by the department pursuant to Section 110795, for
35purposes of this subdivision, the “common name” means the
36common name for any seafood species identified in the Seafood
37List issued by the federal Food and Drug Administration.
38(b) (1) A retail food facility that sells or offers for sale any
39fresh, frozen, or processed fish orbegin delete shellfish,end deletebegin insert shellfish intended for
P5 1human consumption,end insert wildbegin insert
caughtend insert or farm raised, shall not
2knowingly misidentify either of the following:
3(A) The country of origin of the fish or shellfish.
4(B) Whether the fish or shellfish wasbegin delete farm raised or wild caught.end delete
5begin insert wild caught or farm raised.end insert
6(2) This subdivision does not require a retail food facility that
7sells or offers for sale any fresh, frozen, or processed fish or
8shellfish to identify either the country of origin or whether the fish
9or shellfish wasbegin delete farm raised or wild caught.end deletebegin insert
wild caught or farm
10raised.end insert
11(c) For purposes of this section, knowledge shall be presumed
12if the retail food facility fails to provide sufficient product
13documentation that demonstrates the fish or shellfish was identified
14in violation of subdivision (a) or (b) when the retail food facility
15received the fish or shellfish. The presumption established by this
16section is a presumption affecting the burden of proof.
17 (c) Notwithstanding subdivision (a) or subdivision (b), a retail
18food facility or restaurant that sells or offers for
sale any fish or
19shellfish and acts in reasonable reliance on the fish or shellfish
20package labeling or product invoice to satisfy the requirements
21described in subdivision (a) or (b) shall not be found in violation
22of this section.
23(d) For purposes of this section, “processed” means cooking,
24baking, heating, drying, mixing, grinding, churning, separating,
25extracting, cutting, fermenting, eviscerating, preserving,
26dehydrating, freezing, or otherwise manufacturing, and includes
27packaging, canning, jarring, or otherwise enclosing food in a
28container.
No reimbursement is required by this act pursuant to
30Section 6 of Article XIII B of the California Constitution for certain
31costs that may be incurred by a local agency or school district
32because, in that regard, this act creates a new crime or infraction,
33eliminates a crime or infraction, or changes the penalty for a crime
34or infraction, within the meaning of Section 17556 of the
35Government Code, or changes the definition of a crime within the
36meaning of Section 6 of Article XIII B of the California
37Constitution.
38However, if the Commission on State Mandates determines that
39this act contains other costs
mandated by the state, reimbursement
40to local agencies and school districts for those costs shall be made
P6 1pursuant to Part 7 (commencing with Section 17500) of Division
24 of Title 2 of the Government Code.
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