BILL ANALYSIS Ó
SB 1138
Page 1
Date of Hearing: June 18, 2014
ASSEMBLY COMMITTEE ON AGRICULTURE
Susan Talamantes Eggman, Chair
SB 1138 (Padilla) - As Amended: June 11, 2014
SENATE VOTE : 36-0
SUBJECT : Fish and shellfish: labeling.
SUMMARY : Requires the label of fish or shellfish that is
offered for sale at wholesale or retail to clearly identify the
species of fish or shellfish by its common name. Specifically,
this bill :
1)Requires any label of fresh, frozen, or processed fish or
shellfish, wild or farm-raised, offered for sale at wholesale
or retail to clearly identify the following:
a) Species of fish or shellfish by its common name, as
specified;
b) Whether the fish or shellfish was farm raised or wild
caught; and,
c) Whether the fish or shellfish was caught domestically or
imported.
2)Defines the common name, for purposes of this bill, if the
common name is not defined by the California Department of
Public Health (CDPH) by regulation, as the common name for any
seafood species identified in the Seafood List issued by the
federal Food and Drug Administration (FDA).
3)Defines processed, for purposes of this bill, as cooking,
baking, heating, drying, mixing, grinding, churning,
separating, extracting, cutting, fermenting, eviscerating,
preserving, dehydrating, freezing, or otherwise manufacturing,
and includes packaging, canning, jarring, or otherwise
enclosing food in a container.
4)States it is unlawful and that it constitutes misbranding for
any person to knowingly sell or offer for sale any fish or
shellfish that is labeled in violation, as specified.
SB 1138
Page 2
5)States that knowledge of mislabeling shall be presumed if the
person fails to provide sufficient product documentation that
demonstrates the fish or shellfish was labeled in violation of
this section when the person received the fish or shellfish.
The presumption established by this section is a presumption
affecting the burden of proof.
6)Requires any retail food facility that offers or sells fresh,
frozen, or processed fish or shellfish, wild or farm-raised,
shall clearly identify on the menu all of the following:
a) Species of fish or shellfish by its common name, as
specified;
b) Whether the fish or shellfish was farm raised or wild
caught; and,
c) Whether the fish or shellfish was caught domestically or
imported.
7)Defines processed as above in #3.
EXISTING LAW:
1) Establishes the Sherman Food, Drug, and Cosmetic Law (Sherman
Act), administered by CDPH, to regulate the contents,
packaging, labeling, and advertising of food, drugs, and
cosmetics.
2)States any food misbranded if it's labeling is false or
misleading in any particular. States any food misbranded if
it is offered for sale under the name of another food.
3)States any food for which no standard of identity exists as
misbranded unless it bears a label clearly stating the common
or usual name of the food.
4)Requires any label of any retail cut of beef, veal, lamb, or
pork held for sale , as specified, to clearly identify the
species and the primal cut from which it is derived, and the
retail name. Exempts ground beef, boneless stewing meat,
cubed steaks, sausage and soup-bones from this requirement.
5)Permits CDPH to adopt regulations that name and describe the
characteristics of salmon and any other fish or other seafood
SB 1138
Page 3
it considers appropriate. Requires CDPH to consult with the
Department of Fish and Game (CDFG) and other stakeholders, as
specified, and prohibits CDPH from adopting any regulation
that conflicts with the common name of any fish designated by
CDFG, as specified.
6)Establishes misdemeanor penalties for violations of the
Sherman Act, including the misbranding of food. Penalties may
include up to a year in the county jail and fines of up to
$1,000, or up to $10,000 for repeated violations, as
specified.
7)Permits CDPH, in addition to the misdemeanor penalties, to
assess civil penalties for violations of the Sherman Act of up
to $1,000 per day.
8)Requires the attorney general, any district attorney, or any
city attorney to whom CDPH reports any violation of the
Sherman Act, to begin appropriate proceedings in the proper
court. Allows CDPH to issue written notice or warning for
minor violations, as specified.
FISCAL EFFECT : Unknown. This bill is keyed fiscal by the
Legislative Counsel.
COMMENTS : In 2013, Oceana released a two year study on fish
sold for retail in San Francisco, Monterey, and Los Angeles. The
study found that 90% of sushi samples were mislabeled in Los
Angeles County, 38% of all fish were mislabeled in Northern
California, and with 52% of sea food tested being mislabeled,
Southern California leads the nation in mislabeled fish.
Mislabeling defrauds consumers, restaurants and fishermen when a
more expensive fish is ordered and then is substituted with a
less expensive, less desirable fish. Restaurants are victims of
fraud when fish distributors sell falsely labels fish. Fraud is
unfair to fishermen who fish responsibly and lose profits when
fish caught unsustainably are sold in their place.
Furthermore, according to the author, mislabeling fish can lead
to the consumption of seafood that is unhealthy and dangerous.
Specific fish can have unhealthy levels of mercury.
Additionally, shellfish can be illegally harvested from areas
that have been deemed too polluted for commercial fishing.
Eating mislabeled fish can lead to potential health risks
SB 1138
Page 4
especially to vulnerable populations, such as children and
pregnant women.
Under current federal and state law, it is already illegal to
mislabel fish or shellfish. However, recent studies show
seafood mislabeling is not strongly enforced. This bill
proposes to address this issue by enacting an explicit
requirement that seafood products be accurately labeled with the
common name of the fish, rather than rely on the more general
existing law requirement that labels not be false or misleading.
This bill does add protection for entities that unknowingly
sells mislabeled fish, if the entities have documentation to
show the product was mislabeled when purchased.
REGISTERED SUPPORT / OPPOSITION :
Support
CALPIRG
Center for Oceanic Awareness, Research & Education
Del Mar Seafood's Inc
Light & Motion Industries
Marine Life Studies
Monterey Bay Aquarium
Monterey Coastkeepers
Natural Resources Defense Council
Ocean Conservancy
Ocean Outfall Group
Oceana
Passion Fish Restaurant
Save the Whales
Sierra Club
Taylor's Market
The Otter Project
Turtle Island Network
Opposition
None on file
Analysis Prepared by : Victor Francovich / AGRI. / (916)
319-2084
SB 1138
Page 5