AB 14, as introduced, Gatto. Food labeling: wastewater from oil and gas field activities.
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, with a specified exemption, would require a manufacturer who produces packaged food that contains a plant irrigated with wastewater from oil and gas field activities that contains well stimulation treatment additives and fluids or a retail facility that sells a raw agricultural commodity that was irrigated with wastewater from oil and gas field activities that contains well stimulation treatment additives and fluids to label those products in a specified manner. The bill would also require a farmer, producer, or supplier who knows that the product he or she is selling to a manufacturer or retailer was made with, or consists of, plants irrigated with wastewater to disclose that fact to the manufacturer or retailer. 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.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Article 5 (commencing with Section 110424.5)
2is added to Chapter 4 of Part 5 of Division 104 of the Health and
3Safety Code, to read:
4
(a) A manufacturer who produces packaged food
8that contains a plant irrigated with wastewater shall place a label
9on the package that states the following:
11“This product was produced using plants irrigated with recycled
12or treated hydraulic fracturing or oilfield wastewater.”
14(b) A retail facility that sells a raw agricultural commodity that
15was irrigated with wastewater shall place a clear and conspicuous
16label on the retail store shelf or bin in which that commodity is
17displayed for sale that states the following:
19“Grown using
recycled or treated hydraulic fracturing or oilfield
20wastewater.”
22(c) For purposes of this article, “wastewater” means wastewater
23from oil and gas field activities that contains well stimulation
24treatment additives and fluids.
A farmer, producer, or supplier who knows that the
26product he or she is selling to a manufacturer or retailer was made
27with, or consists of, plants irrigated with wastewater shall disclose
28that fact to the manufacturer or retailer.
A manufacturer or retailer who, in good faith, sells,
2offers for sale, labels, or advertises a product in reliance on the
3representations of the farmer, producer, or supplier that the product
4was not produced with plants irrigated with wastewater, shall not
5have violated Section 110424.5 unless the manufacturer or retailer
6knew, or should have known, that those representations were false.
No reimbursement is required by this act pursuant to
8Section 6 of Article XIII B of the California Constitution because
9the only costs that may be incurred by a local agency or school
10district will be incurred because this act creates a new crime or
11infraction, eliminates a crime or infraction, or changes the penalty
12for a crime or infraction, within the meaning of Section 17556 of
13the Government Code, or changes the definition of a crime within
14the meaning of Section 6 of Article XIII B of the California
15Constitution.
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