BILL NUMBER: SB 633 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JULY 2, 2015
AMENDED IN SENATE MAY 19, 2015
AMENDED IN SENATE APRIL 14, 2015
INTRODUCED BY Senator Hill
( Principal coauthor: Assembly Member
Jones )
(Coauthor: Senator De León)
FEBRUARY 27, 2015
An act to amend Section 17533.7 of the Business and Professions
Code, relating to false advertising.
LEGISLATIVE COUNSEL'S DIGEST
SB 633, as amended, Hill. Consumer protection: "Made in U.S.A."
label.
Existing law prohibits the sale or offering of sale in the state
of any merchandise on which merchandise or on its container appears
the words, "Made in U.S.A.," "Made in America," "U.S.A.," or similar
words when the merchandise or any article, unit, or part thereof, has
been entirely or substantially made, manufactured, or produced
outside of the United States.
This bill would exempt from the prohibition merchandise made,
manufactured, or produced in the United States if either the
merchandise has an article, unit, or part that does
one or more articles, units, or parts from outside the
United States if they do not constitute more than
5% of the final product or the manufacturer makes a specified showing
regarding the articles, units, or parts from outside the United
States and the article, unit, or part does
they do not constitute more than 10% of the final product.
The bill would also exempt merchandise sold for resale to consumers
outside of the state.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 17533.7 of the Business and Professions Code is
amended to read:
17533.7. (a) It is unlawful for any person, firm,
corporation corporation, or association to sell
or offer for sale in this state any merchandise on which merchandise
or on its container there appears the words "Made in U.S.A.," "Made
in America," "U.S.A.," or similar words if the merchandise or any
article, unit, or part thereof, has been entirely or substantially
made, manufactured, or produced outside of the United States.
(b) This section shall not apply to merchandise made,
manufactured, or produced in the United States that has an
article, unit, or part one or more articles, units, or
parts from outside of the United States, if the
article, unit, or part all of the articles, units, or
parts of the merchandise obtained from outside the United
States constitutes constitute not more
than 5 percent of the final manufactured product.
(c) (1) This section shall not apply to merchandise made,
manufactured, or produced in the United States that has an
article, unit, or part one or more articles, units, or
parts from outside of the United States, if both of the
following apply:
(A) The manufacturer of the merchandise shows that it can neither
produce the article, unit, or part within the United States nor
obtain the article, unit, or part of the merchandise from a domestic
source.
(B) The article, unit, or part All of the
articles, units, or parts of the merchandise obtained from
outside the United States constitutes
constitute not more than 10 percent of the final manufactured
product.
(2) The determination that the article, unit, or part of the
merchandise cannot be made, manufactured, produced, or obtained
within the United States from a domestic source shall not be based on
the cost of the article, unit, or part.
(d) This section shall not apply to merchandise sold for resale to
consumers outside of California.
(e) For purposes of this section, goods sold or offered for sale
outside of California shall not be deemed mislabeled if the label
conforms to the law of the forum state or country within which they
are sold or offered for sale.