BILL NUMBER: AB 1238 CHAPTERED 07/28/99 CHAPTER 197 FILED WITH SECRETARY OF STATE JULY 28, 1999 APPROVED BY GOVERNOR JULY 27, 1999 PASSED THE SENATE JULY 15, 1999 PASSED THE ASSEMBLY MAY 20, 1999 AMENDED IN ASSEMBLY MAY 6, 1999 AMENDED IN ASSEMBLY APRIL 15, 1999 INTRODUCED BY Committee on Agriculture (Cardoza (Chair), Maldonado (Vice Chair), Brewer, Florez, Reyes, Thomson, and Wiggins) FEBRUARY 26, 1999 An act to amend Sections 27571 and 27644 of, and to add Sections 27522 and 27523 to, the Food and Agricultural Code, and to amend Section 113997 of the Health and Safety Code, relating to agriculture. LEGISLATIVE COUNSEL'S DIGEST AB 1238, Committee on Agriculture. Eggs. (1) Existing law requires the Secretary of Food and Agriculture to appoint a Shell Egg Advisory Committee consisting of 7 members, 6 of whom are selected by the secretary from egg handlers. This bill would require the secretary to appoint 2 alternates who may serve in the absence of any of the egg handler representatives on the committee. (2) Existing law makes it unlawful for an egg handler to sell, offer for sale, or expose for sale eggs that are packed or graded for human consumption unless certain requirements are met. Existing law makes it unlawful for an egg handler, as defined, to sell, offer for sale, or expose for sale eggs that are packed for human consumption unless each container intended for sale to the ultimate consumer is labeled with, among other information, a "sell-by date" and the identification number of the plant of origin, except as prescribed. This bill would provide that these provisions do not apply to eggs that are packaged for export and that the "sell-by date" requirement does not apply to eggs that are packaged for interstate commerce. The bill would require the Department of Food and Agriculture, in consultation with the Shell Egg Advisory Committee, to establish a plant identification numbering system and to assign identification numbers to all egg handling facilities. The bill would authorize an egg handling facility that is inspected by the United States Department of Agriculture, and to which a federal plant identification number has been assigned, to use that federal identification number, the identification number assigned by the Department of Food and Agriculture, or both, for the purposes of complying with that container labeling requirement. (3) Existing law, commencing on January 1, 1998, and until January 1, 2000, requires, with certain exceptions, raw shell eggs to be stored and displayed at or below a specified ambient temperature. Existing law makes a violation of this requirement a misdemeanor. This bill would delete the January 1, 2000, date, thereby continuing the provision indefinitely, and thereby imposing a state-mandated local program by continuing the above-described crime. (4) 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. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 27522 is added to the Food and Agricultural Code, to read: 27522. "Eggs that are packaged for export" means those eggs destined for conveyance to any location outside the United States or its territories. SEC. 2. Section 27523 is added to the Food and Agricultural Code, to read: 27523. "Eggs that are packaged for interstate commerce" means those eggs destined for sale outside the state. SEC. 3. Section 27571 of the Food and Agricultural Code is amended to read: 27571. (a) The secretary shall appoint a Shell Egg Advisory Committee consisting of seven members, six of whom shall be selected by the secretary from egg handlers and be representative of the egg industry. The secretary shall appoint two alternates who may serve in the absence of any of the six egg handler representatives. The California Agricultural Commissioners Association shall annually designate one of its members who shall serve in a nonvoting capacity as the seventh member of the committee. The secretary may appoint one additional member on the committee, who shall be a public member. The members of the committee shall receive no salary. (b) Upon the secretary's request, the committee shall submit to the secretary the names of three or more natural persons, each of whom shall be a citizen and resident of this state and not a producer, shipper, or processor nor financially interested in any producer, shipper, or processor, for appointment by the secretary as a public member of the committee. The secretary may appoint one of the nominees as the public member on the committee. If all nominees are unsatisfactory to the secretary, the committee shall continue to submit lists of nominees until the secretary has made a selection. Any vacancy in the office of the public member of the committee shall be filled by appointment by the secretary from the nominee or nominees similarly qualified submitted by the committee. The public member of the committee shall represent the interests of the general public in all matters coming before the committee and shall have the same voting and other rights and immunities as other members of the committee. SEC. 4. Section 27644 of the Food and Agricultural Code is amended to read: 27644. (a) It is unlawful for an egg handler, as defined in Section 27510, to sell, offer for sale, or expose for sale eggs that are packed or graded for human consumption unless at least one of the following conditions is met: (1) The consumer container is plainly, legibly, and conspicuously labeled "KEEP REFRIGERATED" or with words of similar meaning. (2) A conspicuous sign is posted at the point of sale for eggs on bulk display advising consumers that the eggs are to be refrigerated as soon as practical after purchase. (b) Except as provided in subdivision (c), it is unlawful for an egg handler to sell, offer for sale, or expose for sale eggs that are packed for human consumption unless each container intended for sale to the ultimate consumer is labeled on one outside top, side, or end with all of the following: (1) (A) The words "Sell-by" immediately followed by the month and day in bold type, for example "June 30" or "6-30." Common abbreviations of months shall be permitted. (B) The sell-by date shall not exceed 30 days from the date on which the eggs were packed, excluding the date of packing. (C) If the eggs are repacked but not regraded, the original sell-by date shall apply. (2) A Julian pack date. As used in this paragraph, the Julian pack date is the consecutive day of the year on which the eggs were packed. (3) The identification number of the plant of origin. (c) This section does not apply to eggs that are packaged for export. Paragraph (1) of subdivision (b) does not apply to eggs that are packaged for interstate commerce or eggs that are packaged for military sales. (d) All eggs returned from grocery stores, store warehouses, and institutions shall not be reprocessed for retail shell egg sales. (e) (1) For the purposes of paragraph (3) of subdivision (b), the department, in consultation with the Shell Egg Advisory Committee, shall establish a plant identification numbering system and assign identification numbers to all egg handling facilities. (2) For the purposes of complying with paragraph (3) of subdivision (b), an egg handling facility that is inspected by the United States Department of Agriculture, and to which a federal plant identification number has been assigned, may use the federal identification number, the identification number assigned by the department, or both. SEC. 5. Section 113997 of the Health and Safety Code is amended to read: 113997. (a) Commencing January 1, 1998, raw shell eggs shall be stored and displayed at an ambient temperature of 7 degrees Celsius (45 degrees Fahrenheit) or below. (b) Notwithstanding subdivision (a), raw shell eggs may be stored and displayed unrefrigerated if all of the following conditions are met: (1) Not more than four days have elapsed from the date of pack. (2) The eggs were not previously refrigerated. (3) The eggs are not stored or displayed at an ambient temperature above 32 degrees Celsius (90 degrees Fahrenheit). (4) Retail egg containers are prominently labeled "REFRIGERATE AFTER PURCHASE" or a conspicuous sign is posted advising consumers that these eggs are to be refrigerated as soon as practical after purchase. (5) Retail egg containers are conspicuously identified with the date of the pack. (6) Any eggs that are unsold after four days from the date of the pack shall be stored and displayed pursuant to subdivision (a), diverted to pasteurization, or destroyed in a manner approved by the enforcement agency. SEC. 6. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.