BILL NUMBER: SB 2182	CHAPTERED  09/29/00

	CHAPTER   870
	FILED WITH SECRETARY OF STATE   SEPTEMBER 29, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 28, 2000
	PASSED THE SENATE   AUGUST 30, 2000
	PASSED THE ASSEMBLY   AUGUST 28, 2000
	AMENDED IN ASSEMBLY   AUGUST 25, 2000

INTRODUCED BY   Committee on Health and Human Services (Senators
Escutia (Chair), Figueroa, Haynes, Hughes, Morrow, Mountjoy, Polanco,
Solis, and Vasconcellos)

                        MARCH 2, 2000

   An act to amend Section 109935 of, and to add Sections 109951 and
109971 to, the Health and Safety Code, relating to environmental
health.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 2182, Committee on Health and Human Services.  Environmental
health:  food.
   Existing law, the Sherman Food, Drug, and Cosmetic Law, contains
various provisions regarding the packaging, labeling, and advertising
of food, drugs, and cosmetics.  Violation of any of these provisions
is a crime.
   Existing law defines "food" for purposes of these provisions.
   This bill would expand the definition of food to include any
article defined as food pursuant to the Federal Food, Drug, and
Cosmetic Act.  It would also define "infant formula" and "medical
food" for purposes of the above state law provisions.  By expanding
the definition of a 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.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 109935 of the Health and Safety Code is amended
to read:
   109935.  "Food" means any of the following:
   (a) Any article used or intended for use for food, drink,
confection, condiment, or chewing gum by man or other animal.
   (b) Any article used or intended for use as a component of any
article designated in subdivision (a).
   (c) Any article defined as food pursuant to the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. Sec. 301 et seq.).
  SEC. 2.  Section 109951 is added to the Health and Safety Code, to
read:
   109951.  "Infant formula" shall have the same definition as that
term is used in the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
Sec. 321(z)).
  SEC. 3.  Section 109971 is added to the Health and Safety Code, to
read:
   109971.  "Medical food" means any product that meets the
definition of medical food in the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. Sec. 360ee(b)(3)).
  SEC. 4.  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.