BILL NUMBER: AB 2297 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 1, 2004
INTRODUCED BY Assembly Member Vargas
FEBRUARY 19, 2004
An act to add Chapter 5.5 (commencing with Section
105320) to Part 5 of Division 103 of the Health and Safety Code,
relating to lead contamination of candy. An act to add
a heading as Article 1 (commencing with Section 105275) to, and to
add Article 2 (commencing with Section 105312) to, Chapter 5 of Part
5 of Division 102 of the Health and Safety Code, relating to imported
candy.
LEGISLATIVE COUNSEL'S DIGEST
AB 2297, as amended, Vargas. Candy: maximum allowable
lead levels Imported candy: lead contamination
.
Existing law, the Sherman Food, Drug, and Cosmetic Law, requires
the State Department of Health Services to regulate manufacture,
sale, labeling, and advertising activities related to food, drugs,
devices, and cosmetics in conformity with the federal Food, Drug, and
Cosmetic Act.
Under existing law, the State Department of Health Services is
responsible for administering the Childhood Lead Poisoning Prevention
Act of 1991. Existing law requires the department to establish a
childhood lead poisoning prevention program to identify and conduct
medical followup of high-risk children, and to establish procedures
for environmental abatement and followup designed to reduce the
incidence of excessive childhood lead exposures. Existing law
requires the department to assess a fee for these purposes against
persons who contributed to sources of lead contamination.
This bill would, in addition, require the department to monitor
lead levels in candy sold or distributed in the state to determine
the lead levels contained in the candy. The bill would require the
department to establish maximum allowable lead levels for candy.
This bill would require the department, if it tests candy and
determines that the candy exceeds the maximum allowable lead level,
to issue health advisory notices to county health departments
alerting them to the dangers posed by consumption of the candy, and
to notify the manufacturer and distributor of the candy that the
candy exceeds the maximum allowable lead level and that the candy may
not be sold or distributed in the state unless further testing
proves that the candy is in compliance with the maximum allowable
lead level.
This bill would amend the Childhood Lead Poisoning Prevention Act
of 1991 to require the department to use those fees, upon
appropriation by the Legislature, to regulate the lead content of
imported candy. The bill would require the department to test
imported candy to determine the presence of lead, to issue related
health advisories, to order removal of, and to embargo, imported
candy found to contain lead. The bill would require the department
to adopt related regulations and to form an interagency
collaborative. The bill would authorize the department to enter into
contracts with county health officers and to provide grants to
environmental justice organizations.
By requiring enforcement of these provisions in part by county
health officials, 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, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares that
SECTION 1. A heading is added as Article 1 (commencing with
Section 105275) to Chapter 5 of Part 5 of Division 102 of the Health
and Safety Code, to read:
Article 1. General
SEC. 2. Article 2 (commencing with Section 105312) is added to
Chapter 5 of Part 5 of Division 102 of the Health and Safety Code, to
read:
Article 2. Imported Candy
105312. (a) The department, as a component of its other
regulatory duties pursuant to this chapter, shall have jurisdiction
over the regulation of imported candy to ensure that the candy is
lead free.
(b) For the purposes of this chapter "candy" includes only candy
imported from a foreign country and its packaging or wrapper.
(c) Funds deposited into the Childhood Lead Poisoning Prevention
Fund established pursuant to Section 105310 shall, upon appropriation
by the Legislature, be available to the department for the purposes
of this article.
105313. The department shall do all of the following:
(a) Establish a lead content standard of zero, or the lowest
detection limit, for imported candy.
(b) Establish a collaborative as set forth in Section 105314.
(c) Require the testing of imported candy to determine its lead
content. Priority shall be given to testing samples of imported candy
received by community-based organizations.
(d) Issue health advisories when candy has been found to contain
any detectible level of lead.
(e) Order local health officers to remove from selves of
retailers, any candy found to contain lead.
(f) Order an embargo against a manufacturer of candy that is found
to contain lead, until the manufacturer demonstrates that the lead
contamination no longer exists.
(g) Promote enforcement of this article by making the elimination
of lead in imported candy a major goal of its Childhood Lead
Poisoning Prevention Branch.
(h) Through its Childhood Lead Poisoning Prevention Branch, enter
into contracts with county health officers and county environmental
health officers to collect samples of imported candy for submission
to the Food and Drug Branch of the department for testing pursuant to
this article.
(i) Through its Food and Drug Branch, test the samples of imported
candy collected pursuant to this article.
(j) Through its Childhood Lead Poisoning Prevention Branch,
provide grants to between 5 and 10 environmental justice
organizations throughout the state to identify retail establishments
and imported candy for obtaining test samples. Pursuant to these
grants, the organization shall conduct inspections of retail
establishments to determine the presence of imported candy and shall
report its findings to the county health officer for the collection
and testing of samples pursuant to this chapter, and for enforcement
actions if banned candy is found. The organizations shall conduct a
media campaign as a central part of their public education and
outreach efforts under this article.
(k) Through its Childhood Lead Poisoning Prevention Branch, draft,
periodically update, and distribute a community flyer that
identifies all imported candy found to contain lead pursuant to this
article, for use by the department and by environmental justice
organizations to inform the public and to educate retailers.
(l) Adopt regulations necessary for the enforcement of this
article. Evaluate the regulatory process, identify problems, and
report to the Legislature, as necessary.
105314. (a) The department shall establish an interagency
collaborative on the lead content of imported candy to be composed of
the following members:
(1) The department, including its Childhood Lead Poisoning Branch
and its Food and Drug Branch.
(2) County health officers.
(3) Environmental health organizations receiving grants pursuant
to this article.
(4) Health ministers of affected foreign governments.
(5) Manufactures of imported candy.
(6) Community-based organizations.
(b) The department, in consultation with its partners in the
collaborative, shall do all of the following:
(1) Identify the reasons for, and problems associated with, lead
contamination of imported candy.
(2) Identify obstacles to removal of lead from imported candy, and
develop strategies for overcoming the obstacles.
(3) Develop recommended feasible manufacturing process shifts
designed to result in lead-free candy.
SEC. 3. Notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
costs mandated by the state, reimbursement to local agencies and
school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code. If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.
dangerous lead levels have been found in candy.
SEC. 2. Chapter 5.5 (commencing with Section 105320) is added to
Part 5 of Division 103 of the Health and Safety Code, to read:
CHAPTER 5.5. LEAD IN CANDY
105320. (a) The department shall monitor lead levels in all candy
sold or distributed in the state. Monitoring shall include sampling
and testing to determine the lead levels contained in the candy.
(b) The department shall establish maximum allowable lead levels
for all candy sold or distributed in the state. In establishing
these levels, the department shall consider any relevant standards,
guidelines, and information available from the federal Food and Drug
Administration and the federal Centers for Disease Control and
Prevention, and any other source that the department deems
appropriate.
(c) If the lead level in a candy that is tested by the department
pursuant to subdivision (a) exceeds the maximum allowable lead level,
the department shall do both of the following:
(1) Issue health advisory notices to county health departments
alerting them to the danger posed by consumption of the candy.
(2) Notify the manufacturer and the distributor of the candy that
the candy exceeds the maximum allowable lead level, and that the
candy may not be sold or distributed in the state until further
testing proves that the candy is in compliance with the maximum
allowable lead level.
(d) (1) If a candy exceeds the maximum allowable lead level, the
manufacturer or distributor may correct the problem and resubmit the
candy to the department for further testing.
(2) If the lead content of the candy is below the maximum
allowable lead level when it is retested, the department shall
provide the manufacturer or distributor and the county health
department with a letter stating that the candy has been retested and
determined to contain less than the maximum allowable lead level
established by the department, and that the sale and distribution of
the candy in the state may resume.
(3) If the candy still exceeds the maximum allowable lead level
after it has been retested, the manufacturer or distributor may take
corrective measures and continue to resubmit samples for testing
until the candy's lead content is below the maximum allowable lead
level if the manufacturer or distributor wishes to sell or distribute
the candy in the state.