BILL NUMBER: AB 1216	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 4, 2009
	AMENDED IN ASSEMBLY  APRIL 21, 2009
	AMENDED IN ASSEMBLY  APRIL 2, 2009

INTRODUCED BY   Assembly Member Evans

                        FEBRUARY 27, 2009

   An act to amend Section 29413 of the Food and Agricultural Code,
relating to honey.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1216, as amended, Evans. Honey.
   Existing law defines "honey" for purposes of those provisions of
law that regulate the content, labeling, and container standards of
honey.
   This bill would establish a new definition of honey for these
purposes, including new technical standards, as specified, and new
honey designation provisions, the violation of which would be a crime
under other provisions of law.
   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:

  SECTION 1.  Section 29413 of the Food and Agricultural Code is
amended to read:
   29413.  (a) "Honey" means the natural food product resulting from
the harvest of nectar by honeybees and the natural activities of the
honeybees in processing nectar. It consists essentially of different
sugars, predominantly fructose and glucose as well as other
substances such as organic acids, enzymes, and solid particles
derived from honey collection. The color of honey can vary from
nearly colorless to dark brown. The consistency can be fluid,
viscous, or partially to completely crystallized. The flavor and
aroma vary, but are derived from the plant's origin. Honey sold as
such shall not have added to it any food additives, nor shall any
other additions be made other than honey. It shall not have begun to
ferment or effervesce and no pollen or constituent unique to honey
may be removed except where unavoidable in the removal of foreign
matter. Chemical or biochemical treatments shall not be used to
influence honey crystallization. Honey shall meet the following
standards:
   (1) Honey shall not have a moisture content exceeding 23 percent.
No water may be added to honey in the course of extraction or packing
for sale or resale as honey.
   (2) The ratio of fructose to glucose shall be greater than 0.9.
Sucrose content shall not exceed 10 percent, except for lavender
(Lavandula) or borage (Borago officinalis) which may contain up to 15
percent sucrose. Maltose content shall not exceed 10 percent.
   (3) The absolute value of Carbon Stable Isotope Ratio Analysis
shall be more negative than -20.0.
   (b) Products conforming to the standard of identity in subdivision
(a) shall be designated "honey."  Foods containing honey and
any flavoring, spice, or food additive, or honey processed in such a
way that a modification of honey occurs that materially changes the
flavor, color, viscosity, or other material characteristic of pure
honey, shall be distinguished in the food name from honey by
declaration of the food additive or modification. 
   (c) Honey may be designated according to floral or plant source if
it comes predominantly from that particular source and has the
organoleptic, physiochemical, and microscopic properties
corresponding with that origin.
   (d) Where honey has been designated according to floral or plant
source, then the common name or botanical name of the floral source
shall be used in conjunction with or joined with the word "honey."
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B 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 XIII B of the California
Constitution.