BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 1216
                                                                  Page  1

          Date of Hearing:  April 29, 2009

                          ASSEMBLY COMMITTEE ON AGRICULTURE
                              Cathleen Galgiani, Chair
                    AB 1216 (Evans) - As Amended:  April 21, 2009
           
          SUBJECT  :  Honey.

           SUMMARY  :  Changes the definition of honey for labeling purposes  
          to conform to new standards.  Specifically,  this bill  :  

          1)Defines honey as a natural food product produced by honeybees,  
            consisting of sugars, organic acids, enzymes and solids  
            derived from honey collection.

          2)Defines honey as having a variety of color, taste, smell and  
            consistency.

          3)Defines honey as not having any food additives, or any other  
            additives, and is not chemically or bio-chemically treated to  
            affect crystallization.

          4)Requires honey to meet the following standards:

             a)   No water added to honey and moisture content shall not  
               exceed 23%;

             b)   The fructose to glucose ration is greater than .09%.   
               Sucrose or maltose shall not exceed 10%, with the exception  
               of lavender or borage honey, which shall not exceed 15%  
               sucrose; and,

             c)   The Carbon Stable Isotope Ratio Analysis shall be lower  
               than -20.0.

          5)Requires any product containing honey and any flavoring, spice  
            or food additive, or honey that is substantially changed due  
            to processing, be labeled differently from honey.

          6)Allows honey to be called by its floral or plant source name,  
            if it is primarily from that source and is consistent with the  
            properties of that source.  When called by a flora or plant  
            source, the common botanical name shall be joined with the  
            word "honey."








                                                                  AB 1216
                                                                  Page  2

          7)Allows honey to be called according to the following styles:  
            honey in a liquid or crystal state or a mix of both; comb  
            honey; or, cut comb honey.

           EXISTING LAW  defines honey, for labeling purposes, as floral  
          nectar, gathered and stored in honeycomb by honey bees,  
          containing not more then 20% water, 1/25 of 1% ash, and not more  
          than 8% sucrose.  Honey must also have a specific gravity of  
          less then 1.412 and weighing at least 11 pounds and 12 ounces  
          per gallon.  (Food and Agriculture Code Section 29413)

           FISCAL EFFECT  :  Unknown.  This bill has been keyed fiscal by  
          Legislative Counsel. 

           COMMENTS  :  This bill changes the current definition of honey to  
          create a uniform definition for honey that will protect honey  
          consumers, packers, and producers from deceptive product  
          labeling.  This is part of an effort to make a uniform honey  
          definition across the United States.  This bill uses a  
          definition that takes into account the many varieties of honey  
          and is based on updated scientific standards.  The State of  
          Florida is currently reviewing a new definition of honey similar  
          to the definition in this bill and will complete the process by  
          June 2009.

          A recent investigative news report details problems with honey  
          adulteration, honey labeling and imported honey.  The report  
          found that without a uniform standard for honey it is difficult  
          to prosecute someone for adulteration of honey.  (Andrew  
          Schneider, "Honey Laundering",  Seattle Post-Intelligencer  ,  
          December 25, 2008)

          Adulterated honey violates labeling requirements and truth in  
          labeling laws.  This bill would remedy this problem and provide  
          consumer protection. 

          Carbon Stable Isotope Ratio Analysis is a process used to test  
          the authenticity of many different foods, including honey, maple  
          syrup, fruit juice and mushrooms.

          As written, this bill appears to expand the labeling of honey to  
          food products containing honey (page 2, lines 32-38).  The  
          author's office and the sponsor, California State Beekeepers  
          Association, stated this is not their intent.  The Committee may  
          wish to consider the following amendment:  On page 2, lines 32  







                                                                  AB 1216
                                                                  Page  3

          -38, strike the words "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."

           REGISTERED SUPPORT / OPPOSITION  :  

           Support 
           
          California State Beekeepers Association (sponsor)

           Opposition 
           
          None on file.
           
          Analysis Prepared by  :    Victor Francovich / AGRI. / (916)  
          319-2084