BILL NUMBER: AB 1370	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Solorio

                        FEBRUARY 27, 2009

   An act to amend Section 111385 of the Health and Safety Code,
relating to public health.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1370, as introduced, Solorio. Drugs and devices: labeling:
expiration date: best before date.
   Existing law, the Sherman Food, Drug, and Cosmetic Law, requires
the State Department of Public Health 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. A violation of these provisions is a crime.
   Existing law classifies a drug or device as misbranded if the
department determines that the drug or device is liable to
deterioration and the drug or device is not packaged and labeled in a
form and manner and set forth in regulations of the department.
   This bill would require that the label contain a "best before"
date in addition to the expiration date of the effectiveness of the
drug or device. By expanding the definition of an existing 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 111385 of the Health and Safety Code is amended
to read:
   111385.  Any drug or device is misbranded if the department
determines that the drug or device is liable to deterioration, unless
it is packaged in that form and manner and its label bears a
statement of the precautions, as the department, by regulation, may
require as necessary for the protection of public health  ,
including, but not limited to, "best before" date in addition to the
expiration date of the effectiveness of the drug or device  .
 Such   The  regulations shall not be
established for any drug or device recognized in an official
compendium, unless the department has informed the appropriate body,
charged with the revision of the official compendium, of the need for
that packaging or labeling requirements and that body has not
prescribed the requirements in a reasonable length of time.
  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.