BILL ANALYSIS
SB 173
Page 1
SENATE THIRD READING
SB 173 (Florez)
As Amended July 6, 2009
Majority vote
SENATE VOTE :26-12
HEALTH 14-1 AGRICULTURE 5-2
-----------------------------------------------------------------
|Ayes:|Jones, Ammiano, Block, |Ayes:|Galgiani, Ma, Mendoza, |
| |Carter, Hill, De Leon, | |Yamada, Monning |
| |Hall, Hayashi, Hernandez, | | |
| |Bonnie Lowenthal, Nava, | | |
| |V. Manuel Perez, Salas, | | |
| |Audra Strickland | | |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Gaines |Nays:|Tom Berryhill, Fuller |
| | | | |
-----------------------------------------------------------------
APPROPRIATIONS 13-4
------------------------------------
|Ayes:|De Leon, Ammiano, Charles |
| |Calderon, Coto, Davis, |
| |Fuentes, Hall, John A. Perez, |
| |Skinner, Solorio, Audra |
| |Strickland, Torlakson, Hill |
| | |
|-----+------------------------------|
|Nays:|Conway, Duvall, Harkey, |
| |Miller |
| | |
------------------------------------
SUMMARY : Authorizes the State Public Health Officer (PHO) to adopt
regulations for the voluntary recall of food suspected of carrying an
illness, infection, pathogen, contagion, toxin, or condition that,
without intervention, could kill or seriously affect the health of
humans.
EXISTING LAW :
1)Establishes the PHO to serve as the Director of the Department of
SB 173
Page 2
Public Health (DPH). Requires the PHO to be a licensed physician
and surgeon who has demonstrated medical, public health, and
management experience.
2)Confers upon DPH duties required by law for the detection and
prevention of the adulteration of articles used for food and drink,
and for the punishment of persons guilty of violating any law
protecting against adulteration.
3)Authorizes the State Veterinarian to quarantine or destroy, if he
or she believes that, based upon scientific evidence, a population
of domestic animals, or food product from animals, has contracted,
or may carry, an illness, infection, pathogen, contagion, toxin, or
condition that, without intervention, could kill or seriously
damage other animals or humans, as specified.
4)Requires DPH, or its authorized agent, to detain or embargo any
food, drug, device, or cosmetic, in the event that DPH or its
authorized agent finds, or has probable cause to believe, that the
item is adulterated, misbranded, or falsely advertised. Authorizes
DPH, or its authorized agent, to condemn or destroy detained or
embargoed items, as specified.
5)Imposes specified fines and/or imprisonment for failure to comply
with an order by DPH to remove from sale any product linked to an
outbreak of illness, injury, or product tampering.
6)Permits DPH to notify appropriate local health officers and
environmental health directors, and inform the public, as
specified, that a supplier, distributor, broker, processor, or
retailer in the local jurisdiction has handled or received, or
anticipates handling or receiving, a meat- or poultry-related
product that is subject to a voluntary federal recall.
FISCAL EFFECT : According to the Assembly Appropriations Committee,
annual general fund costs of approximately $90,000 for two years for
DPH to develop the regulation package and promulgate regulations.
COMMENTS : According to the author, this bill is intended to provide
the PHO with the necessary authority to effectively manage and
protect public health in the event of a food-borne illness outbreak.
The author notes that, presently, DPH lacks the statutory authority
to issue mandatory recalls and does not have any regulations to guide
such actions. This bill allows DPH to adopt regulations governing
SB 173
Page 3
the appropriate actions to take during a food-borne illness recall
and empowers public health officials to act quickly to improve the
safety of the state's food supply.
Federal Food and Drug Administration (FDA) regulations define a
recall as a firm's removal or correction of a marketed product that
the FDA considers to be in violation of the laws it administers and
against which the agency would initiate legal action. Currently,
FDA's statutory authority to issue mandatory recalls is limited to
infant formula, medical devices, and certain biological products. It
does not have authority to order a recall of a food or dietary
supplement. FDA's regulations provide general guidance for the
voluntary recall of products, including those recalls initiated by a
firm on its own and those initiated at FDA's request. FDA's recall
guidance describes actions that FDA and the industry can take to
carry out their respective recall responsibilities.
DPH reports that it does not currently have specific authority to
recall food, nor does it have statutory authority to develop
mandatory recall regulations. While DPH indicates that it does not
have authority to recall food that is believed to be contaminated
with a microbial pathogen or harmful chemical, it can initiate an
embargo of adulterated food and issue press releases advising
consumers not to purchase the suspect food. Current law provides
authority to an authorized agent of DPH to enter and inspect any
factory, warehouse, or establishment in which food is manufactured,
packed, or held. An authorized agent of DPH can also review and
collect documents related to the production, testing, and
distribution of food products and collect samples.
While DPH states that voluntary recalls are initiated by the
responsible business, it notes that, through its existing
authorities, DPH helps mitigate risks associated with recalled
products. For example, according to DPH, it works to provide
information to the public through press releases and collaborates
with local, state, and federal agencies to minimize public harm by
coordinating contaminated product distribution information,
performing laboratory analysis, and conducting recall effectiveness
audits when feasible. DPH also assists the responsible firm in
notifying their merchandise shippers and the public about the recall.
Analysis Prepared by : Cassie Rafanan / HEALTH / (916) 319-2097
FN:
SB 173
Page 4
0002347