BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 190
                                                                  Page  1

          Date of Hearing:   August 19, 2009

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Kevin De Leon, Chair

                     SB 190 (Wright) - As Amended:  July 1, 2009 

          Policy Committee:                              HealthVote:12 - 4  


          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:              

           SUMMARY  

          This bill requires the Department of Public Health (DPH) by July  
          1, 2011, to consult with interested parties and adopt  
          regulations establishing standards for 100% pomegranate juice. 

           FISCAL EFFECT  

          Annual special fund costs of approximately $90,000 (Food Safety  
          Fund) for two years for DPH to develop standards and adopt  
          regulations governing the labeling of pomegranate juice. 

           COMMENTS  

           1)Rationale  . The author contends this bill addresses the  
            adulteration of pomegranate juice from foreign sources.   
            According to the author, pomegranate juice from foreign  
            suppliers in Iran and other Middle Eastern countries is  
            purchased for well below the established market price for pure  
            pomegranate juice concentrate and then used in juice products  
            that are falsely labeled with claims of "100% pomegranate  
            juice with no sugar added" to induce consumers to purchase the  
            product in hopes of receiving substantial health benefits.  

            The author asserts that, given the inherently high cost of  
            producing pomegranate juice, many suppliers resort to  
            adulteration, an illegal practice of tainting pomegranate  
            juice with filler ingredients such as sugar, high fructose  
            corn syrup, low-cost juices, colorants, and flavor enhancers.   
            The author notes that California is the only commercial  
            growing region of pomegranates in the United States and  
            adulterated pomegranate juice damages California growers by  








                                                                  SB 190
                                                                  Page  2

            driving down the price they get for their commodity.  

            Supporters, including Roll International, owner of POM and a  
            member of PURE PJ, the sponsor of this bill, and many  
            California pomegranate farms and farmers, state that this bill  
            will lead to the establishment of a standard of identity for  
            pomegranate juice, similar to the existing standard that  
            California has for olive oil, and require the labeling of  
            pomegranate juice as "100% pomegranate juice" to mean exactly  
            that.  Individual pomegranate growers and pomegranate juice  
            producers argue that this bill will protect the interests of  
            consumers who wish to buy authentic pomegranate juice and  
            provide an even playing field for the 250 farmers in the state  
            who grow commercial pomegranates on 35,000 acres.  
           
          2)Opposition  . In opposition to the bill, the Department of  
            Public Health (DPH) writes that existing law already states,  
            in part, that food fabricated from two or more ingredients is  
            misbranded unless it bears a label clearly stating that the  
            common or usual name of each ingredient and, if the food  
            claims to be a beverage containing vegetable or fruit juice,  
            it must include a prominent statement on the information panel  
            disclosing the total percentage of fruit or vegetable juice  
            contained in the food.  Furthermore, DPH adds that any person  
            who violates these provisions, or violates any regulation  
            adopted pursuant to these provisions, shall, if convicted, be  
            subject to fines and/or imprisonment.  

           Analysis Prepared by  :    Julie Salley-Gray / APPR. / (916)  
          319-2081