BILL ANALYSIS
SB 190
Page 1
SENATE THIRD READING
SB 190 (Wright)
As Amended July 1, 2009
Majority vote
SENATE VOTE :36-1
HEALTH 12-4 APPROPRIATIONS 12-5
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|Ayes:|Jones, Ammiano, Block, |Ayes:|De Leon, Ammiano, |
| |Carter, | |Charles Calderon, Coto, |
| |De La Torre, De Leon, | |Davis, Fuentes, Hall, |
| |Emmerson, Hayashi, | |John A. Perez, Skinner, |
| |Hernandez, | |Solorio, Torlakson, Hill |
| |Bonnie Lowenthal, Nava, | | |
| |Salas | | |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Fletcher, Conway, Gaines, |Nays:|Conway, Duvall, Harkey, |
| | | |Miller, |
| |Audra Strickland | |Audra Strickland |
| | | | |
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SUMMARY : Directs the Department of Public Health (DPH) to adopt
regulations establishing definitions and standards of identity
for 100% pomegranate juice (PJ) in consultation with interested
parties by July 1, 2011. Specifically, this bill :
1)Requires DPH, in consultation with interested parties, to
adopt regulations establishing definitions and standards of
identity for 100% PJ, consistent with ensuring the public
health by July 1, 2011.
2)Clarifies that the regulations in 1#) above must apply
regardless of the origin or source of the pomegranates.
3)Requires moneys deposited on or after January 1, 2010, into
the Food Safety Fund, to be made available, upon appropriation
by the Legislature, to fund the development and adoption of
the regulations required by this bill.
EXISTING FEDERAL LAW :
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1)Prescribes, in regulations, national uniform standards for
beverages purporting to be 100% PJ, including that such
beverages may be comprised of any of the following:
a) Juice from one or more varieties of pomegranate fruit;
b) Solely from juice directly expressed from one or more
varieties of pomegranate fruit;
c) PJ concentrate and water, provided that the use of the
concentrate be disclosed in the name of the product and its
ingredient statement; and,
d) 100% PJ and non-juice ingredients that do not result in
a diminution of the juice soluble solids, provided that
"100% PJ" declarations be accompanied by a phrase
disclosing the non-juice ingredient, i.e. "100% PJ with
added sweetener" or "100% PJ with added preservatives."
2)Prohibits any state, or political subdivision of a state, from
establishing requirements for the labeling of food of the
types regulated under federal law, including PJ, that are not
identical to federal regulations.
EXISTING LAW :
1)Specifies, with certain exceptions, that any food fabricated
from two or more ingredients is misbranded unless it bears a
label clearly stating the common or usual name of each
ingredient and, if the food purports to be a beverage
containing vegetable or fruit juice, a statement with
appropriate prominence on the information panel indicating the
total percentage of fruit or vegetable juice contained in the
food.
2)Makes it a misdemeanor, punishable as prescribed, to misbrand
any food.
3)Declares that all food labeling regulations adopted pursuant
to federal law are the food labeling regulations of this
state.
4)Authorizes DPH, by regulation, to establish definitions and
standards of identity, quality, and fill of container for any
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food, when, in its judgment, such action will promote honesty
and fair dealing in the interest of consumers.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, 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 PJ.
COMMENTS : The author contends that this bill is intended to
address issues of adulteration of PJ from foreign sources.
According to the author, PJ from foreign suppliers in Iran and
other Middle Eastern countries is purchased for well below the
established market price for pure PJ concentrate and then used
in juice products that are falsely labeled with claims of "100%
PJ 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
PJ, many suppliers resort to adulteration, an illegal practice
of tainting PJ 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 PJ damages California growers by driving down
the price they get for their commodity. Lastly, the sponsor of
this bill, the Partnership for Unadulterated, Real and Ethical
Pomegranate Juice (PURE PJ), a non-profit group comprised of
juice processors and 15 California pomegranate growers, adds
that this bill will ensure that all retail PJ is 100% pure and
unadulterated so consumers can enjoy the health value of this
product and California growers and juice processors can enjoy a
fair and level playing field.
The federal Food and Drug Administration (FDA) allows three
types of claims on food labels: a health claim, a structure or
function claim, and a nutrient claim. The FDA recognizes 17
specific health claims, each linking a food or dietary
ingredient to a disease or health-related condition. Twelve
were authorized through a process in which the agency evaluates
the evidence for a food's reputed health effects. The other
five were incorporated as part of the FDA Modernization Act of
1997, which allows for health claims based on an authoritative
statement of a scientific body of the federal government or the
National Academy of Sciences. In addition, the FDA sets
standards for labeling for any beverage that purports to contain
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fruit or vegetable juice, including, but not limited to
advertising, labeling, and direct or indirect representation to
any fruit or vegetable. These standards include mandatory
labeling of which juice it contains and the percentage of juice
it contains.
Supporters of this bill, including Roll International, owner of
POM Wonderful and a member of PURE PJ, and many California
pomegranate farms and farmers, state that this bill will lead to
the establishment of a standard of identity for PJ, similar to
the existing standard that California has for olive oil, and
require the labeling of PJ as "100% PJ" to mean exactly that.
Individual pomegranate growers and PJ producers argue that this
bill will protect the interests of consumers who wish to buy
authentic PJ and provide an even playing field for the 250
farmers in the state who grow commercial pomegranates on 35,000
acres. The American Federation of State, County and Municipal
Employees, AFL-CIO writes in support of a prior version of this
bill, stating that the misrepresentation of the percentage level
of actual PJ in a product not only hurts this California
industry, but also serves as false advertising. Supporters add
that this bill will for the first time establish a standard for
what constitutes 100% PJ so California growers will be protected
from competing with adulterated imported products and California
consumers will be assured that they are getting what they pay
for.
DPH opposes this bill because it is unnecessary. 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.
The Grocery Manufacturers Association points out that the FDA
has already established criteria for 100% PJ in its percent
juice labeling regulations. Additionally, the Juice Products
Association notes that these same FDA rules deem juices directly
expressed from fruit or vegetables to be 100% juice and
implicitly allow for beverages of less than 100% juice by
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requiring a statement of percentage juice on these items. The
California League of Food Processors objects to the use of the
Food Safety Fund, which is dedicated to industry fee-based
programs, as the source of funding for the regulations required
by this bill, and argues that if the PJ industry wants to create
definitions and standards of identity for PJ, the PJ industry
should pay for the regulations.
Analysis Prepared by : Cassie Rafanan / HEALTH / (916)
319-2097
FN: 0002346