BILL NUMBER: SB 550	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JULY 9, 2009
	AMENDED IN SENATE  MAY 20, 2009

INTRODUCED BY   Senator Florez
   (Coauthor: Senator Romero)

                        FEBRUARY 27, 2009

   An act to add Part 7.1 (commencing with Section 114450) to
Division 104 of the Health and Safety Code, relating to food safety.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 550, as amended, Florez. Public health: food product recall
technology.
   Existing law requires a meat or poultry supplier, distributor,
broker, or processor that sells a meat- or poultry-related product in
California that meets the criteria for a Class I or Class II recall
according to the United States Department of Agriculture guidelines
to immediately notify the State Department of Public Health and to
provide the department with a list of all customers, including a firm
name, address, contact person's name, telephone number, fax, and
e-mail address, that have received or will receive any product
subject to recall that the supplier, distributor, broker, or
processor has handled or anticipates handling.
   This bill would require a grocery store or grocery department, as
defined, to ensure that when it is notified that a product is subject
to a recall that applies to all products with the same Universal
Product Code and a recalled product is scanned, the store or
department's point-of-sale system, as defined, will  prevent the
sale and  notify the employee  and consumer 
that the product being purchased is subject to a recall  , and
that the employee will notify the consumer of this  .
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Part 7.1 (commencing with Section 114450) is added to
Division 104 of the Health and Safety Code, to read:

      PART 7.1.  GROCERY STORE RECALL TECHNOLOGY


   114450.  (a) A grocery store or grocery department that uses a
point-of-sale system and is informed  by the federal Food and
Drug Administration or by the manufacturer  that a product that
the grocery store or grocery department offers for sale is subject to
a recall that applies to all products with the same Universal
Product Code  that contains a product lot number, date of
manufacture, and location of manufacture  shall ensure that
 the   ,   when the product is scanned
through the point of sale system, both of the following occur: 
    (1)     The  point-of-sale system 
prevents the sale of the product and  notifies the 
employee and the consumer that the product is subject to a recall
when the product is scanned through the point-of-sale system.
  employee that the   product is subject to a
recall.  
   (2) The employee verbally notifies the consumer that the sale was
prevented because of the product recall. 
   (b) For purposes of this section:
   (1)"Grocery department" means a food facility, as defined in
Section 113789, within a general retail merchandise store that is
engaged primarily in the retail sale of packaged food, instead of
food prepared for immediate consumption on or off the premises.
   (2) "Grocery store" means a food facility, as defined in Section
113789, that is engaged primarily in the retail sale of packaged
food, instead of food prepared for immediate consumption on or off
the premises.
   (3) "Point-of-sale system" means any computer or electronic system
used by a retail establishment such as, but not limited to,
Universal Product Code scanners, price lookup codes, or an electronic
price lookup system as a means for determining the price of the item
being purchased by a consumer.