BILL NUMBER: SB 550 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 8, 2010
AMENDED IN ASSEMBLY AUGUST 31, 2009
AMENDED IN ASSEMBLY AUGUST 17, 2009
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. An act to add Sections 3208.5 and 3986 to the
Public Resources Code, relating to natural resources.
LEGISLATIVE COUNSEL'S DIGEST
SB 550, as amended, Florez. Public health: food product
recall technology. Natural resources: oil and gas:
mining: drilling.
Existing law regulates oil and gas activities and mining
activities. Existing law requires an operator of an oil and gas well
to file with the State Oil and Gas Supervisor certain indemnity
bonds.
This bill would require an operator of an oil and gas
operation or mining operation to have insurance or obtain an
indemnity bond in an amount and kind reasonably expected to secure
the costs of cleanup for any adverse environmental impact that could
be expected from the operator's drilling activity. The bill wou
ld require the insurance or indemnity bond amount to be at
least $10,000,000, and in the case where the drilling is within 1,000
feet of groundwater, at least $25,000,000. The bill would also
require an operator of an oil and gas operation or mining
operation to disclose to the owner of surface rights any agreement
between the operator and a drilling company. The bill would make an
operator drilling on farmland responsible for compensating the
landowners for surface damage to crops and other improvements caused
during the drilling.
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 general retail
merchandise store with a grocery department, as defined, to ensure
that when it is notified that a product for sale by the grocery store
or grocery department is subject to a recall that applies to all
products with the same Universal Product Code and a recalled product
is scanned, the store's point-of-sale system, as defined, will
prevent the sale and notify the employee 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
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 3208.5 is added to the
Public Resources Code , to read:
3208.5. (a) An operator shall file with the supervisor evidence
of insurance or an indemnity bond in an amount and kind reasonably
expected to secure the total costs of cleanup of any adverse
environmental impact that could be expected to result from drilling,
including the potential for drilling accidents, negligent drilling
activity, or both. The indemnity bond or insurance policy shall be in
an amount of not less than ten million dollars ($10,000,000). In the
case of subsurface drilling within 1,000 feet of groundwater, the
indemnity bond or insurance policy shall be in an amount of not less
than twenty-five million dollars ($25,000,000), and shall
specifically cover damage to groundwater.
(b) An operator shall provide to the owner of surface rights
written disclosure of any agreement between the operator and a
drilling company within 10 days of the execution of the agreement.
(c) In the case of drilling on farmland, an operator shall be
responsible for compensating the landowners for surface damage to
crops and all other improvements caused during the drilling.
SEC. 2. Section 3986 is added to the
Public Resources Code , to read:
3986. (a) An operator shall file with the supervisor evidence of
insurance or an indemnity bond in an amount and kind reasonably
expected to secure the total costs of cleanup of any adverse
environmental impact that could be expected to result from drilling,
including the potential for drilling accidents, negligent drilling
activity, or both. The indemnity bond or insurance policy shall be in
an amount of not less than ten million dollars ($10,000,000). In the
case of subsurface drilling within 1,000 feet of groundwater, the
indemnity bond or insurance policy shall be in an amount of not less
than twenty-five million dollars ($25,000,000), and shall
specifically cover damage to groundwater.
(b) An operator shall provide to the owner of surface rights
written disclosure of any agreement between the operator and a
drilling company within 10 days of the execution of the agreement.
(c) In the case of drilling on farmland, an operator shall be
responsible for compensating the landowners for surface damage to
crops and all other improvements caused during the drilling.
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 general retail merchandise store
with a 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, 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 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) This section shall not apply to a retail store that generates
more than 25 percent of its gross revenues from the sales of
prescription and over the counter drugs and medical devices.
(c) 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.