BILL NUMBER: AB 688	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Pan

                        FEBRUARY 17, 2011

   An act to add Chapter 3.5 (commencing with Section 110286) to Part
5 of Division 104 of the Health and Safety Code, relating to food
and drug safety.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 688, as introduced, Pan. Food and drugs: sale.
   The Sherman Food, Drug, and Cosmetic Law contains various
provisions regarding the contents, packaging, labeling, and
advertising of food, drugs, and cosmetics. A violation of any of
these provisions is punishable as a misdemeanor.
   This bill would prohibit a retailer from selling or permitting to
be sold after the "use by" date infant formula or baby food that is
required to have this date on its packaging pursuant to federal law.
It would also prohibit a retailer from selling or permitting to be
sold after the expiration date an over-the-counter drug, as defined,
that is required to have this expiration date on its packaging
pursuant to that federal law. By creating a new crime, this bill
would create a state-mandated local program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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

  SECTION 1.  Chapter 3.5 (commencing with Section 110286) is added
to Part 5 of Division 104 of the Health and Safety Code, to read:
      CHAPTER 3.5.  EXPIRATION AND USE BY DATES


   110286.  (a) A retailer shall not sell or permit to be sold after
the "use by" date infant formula or baby food that is required to
have this date on its packaging pursuant to the federal act and
federal regulations adopted pursuant to the federal act, including,
but not limited to, Section 107.20 of Title 21 of the Code of Federal
Regulations.
   (b) A retailer shall not sell or permit to be sold after the
expiration date an over the counter drug.
   (c) This section shall not be construed to preclude any other
action authorized by law.
   (d) For purposes of this section, the following definitions shall
apply:
   (1) "Baby food" shall mean the processing of canned fresh fruits
and vegetables, meats, eggs, fruit juices, cereal, formulated
entrees, and desserts and snacks using ingredients that are fresh,
preprocessed, or any combination of these, and other food ingredients
necessary for the production of infant foods.
   (2) "Infant formula" shall have the meaning given in subdivision
(z) of Section 321 of Title 21 of the United States Code.
   (3) "Over-the-counter drug" means a nonprescription drug regulated
by the federal Food and Drug Administration that is required to have
an expiration date on its packaging pursuant to the federal act and
federal regulations adopted pursuant to the federal act, including,
but not limited to, Section 211.137 of Title 21 of the Code of
Federal Regulations.
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.