BILL NUMBER: AB 688	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 15, 2011
	AMENDED IN SENATE  JULY 12, 2011
	AMENDED IN SENATE  JUNE 23, 2011

INTRODUCED BY   Assembly Member Pan
   (Coauthor: Assembly Member Mitchell)

                        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 amended, 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 after the
expiration or "use by"  or "use before"  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 after the expiration or "use by"  or "use before"
 date an over-the-counter drug, as defined, that is
required to have this expiration date on its packaging pursuant to
that federal law. This bill would make a violation of its provisions
an infraction, punishable by a fine of not more than $10 per day,
calculated as prescribed.  This bill would also authorize the
department and local enforcement entities to assess administrative
penalties on a retailer who violates these provisions in the amount
of $10 per day for each item sold or offered for sale in addition to
other penalties authorized by law, to be deposited as specified.
 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  , USE BY, AND USE BEFORE
DATES   AND USE BY DATES 


   110286.  (a) A retailer shall not sell after the expiration or
"use by"  or "use before"  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 after the expiration or "use by"
 or "use before"  date an over-the-counter drug.
   (c) This section shall not be construed to preclude any other
action authorized by law.
   (d) Notwithstanding Section 111825, any retailer who violates this
section is guilty of an infraction, punishable by a fine of not more
than ten dollars ($10) per day for each item sold after the
expiration or "use by"  or "use before"  date. The
fine shall be calculated based upon the number of days between the
expiration or "use by"  or "use before"  date and
the date of sale. The date of sale shall be established by evidence
of the proof of purchase, including, but not limited to, a sales
receipt.  Notwithstanding Section 111835, the moneys from
fines collected pursuant to this section shall be deposited in the
General Fund, except that when fines are collected pursuant to this
section by a local jurisdiction, the moneys collected shall be
deposited into the general fund of the local jurisdiction.

   (e) The department and local enforcement entities may assess
administrative penalties on a retailer who violates this section in
the amount of ten dollars ($10) per day for each item sold in
addition to other penalties authorized by law.  
   (1) Moneys from penalties collected pursuant to this subdivision
by the department shall be deposited into the General Fund. 

   (2) Moneys from penalties collected pursuant to this subdivision
by a local enforcement entity shall be deposited into the general
fund of the local jurisdiction.  
   (e) 
    (   f)  For purposes of this section, the
following definitions shall apply:
   (1) "Baby food" shall have the meaning given to "baby foods" in
paragraph (c) of Section 407.81 of Title 40 of the Code of Federal
Regulations.
   (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.    It is the intent of the Legislature in
adding Chapter 3.5 (commencing with Section 110286) to the Sherman
Food, Drug, and Cosmetic Act (Part 5 (commencing with Section 109875)
of Division 104 of the Health and Safety Code) that the department
and local enforcement entities rely on existing enforcement authority
and procedures to enforce this section. 
   SEC. 2.   SEC. 3.   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.