BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  AB 688
                                                                  Page  1

          Date of Hearing:   May 4, 2011

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Felipe Fuentes, Chair

                  AB 688 (Pan) - As Introduced:  February 17, 2011 

          Policy Committee:                              HealthVote:12-5

          Urgency:     No                   State Mandated Local Program: 
          Yes    Reimbursable:              No

           SUMMARY  

          This bill prohibits a retailer from selling, or permitting to be 
          sold, infant formula, baby food, and over-the-counter (OTC) 
          drugs, as defined, after the "use by" or expiration date 
          provided on the product's packaging.  

          FISCAL EFFECT  

          Minor, absorbable costs to the Department of Public Health (DPH) 
          to respond to complaints related to the sale of expired food 
          items and OTC drugs.

           COMMENTS  

           1)Rationale  .  The author states this bill is needed because 
            existing federal regulations require a "use-by" date on the 
            product label of infant formula, baby food, and certain food 
            items, but there are currently no provisions in state or 
            federal law prohibiting the sale of expired items.  

           2)Background  .  The author indicates the need for this bill 
            arises from a March 2008 undercover shopping operation in 
            which state investigators with the Attorney General's (AG) 
            office found 48 different types of expired products on the 
            shelves of 26 CVS Pharmacies in Los Angeles, Orange, and San 
            Diego counties.  Some of the expired products, which included 
            baby formula, toddler food, and OTC medications, were between 
            two and 11 months old.  

            The Food and Drug Branch within DPH regulates food, drugs, 
            medical devices, cosmetics, and certain other consumer goods 
            under the Sherman Food and Drug Act. The Act addresses the 








                                                                  AB 688
                                                                  Page  2

            packaging, labeling, and advertising of consumer goods. DPH 
            possesses a range of enforcement actions including placing 
            embargos on adulterated products and levying administrative, 
            civil, and criminal penalties.

           3)Related Legislation  .  AB 1512 (Lieu) of 2009, which was 
            substantively similar to this bill, was vetoed by Governor 
            Schwarzenegger, who stated it was unnecessary because current 
            law already has strong provisions and accompanying penalties 
            for adulterated food and drug products.


           Analysis Prepared by  :    Lisa Murawski / APPR. / (916) 319-2081