BILL ANALYSIS                                                                                                                                                                                                    �



                                                                     AB 688
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        CONCURRENCE IN SENATE AMENDMENTS
        AB 688 (Pan)
        As Amended September 2, 2011
        Majority vote
         
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        |ASSEMBLY:  |50-26|(May 19, 2011)  |SENATE: |27-12|(September 8,  |
        |           |     |                |        |     |2011)          |
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         Original Committee Reference:    HEALTH  

         SUMMARY  :  Prohibits a retailer or retail food facility from selling, 
        or offering for sale, infant formula, baby food, and 
        over-the-counter drugs beyond the expiration or "use by" date 
        indicated on the product's packaging and imposes a $10 fine per item 
        per day in violation.

         The Senate amendments  :

        1)Replace the term "permit to be sold" with "offer for sale." 

        2)Recast provisions relating to expired infant formula and baby food 
          within the existing California Retail Food Code (CRFC) to enable 
          local health departments to carry out enforcement of these 
          provisions. 

        3)Provide that, in lieu of other penalties, any retailer or retail 
          food facility that violates the prohibitions in this bill is 
          guilty of an infraction, punishable by a maximum fine of $10 per 
          day for each item sold after the expiration or "use by" date.

        4)Require the fine imposed by this bill to be calculated based on 
          the number of days past the expiration or "use by" date that the 
          product is either found being offered for sale, or if it is sold, 
          the date of sale as established by proof of purchase, including, 
          but not limited to, a sales receipt.

        5)Permit the Department of Public Health (DPH) and local enforcement 
          entities to assess additional administrative penalties of $10 per 
          day on a retailer or retail food facility that violates the 
          provisions of this bill.

         EXISTING LAW  establishes the Sherman Food, Drug, and Cosmetic Law, 
        administered by DPH, to regulate the contents, packaging, labeling, 
        and advertising of food, drugs, and cosmetics, and the CRFC, also 








                                                                     AB 688
                                                                     Page  2
        administered by DPH, to regulate food safety in California.
         
        AS PASSED BY THE ASSEMBLY  , this bill was substantially similar to 
        the version approved by the Senate.  
         
        FISCAL EFFECT  :  According to the Senate Appropriations Committee, 
        pursuant to Senate Rule 28.8, negligible state costs.  

         COMMENTS  :  The Senate version differs from the Assembly-approved 
        version in that the Senate amendments make clarifying changes 
        related to enforcement and the imposition of fines.  


         Analysis Prepared by  :    Cassie Royce / HEALTH / (916) 319-2097 FN: 
        0002757