BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  SB 20
                                                                  Page  1


          SENATE THIRD READING
          SB 20 (Padilla)
          As Amended September 2, 2011
          Majority vote

           SENATE VOTE  :  34-2
            
           HEALTH              13-0        APPROPRIATIONS      17-0        
           
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          |Ayes:|Monning, Ammiano, Atkins, |Ayes:|Fuentes, Harkey,          |
          |     |Bonilla, Eng, Gordon,     |     |Blumenfield, Bradford,    |
          |     |Hayashi,                  |     |Charles Calderon, Campos, |
          |     |Roger Hern�ndez, Bonnie   |     |Davis, Donnelly, Gatto,   |
          |     |Lowenthal, Mitchell, Pan, |     |Hall, Hill, Lara,         |
          |     |V. Manuel P�rez, Williams |     |Mitchell, Nielsen, Norby, |
          |     |                          |     |Solorio, Wagner           |
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           SUMMARY  :  Repeals current law governing menu labeling 
          requirements for food facilities and, instead, conforms state 
          law to federal law.  Specifically,  this bill  : 

          1)Deletes existing law governing menu labeling requirements for 
            food facilities.

          2)Requires every food facility subject to federal law or subject 
            to state law as it read on July 1, 2011, to comply with the 
            requirements of federal law and all subsequent regulations.

          3)Clarifies that the Department of Public Health and local 
            enforcement agencies are primarily responsible for enforcing 
            the provisions of this bill.

          4)Makes a violation of this bill an infraction punishable by a 
            fine in an amount that varies based on the nature of the 
            violation and permits the enforcement agency to assess a civil 
            penalty, as specified, as an alternative to assessing an 
            infraction.

          5)Prohibits a food facility from being found to have committed a 
            violation under this bill more than once during an inspection 
            visit.

          6)Makes the provisions of this bill operative only on and after 








                                                                  SB 20
                                                                  Page  2

            the compliance date specified in federal law and subsequent 
            implementing regulations.

           FISCAL EFFECT  :  According to the Assembly Appropriations 
          Committee, there are no significant costs associated with this 
          legislation.  

           COMMENTS  :  According to the author, this bill seeks to conform 
          California's menu labeling standards to federal menu labeling 
          requirements that were included in the Patient Protection and 
          Affordable Care Act (PPACA).  A previous bill that initiated 
          menu labeling in California,         SB 1420 (Padilla), Chapter 
          600, Statutes of 2008, requires restaurant chains with 20 or 
          more locations to disclose nutritional information, including 
          sodium, saturated fat, caloric, and carbohydrate content, on 
          their menus and menu boards and make it available to customers 
          under specified circumstances.

          The author contends that the menu labeling provisions included 
          in PPACA and subsequent proposed regulations for implementation 
          will likely create a need for conformity between PPACA and 
          California's law.  This bill seeks to address conformity 
          relative to the types of entities subject to menu labeling 
          requirements.


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




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