BILL NUMBER: SB 1293	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Emmerson

                        FEBRUARY 23, 2012

   An act to add Section 110673.1 to the Health and Safety Code,
relating to food.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1293, as introduced, Emmerson. Food safety: allergens.
   Existing federal law deems food to be misbranded if it contains a
major food allergen, as defined, unless the labeling contains
specified information.
   The existing Sherman Food, Drug, and Cosmetic Law, administered
and enforced by the State Department of Public Health, provides that
any food is misbranded if the labeling does not conform with the
federal requirements for food allergen labeling. Violation of the law
or any regulation adopted pursuant to the law is a misdemeanor.
   This bill would require, to the extent permitted by federal law,
the State Department of Public Health to adopt certain standards for
use of the terms "gluten free" and "wheat free" on food labels. By
changing the definition of a crime, this bill would impose 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.  Section 110673.1 is added to the Health and Safety
Code, to read:
   110673.1.  Notwithstanding Section 110673, and to the extent
permitted by federal law, the department shall adopt standards that
authorize the use of the terms "gluten free" and "wheat free" on food
labeling only when the food contains less than 20 parts per million
of gluten.
  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.