Amended in Senate August 22, 2014

Amended in Senate March 26, 2014

Senate Bill No. 1333

Introduced by Senator Wyland

February 21, 2014

An act to amend Section 110100 of the Health and Safety Code, relating to begin delete vitamin end delete begin insert vitamins and end insert supplements.

LEGISLATIVE COUNSEL’S DIGEST

SB 1333, as amended, Wyland. Vitamin begin insert and end insert supplement ingredients: begin delete labeling: country of origin. end delete begin insert certification. end insert

Existing law, the Sherman Food, Drug, and Cosmetic Law, generally regulates the packaging and labeling of foods and requires that all labels of foods, drugs, or cosmetics conform with the requirements of the federal Fair Packaging and Labeling Act, as specified, and the regulations adopted pursuant to that federal act. A violation of these provisions is a crime.

Existing law also authorizes the State Department of Public Health to adopt additional food labeling regulations.

This bill would require that begin delete vitamins that are packaged and distributed in this state identify on the package label the country of origin of each ingredient listed on the label. end delete begin insert a manufacturer and a wholesaler or distributor of vitamins or supplements in the state certify certain information to the department, including the country of origin for the vitamins and supplements. end insert The bill would also require the department to begin delete establish a program to enforce that requirement, to conduct a random sampling to assess the potency of each vitamin, and to ensure that information provided regarding the potency of the ingredients identified on the label is accurate. end delete begin insert create a form for a manufacturer and a wholesaler or distributor to certify the required information to the department and for the department to adopt a procedure for the submission of the form. end insert By creating a new crime, the 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 110100 of the Health and Safety Code
is amended to read:

110100.  

(a)  All food labeling regulations and any amendments
to those regulations adopted pursuant to the federal act, in effect
on January 1, 1993, or adopted on or after that date shall be the
food labeling regulations of this state.

(b)  The department may, by regulation, adopt additional food
labeling regulations. Prior to the adoption of any food labeling
regulation pursuant to this subdivision, the department shall seek
comments from consumer groups and representatives of the food
industry that have been identified by the department as being
affected by the proposed regulation.

begin delete

(c) (1) Each vitamin that is packaged and distributed in this
state shall include on the package label the country of origin of
each ingredient that is listed on the label.

end delete begin delete

(2) The department shall establish a program to do all of the
following:

end delete begin delete

(A) Enforce the requirements of paragraph (1).

end delete begin delete

(B) Conduct a random sampling to assess the potency of each
vitamin.

end delete begin delete

(C) Ensure that information provided regarding the potency of
each vitamin is accurate.

end delete begin insert

(c) A manufacturer and a wholesaler or distributor that sells
or distributes vitamins or supplements in the state shall certify to
the department all of the following:

end insert begin insert

(1) That the vitamins and supplements do not contain any of the
federally recognized contaminants in excess of federal safety limits.

end insert begin insert

(2) That all ingredients in the vitamins and supplements are
listed on the label.

end insert begin insert

(3) The quantity of active ingredients in the vitamins and
supplements.

end insert begin insert

(4) The country of origin for the vitamins and supplements.

end insert begin insert

(d) The department shall create a form for a manufacturer and
a wholesaler or distributor to certify to the department the
information in paragraphs (1) to (4), inclusive, and shall adopt a
procedure for submitting the form.

end insert

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.