Bill Text: CA AB2217 | 2023-2024 | Regular Session | Introduced

California Assembly Bill 2217

Introduced

Bill Title: Tianeptine.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-04-02 - In committee: Set, first hearing. Hearing canceled at the request of author. [AB2217 Detail]

Download: California-2023-AB2217-Introduced.html

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill

No. 2217

Introduced by Assembly Member Weber

February 07, 2024

An act to add Chapter 16.7 (commencing with Section 109024) to Part 3 of Division 104 of the Health and Safety Code, relating to public health.

LEGISLATIVE COUNSEL'S DIGEST

AB 2217, as introduced, Weber. Tianeptine.

Existing law provides for the regulation of the safety of food products, including adulterated and misbranded food, wholesale food, and food in retail food facilities.

This bill, commencing January 1, 2027, would prohibit a person or entity from manufacturing, selling, delivering, distributing, holding, or offering for sale, in commerce a food product for human consumption that contains tianeptine. The bill would make a violation of these provisions punishable by a civil penalty not to exceed $5,000 for a first violation and not to exceed $10,000 for each subsequent violation, upon an action brought by the Attorney General, a city attorney, a county counsel, or a district attorney.

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO

The people of the State of California do enact as follows:

SECTION 1.

Chapter 16.7 (commencing with Section 109024) is added to Part 3 of Division 104 of the Health and Safety Code, to read:

CHAPTER 16.7. Tianeptine

109024.

(a) Commencing January 1, 2027, a person or entity shall not manufacture, sell, deliver, distribute, hold, or offer for sale, in commerce a food product for human consumption that contains tianeptine.

(b) (1) Upon an action brought by the Attorney General, a city attorney, a county counsel, or a district attorney, a person or entity that violates subdivision (a) shall be liable for a civil penalty not to exceed five thousand dollars ($5,000) for a first violation, and not to exceed ten thousand dollars ($10,000) for each subsequent violation.

(2) This section does not impair or impede any other rights, causes of action, claims, or defenses available under any other law. The remedies provided in this section are cumulative with any other remedies available under any other law.