BILL NUMBER: SB 203 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 6, 2015
INTRODUCED BY Senator Monning
(Coauthors: Senators Hancock, Leno, Mitchell, Pan, and
Pavley)
(Coauthors: Assembly Members Chiu, McCarty, Williams,
and Wood)
FEBRUARY 11, 2015
An act to add Article 15 (commencing with Section 111224) to
Chapter 5 of Part 5 of Division 104 of the Health and Safety Code,
relating to public health.
LEGISLATIVE COUNSEL'S DIGEST
SB 203, as amended, Monning. Sugar-sweetened beverages: safety
warnings.
(1) Existing federal law, the federal
Federal Food, Drug, and Cosmetic Act, regulates, among other
things, the quality and packaging of foods introduced or delivered
for introduction into interstate commerce and generally prohibits the
misbranding of food. Existing federal law, the Nutrition Labeling
and Education Act of 1990, governs state and local labeling
requirements, including those that characterize the relationship of
any nutrient specified in the labeling of food to a disease or
health-related condition. Existing state law, the Sherman Food, Drug,
and Cosmetic Law, generally regulates misbranded food and provides
that any food is misbranded if its labeling does not conform with the
requirements for nutrient content or health claims as set forth in
the federal Federal Food, Drug, and
Cosmetic Act and the regulations adopted pursuant to that federal
act. Existing law requires that a food facility, as defined, make
prescribed disclosures and warnings to consumers, as specified. A
violation of these provisions is a crime.
Existing state law, the Pupil Nutrition, Health, and Achievement
Act of 2001, also requires the sale of only certain beverages to
pupils at schools. The beverages that may be sold include fruit-based
and vegetable-based drinks, drinking water with no added sweetener,
milk, and in middle and high schools, an electrolyte replacement
beverage if those beverages meet certain nutritional requirements.
This bill would establish the Sugar-Sweetened Beverages Safety
Warning Act, which would prohibit a person from distributing,
selling, or offering for sale a sugar-sweetened beverage in a sealed
beverage container, or a multipack of sugar-sweetened beverages, in
this state unless the beverage container or multipack bears a safety
warning, as prescribed. The bill also would require every person who
owns, leases, or otherwise legally controls the premises where a
vending machine or beverage dispensing machine is located, or where a
sugar-sweetened beverage is sold in an unsealed container to place a
specified safety warning in certain locations, including on the
exterior of any vending machine that includes a sugar-sweetened
beverage for sale.
(2) Under existing law, the State Department of Public Health,
upon the request of a health officer, as defined, may authorize the
local health department of a city, county, city and county, or local
health district to enforce the provisions of the Sherman Food, Drug,
and Cosmetic Law. Existing law authorizes the State Department of
Public Health to assess a civil penalty against any person in an
amount not to exceed $1,000 per day, except as specified. Existing
law authorizes the Attorney General or any district attorney, on
behalf of the State Department of Public Health, to bring an action
in a superior court to grant a temporary or permanent injunction
restraining a person from violating any provision of the Sherman
Food, Drug, and Cosmetic Law.
This bill, commencing July 1, 2016, would provide that any
violation of the provisions described in (1) above, or regulations
adopted pursuant to those provisions, is punishable by a civil
penalty of not less than $50, but no greater than $500.
This bill would also create the Sugar-Sweetened Beverages Safety
Warning Fund for the receipt of all moneys collected for violations
of those provisions. The bill would allocate moneys in this fund,
upon appropriation by the Legislature, to the department for the
purpose of enforcing those provisions.
The bill would make legislative findings and declarations relating
to the consumption of sugar-sweetened beverages, obesity, and dental
disease.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all of the
following:
(a) Over the past 30 years, adult diabetes rates have nearly
tripled in the United States. Currently, one in 9
percent of adults in the United States has
have diabetes and more than one-third have
prediabetes. In California, an estimated 14 percent of
adults have diabetes. Over the past 10 years, the percentage of teens
nationwide that have diabetes or prediabetes has increased from 9
percent to 23 percent. One in three children born today, including
one-half of African American and Latino children, is expected to
develop diabetes in their lifetime. Complications of diabetes include
heart disease, nerve damage, gum infections, kidney disease, hearing
impairment, blindness, amputation of toes, feet, or legs, and
increased risk of Alzheimer's disease.
(b) Diabetes costs the state at least $24.5 billion each year in
total health care expenses and lost productivity. Average medical
expenditures for people with diabetes are 2.3 times higher than for
those without diabetes. One in three California hospital stays is for
people with diabetes. Hospital stays for patients with diabetes,
regardless of the primary diagnosis, cost $2,200 more than other
patients, which adds an extra $1.6 billion each year to California's
hospitalization costs, including $254 million in Medi-Cal costs
alone.
(c) The prevalence of obesity in the United States has increased
dramatically over the past 30 years. In California, 60 percent of
adults are overweight or obese and adult obesity rates have nearly
tripled increasing from 8.9 percent in 1984 to 25.0 percent in 2012,
and if current trends continue, the rate is expected to increase to
46.6 percent in 2030. Nearly 40 percent of California children are
currently overweight or obese and obesity rates have tripled for
adolescents and quadrupled for 6 to 11 year olds. Although no group
has escaped the epidemic, low income and communities of color are
disproportionately affected.
(d) The obesity epidemic is of particular concern because obesity
increases the risk of diabetes, heart disease, arthritis, asthma, and
certain types of cancer. Depending on their level of obesity, from
60 percent to over 80 percent of obese adults currently suffer from
type 2 diabetes, high blood cholesterol, high blood pressure, or
other related conditions.
(e) The medical costs for people who are obese are dramatically
higher than those of normal weight. Overweight and obesity account
for $147 billion in health care costs nationally, or 9 percent of all
medical spending, with one-half of these costs paid publicly through
the Medicare and Medicaid programs.
(f) There is overwhelming evidence of the link between obesity and
the consumption of sweetened beverages, such as soft drinks, energy
drinks, sweet teas, and sports drinks. The 2010 Dietary Guidelines
for Americans recommend that everyone reduce their intake of
sugar-sweetened beverages. California adults who drink one soda or
more per day are 27 percent more likely to be overweight or obese,
regardless of income or ethnicity.
(g) According to nutrition experts, sweetened beverages, such as
soft drinks, energy drinks, sweet teas, and sports drinks, offer
little or no nutritional value, but massive quantities of added
sugars. A 20-ounce bottle of soda contains the equivalent of
approximately 17 teaspoons of sugar. Yet, the American Heart
Association recommends that Americans consume no more than five to
nine teaspoons of sugar per day.
(h) Sugar-sweetened beverages are the single largest source of
added sugars in the American diet, with the average American drinking
nearly 42 gallons of sweetened beverages a year, the equivalent of
39 pounds of extra sugar every year. Over 50 percent of the United
States population drinks one or more sugar-sweetened beverages per
day.
(i) In California, 19 percent of two to five year olds drink a
sugar-sweetened beverage each day. That number climbs to 32 percent
among 6 to 11 year olds, and 65 percent among 12 to 17 year olds.
Additionally, major disparities now exist between races and
ethnicities. Seventy-four percent of African American adolescents
drink at least one sugar-sweetened beverage each day, compared to 73
percent of Latinos, 63 percent of Asians, and 56 percent of whites.
(j) Sugar-sweetened beverages are a unique contributor to excess
caloric consumption. Research shows that calories from
sugar-sweetened beverages do not satisfy hunger the way calories from
solid food or fat or protein-containing beverages, such as those
containing milk and plant-based proteins, do. As a result,
sugar-sweetened beverages tend to add to the calories people consume
rather than replace them. Drinking one or two sodas a day increases
the risk of developing type 2 diabetes by 26 percent. Drinking just
one soda a day increases an adult's likelihood of being overweight by
27 percent, and for children the likelihood doubles to 55 percent.
(k) Consistent evidence shows a positive relationship between
sugar intake and dental caries (cavities) in adults and fewer caries
when sugar intake is restricted. Children who frequently consume
beverages high in sugar are at an increased risk for dental caries.
Untreated dental caries can lead to pain, infection, tooth loss, and
in severe cases, death.
(l) Evidence suggests that health warnings can increase knowledge
and reduce consumption of harmful products. Studies show that
prominent health warnings on the face of cigarette packages can
increase health knowledge, perceptions of risk, and can promote
smoking cessation of both youth and adults.
SEC. 2. Article 15 (commencing with Section 111224) is added to
Chapter 5 of Part 5 of Division 104 of the Health and Safety Code, to
read:
Article 15. Sugar-Sweetened Beverages Safety Warning Act
111224. This article shall be known and may be cited as the
Sugar-Sweetened Beverages Safety Warning Act.
111224.05. It is the intent of the Legislature, by enacting this
article, to protect consumers and to promote informed purchasing
decisions by requiring a warning about the harmful health effects
that result from the consumption of drinks with added sugars.
111224.10. For purposes of this article, unless the context
clearly requires otherwise, the following definitions shall apply:
(a) "Animal milk" means natural liquid milk, which is secreted by
an animal and consumed by humans. For purposes of this definition,
"animal milk" includes natural milk concentrate and dehydrated
natural milk, whether or not reconstituted.
(b) "Beverage container" means any sealed or unsealed container
regardless of size or shape, including, without limitation, those
made of glass, metal, paper, plastic, or any other material or
combination of materials that is used or intended to be used to hold
a sugar-sweetened beverage for individual sale to a consumer.
(c) "Beverage dispensing machine" means any device that mixes
concentrate with any one or more other ingredients and dispenses the
resulting mixture into an unsealed container as a ready-to-drink
beverage.
(d) "Caloric sweetener" means any substance containing calories,
suitable for human consumption, that humans perceive as sweet and
includes, without limitation, sucrose, fructose, glucose, and other
sugars and fruit juice concentrates. "Caloric" means a substance that
adds calories to the diet of a person who consumes that substance.
(e) "Concentrate" means a syrup or powder that is used or intended
to be used for mixing, compounding, or making a sugar-sweetened
beverage.
(f) "Consumer" means a person who purchases a sugar-sweetened
beverage for a purpose other than resale in the ordinary course of
business.
(g) "Department" means the State Department of Public Health, and
any agency or person lawfully designated by the department to enforce
or implement this article pursuant to Section 111020.
(h) "Distribute" means to sell or otherwise provide a product to
any person for resale in the ordinary course of business to a
consumer within this state.
(i) "Milk substitute" means a plant-based beverage in which the
principal ingredients by weight are (1) water and (2) grains, nuts,
legumes, or seeds. For purposes of this definition, "milk substitute"
includes, without limitation, almond milk, coconut milk, flax milk,
hazelnut milk, oat milk, rice milk, and soy milk.
(j) "Natural fruit juice" means the original liquid resulting from
the pressing of fruit, the liquid resulting from the reconstitution
of natural fruit juice concentrate, or the liquid resulting from the
restoration of water to dehydrated natural fruit juice.
(k) "Natural vegetable juice" means the original liquid resulting
from the pressing of vegetables, the liquid resulting from the
reconstitution of natural vegetable juice concentrate, or the liquid
resulting from the restoration of water to dehydrated natural
vegetable juice.
(l) "Person" means any natural person, partnership, cooperative
association, limited liability company, corporation, personal
representative, receiver, trustee, assignee, any other legal entity,
any city, county, city and county, district, commission, the state,
or any department, agency, or political subdivision thereof, any
interstate body, and, to the extent permitted by federal law, the
United States and its agencies and instrumentalities.
(m) "Powder" means a solid mixture with added caloric sweetener
used in making, mixing, or compounding a sugar-sweetened beverage by
mixing the powder with any one or more other ingredients, including,
without limitation, water, ice, syrup, simple syrup, fruits,
vegetables, fruit juice, or carbonation or other gas.
(n) "Sale" or "sell" means any distribution or transfer for a
business purpose, whether or not consideration is received.
(o) "Sealed beverage container" means a beverage container holding
a beverage that is closed or sealed before being offered for sale to
a consumer.
(p) (1) "Sugar-sweetened beverage" means any sweetened
nonalcoholic beverage, carbonated or noncarbonated, sold
intended for human consumption that has added
caloric sweeteners and contains 75 calories or more per 12 fluid
ounces. "Nonalcoholic beverage" means any beverage that contains less
than one-half of 1 percent alcohol per volume.
(2) "Sugar-sweetened beverage" does not include any of the
following:
(A) Any beverage containing 100 percent natural fruit juice or
natural vegetable juice with no added caloric sweeteners.
(B) Any liquid product manufactured for any of
the following uses and commonly referred to as a "dietary aid":
(i) An oral nutritional therapy for persons who cannot absorb or
metabolize dietary nutrients from food or beverages.
(ii) A source of necessary nutrition used as a result of a medical
condition.
(iii) An oral electrolyte solution for infants and children
formulated to prevent dehydration due to illness.
(C) Any product for consumption by infants and that is commonly
referred to as "infant formula."
(D) Any beverage whose principal ingredient by weight is animal
milk or a milk substitute.
(q) "Syrup" means a liquid mixture with added caloric sweetener
used in making, mixing, or compounding a sugar-sweetened beverage by
mixing the syrup with any one or more other ingredients, including,
without limitation, water, ice, powder, simple syrup, fruits,
vegetables, fruit juice, vegetable juice, or carbonation or other
gas.
(r) "Unsealed beverage container" means a beverage container into
which a beverage is dispensed or poured at the business premises
where the beverage is purchased, including, without limitation, a
container for fountain drinks.
111224.15. (a) A person shall not distribute, sell, or offer for
sale a sugar-sweetened beverage in a sealed beverage container in
this state unless the container bears the following safety warning
and otherwise meets all of the requirements under this section:
"STATE OF CALIFORNIA SAFETY WARNING: Drinking beverages with added
sugar(s) contributes to obesity, diabetes, and tooth decay."
(b) (1) The safety warning required by subdivision (a) shall be
prominently displayed and readily legible under ordinary conditions
on the front of the sealed beverage container, separate and apart
from all other information, and shall be on a contrasting background.
The first five words of the safety warning required under
subdivision (a), "STATE OF CALIFORNIA SAFETY WARNING" shall appear in
capital letters. The entire safety warning shall appear in bold
type.
(2) The safety warning required under subdivision (a) shall appear
in a font type size and in a maximum
number of characters (i.e., letters, numbers, and marks) per inch, as
follows:
(A) For beverage containers of 8 fluid ounces or less, the safety
warning shall be in script, type, or printing not smaller than 1
millimeter, and there shall be no more than 40 characters per linear
inch.
(B) For beverage containers of more than 8 fluid ounces and less
than 1 liter, the safety warning shall be in script, type, or
printing not smaller than 2 millimeters, and there shall be no more
than 25 characters per linear inch.
(C) For beverage containers of 1 liter or more, the safety warning
shall be in script, type, or printing not smaller than 3
millimeters, and there shall be no more than 12 characters per linear
inch.
(c) If the safety warning required under subdivision (a) is not
printed directly on the beverage container, the safety warning shall
be affixed to the beverage container in such a manner that it cannot
be removed without thorough application of water or other solvents.
(d) A person shall not distribute, sell, or offer for sale a
multipack of sugar-sweetened beverages in sealed beverage containers
in this state unless the multipack of beverages bears the safety
warning required under subdivision (a). The safety warning shall be
posted conspicuously on at least two sides of the multipack, in
addition to being posted on each individual sealed beverage
container.
(e) A person shall not distribute, sell, or offer for sale a
concentrate in this state unless the packaging of the concentrate,
which is intended for retail sale, bears the safety warning required
under subdivision (a). The safety warning shall be posted
conspicuously on the front of the packaging of the concentrate.
111224.20. (a) Every person who owns, leases, or otherwise
legally controls the premises where a vending machine or beverage
dispensing machine is located, or where a sugar-sweetened beverage is
sold in an unsealed beverage container, shall place, or cause to be
placed, a safety warning in each of the following locations:
(1) On the exterior of any vending machine that includes a
sugar-sweetened beverage for sale.
(2) On the exterior of any beverage dispensing machine used by a
consumer to dispense a sugar-sweetened beverage through self-service.
(3) At the point-of-purchase where any consumer purchases a
sugar-sweetened beverage in an unsealed beverage container, when the
unsealed beverage container is filled by an employee of a food
establishment rather than the consumer.
(b) The safety warning required by subdivision (a) shall contain
the following language:
"STATE OF CALIFORNIA SAFETY WARNING: Drinking beverages with added
sugar(s) contributes to obesity, diabetes, and tooth decay."
(c) The safety warning required by subdivision (a) shall be
prominently displayed and readily legible under ordinary conditions,
separate and apart from all other information, and shall be on a
contrasting background. The first five words of the safety warning in
subdivision (b), "STATE OF CALIFORNIA SAFETY WARNING" shall appear
in capital letters. The entire safety warning shall appear in bold
type.
111224.30. (a) Notwithstanding Section 111825, subdivision (b) of
Section 111855, or any other law, commencing July 1, 2016, any
violation of this article, or a regulation adopted pursuant to this
article, is punishable by a civil penalty of not less than fifty
dollars ($50), but no greater than five hundred dollars ($500). The
department may assess the civil penalty according to the procedures
set forth in Section 111855. A person shall not be found to violate
this article more than once during any one inspection visit.
(b) There is hereby created in the State Treasury the
Sugar-Sweetened Beverages Safety Warning Fund. The fund shall consist
of moneys collected for the violation of this article. The
department shall remit to the Treasurer any civil penalties collected
pursuant to subdivision (a) on a biannual basis, no later than March
15 and September 15 of each year. Notwithstanding any other law,
moneys in the fund, upon appropriation by the Legislature, shall be
allocated to the department for the purpose of enforcing this
article.
111224.35. Notwithstanding Section 111224.15 or 111224.20, if,
after appropriate investigation and consultation with the state
health officer, the department finds that available scientific
information would justify a change in the language of the safety
warnings set forth in Sections 111224.15 and 111224.20, the
department may adopt regulations to develop new language for the
safety warning and may require that the alternative language be
adopted in lieu of the language set forth in Sections 111224.15 and
111224.20.
111224.40. It is the intent of the Legislature that nothing in
this article shall be construed to preempt or prohibit the adoption
and implementation of local ordinances related to sugar-sweetened
beverages, except any local ordinance that is inconsistent with this
article. An ordinance is not deemed inconsistent with this article if
it affords greater protection than the requirements set forth in
this article.
SEC. 3. The provisions of this act are severable. If any provision
of this act or its application is held invalid, that invalidity
shall not affect other provisions or applications that can be given
effect without the invalid provision or application.