Bill Text: CA AB660 | 2023-2024 | Regular Session | Amended
Bill Title: Food and beverage products: labeling: quality dates, safety dates, and sell-by dates.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Engrossed) 2024-07-01 - In committee: Referred to suspense file. [AB660 Detail]
Download: California-2023-AB660-Amended.html
Amended
IN
Senate
August 17, 2023 |
Amended
IN
Senate
June 26, 2023 |
Amended
IN
Assembly
May 18, 2023 |
Amended
IN
Assembly
May 01, 2023 |
Amended
IN
Assembly
April 10, 2023 |
Introduced by Assembly Member Irwin (Coauthor: Senator Rubio) |
February 09, 2023 |
LEGISLATIVE COUNSEL'S DIGEST
(2)Under existing law, except as provided, it is unlawful for an egg handler to sell, offer for sale, or
expose for sale certain eggs that are packed for human consumption unless each container intended for sale to the ultimate consumer is labeled with certain information, including, among other information, the words “sell by” immediately followed by the month and day in bold type, as specified.
This bill would retain that “sell by” requirement before January 1, 2025. The bill would, on and after January 1, 2025, instead require each container to be labeled with, among other information, specified terms to communicate quality dates and safety dates, as provided.
Under existing law, if on reinspection certain eggs fail to meet the specification of the grades with which they are labeled, the seller must remark or repackage the eggs to meet the specifications for their actual grades before calling for reinspection. Existing law requires repackaged eggs to be labeled with the original sell by date.
This bill would retain that labeling requirement before January 1, 2025, and, on and after January 1, 2025, would instead require specified terms to communicate quality dates and safety dates, as provided.
Existing law provides a misdemeanor penalty for an intentional violation or a 2nd or subsequent violation of these egg-related provisions. Existing law also requires agricultural commissioners of each county, their deputies, and qualified inspectors, under the supervision and control of the Secretary of Food and Agriculture, to enforce these egg-related provisions.
By revising the standards that are enforced and by expanding the scope of a crime, this bill would constitute a state-mandated local program.
(3)
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
(a)Except as provided in subdivision (c), it is unlawful for an egg handler, as defined in Section 27510, to sell, offer for sale, or expose for sale eggs that are packed or graded for human consumption unless at least one of the following conditions is met:
(1)The consumer container is plainly, legibly, and conspicuously labeled “KEEP REFRIGERATED” or with words of similar meaning. Consumer container labeling that complies with the safe-handling instructions required by Section 101.17 of Title 21 of the Code of Federal Regulations shall be deemed to comply with this paragraph.
(2)A conspicuous sign is posted at the point of sale
for eggs on bulk display advising consumers that the eggs are to be refrigerated as soon as practical after purchase.
(b)Except as provided in subdivision (c), it is unlawful for an egg handler to sell, offer for sale, or expose for sale in the state eggs that are packed for human consumption unless each container intended for sale to the ultimate consumer is labeled on one outside top, side, or end with all of the following:
(1)(A)Before January 1, 2025, the words “Sell-by” immediately followed by the month and day in bold type, for example “June 30” or “6-30.” Common abbreviations of months shall be permitted.
(B)The sell-by date shall not exceed 30 days from the date on which the
eggs were packed, excluding the date of packing.
(C)If the eggs are repacked but not regraded, the original sell-by date shall apply.
(2)On and after January 1, 2025, a label consistent with subdivision (a) of Section 82001.
(3)A Julian pack date. As used in this paragraph, the Julian pack date is the consecutive day of the year on which the eggs were packed.
(4)The identification number of the plant of origin.
(c)This section does not apply to eggs that are packaged for export. Paragraphs (1) and (2) of subdivision (b) do not apply to eggs that are packaged for interstate commerce or eggs that are packaged
for military sales. This section does not apply to pasteurized in-shell eggs.
(d)All eggs returned from grocery stores, store warehouses, and institutions shall not be reprocessed for retail shell egg sales.
(e)(1)For purposes of paragraph (4) of subdivision (b), the department, in consultation with the Shell Egg Advisory Committee, shall establish a plant identification numbering system and assign identification numbers to all egg handling facilities.
(2)For purposes of complying with paragraph (4) of subdivision (b), an egg handling facility that is inspected by the United States Department of Agriculture, and to which a federal plant identification number has been assigned, may use the federal identification
number, the identification number assigned by the department, or both.
(a)It is unlawful for an egg handler, as defined in Section 27510, to sell, offer for sale, or expose for sale pasteurized in-shell eggs that are packed for human consumption unless both of the following conditions are met:
(1)The consumer container is conspicuously labeled “KEEP REFRIGERATED” or with words of similar meaning. Consumer container labeling that complies with the safe handling instructions required by Section 101.17 of Title 21 of the Code of Federal Regulations shall be deemed to comply with this paragraph.
(2)A conspicuous sign is posted at the point of sale for pasteurized in-shell eggs on bulk
display advising consumers that the pasteurized in-shell eggs are to be refrigerated as soon as practical after purchase.
(b)Except as provided in subdivision (c), it is unlawful for an egg handler to sell, offer for sale, or expose for sale in the state pasteurized in-shell eggs that are packed for human consumption unless each container intended for sale to the ultimate consumer is labeled on one outside top, side, or end with all of the following:
(1)Before January 1, 2025, the words “Sell by” immediately followed by the month and day in bold type. Common abbreviations for months may be used.
(A)The sell-by date shall not exceed 75 days from the date on which the pasteurized in-shell eggs were pasteurized, excluding the
date of pasteurization. Processors of in-shell eggs that subject the eggs to the pasteurization process shall establish a sell-by date by completion of an appropriate shelf stability study that includes public health and safety criteria. The processor shall retain the study on file at the processing plant and make it available to the department or the State Department of Public Health upon request.
(B)If the pasteurized in-shell eggs are repacked, the original sell-by date shall apply.
(2)On and after January 1, 2025, a label consistent with subdivision (a) of Section 82001.
(3)A Julian pack date. As used in this paragraph, the Julian pack date is the consecutive day of the year on which the pasteurized in-shell eggs
were pasteurized.
(4)The identification number of the plant of origin.
(5)A conspicuous identification of the eggs as “pasteurized.”
(6)All state and federal labeling requirements.
(c)This section does not apply to pasteurized in-shell eggs that are packaged for export.
(d)Paragraphs (1) and (2) of subdivision (b) do not apply to pasteurized in-shell eggs that are packaged for interstate commerce or pasteurized in-shell eggs that are packaged for military sales if exported to a state or federal agency that requires a different format for the sell-by or best-if-used-by date on pasteurized in-shell eggs,
and the processor is using that format.
(e)All pasteurized in-shell eggs returned from grocery stores, store warehouses, and institutions shall not be reprocessed for any retail in-shell egg sales.
(f)(1) The department, in consultation with the Shell Egg Advisory Committee, established pursuant Section 27571, shall establish a plant identification numbering system and assign identification numbers to all pasteurized in-shell egg handling
facilities.
(2)For purposes of complying with paragraph (4) of subdivision (b), a pasteurized in-shell egg handling facility that is inspected by the United States Department of Agriculture or the federal Food and Drug Administration, and to which a federal plant identification number has been assigned, may use the federal identification number, the identification number assigned by the department, or both.
(a)If the department determines that eggs are not in compliance with this chapter or that they have been shipped without the handler or producer first securing the required registration and being current on the payment of the appropriate fees, the department shall issue and enforce an order to stop the sale of the eggs.
(b)A person may not sell eggs on which a stop-sale order has been issued until the department determines that the eggs and the handler or producer are in compliance with this chapter. Eggs that are in compliance with this chapter, but for which the handler or producer have not secured the required registration and paid the appropriate
fees, may only be sold or moved under the specific direction of the secretary.
(c)With respect to eggs that are not in compliance with this chapter and on which a stop-sale order has been issued, the seller may submit the eggs for reinspection to an authorized state or county enforcement officer. If on reinspection the eggs fail to meet the specification of the grades with which they are labeled, the seller shall remark or repackage the eggs to meet the specifications for their actual grades before calling for reinspection. Repackaged eggs shall, before January 1, 2025, be labeled with the original sell by date, and, on and after January 1, 2025, shall be labeled consistent with subdivision (a) of Section 82001.