Bill Text: CA ABX214 | 2015-2016 | Regular Session | Introduced

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Bill Title: Food labeling: wastewater from oil and gas field activities.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2016-03-15 - Died at Desk. [ABX214 Detail]

Download: California-2015-ABX214-Introduced.html

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BILL NUMBER: ABX2 14	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Gatto

                        AUGUST 17, 2015

   An act to add Article 5 (commencing with Section 110424.5) to
Chapter 4 of Part 5 of Division 104 of the Health and Safety Code,
relating to food labeling.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 14, as introduced, Gatto. Food labeling: wastewater from oil
and gas field activities.
   Existing federal law, the Federal Food, Drug, and Cosmetic Act,
regulates, among other things, the labeling of foods introduced or
delivered for introduction into interstate commerce and generally
prohibits the misbranding of food. Existing state law, the Sherman
Food, Drug, and Cosmetic Law, generally regulates misbranded food,
which includes food that is not properly labeled. A violation of
these provisions is a crime.
   This bill, with a specified exemption, would require a
manufacturer who produces packaged food that contains a plant
irrigated with wastewater from oil and gas field activities that
contains well stimulation treatment additives and fluids or a retail
facility that sells a raw agricultural commodity that was irrigated
with wastewater from oil and gas field activities that contains well
stimulation treatment additives and fluids to label those products in
a specified manner. The bill would also require a farmer, producer,
or supplier who knows that the product he or she is selling to a
manufacturer or retailer was made with, or consists of, plants
irrigated with wastewater to disclose that fact to the manufacturer
or retailer. By creating a new 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.  Article 5 (commencing with Section 110424.5) is added
to Chapter 4 of Part 5 of Division 104 of the Health and Safety Code,
to read:

      Article 5.  Products Irrigated With Oil and Gas Field
Wastewater


   110424.5.  (a) A manufacturer who produces packaged food that
contains a plant irrigated with wastewater shall place a label on the
package that states the following:

   "This product was produced using plants irrigated with recycled or
treated hydraulic fracturing or oilfield wastewater."

   (b) A retail facility that sells a raw agricultural commodity that
was irrigated with wastewater shall place a clear and conspicuous
label on the retail store shelf or bin in which that commodity is
displayed for sale that states the following:

   "Grown using recycled or treated hydraulic fracturing or oilfield
wastewater."

   (c) For purposes of this article, "wastewater" means wastewater
from oil and gas field activities that contains well stimulation
treatment additives and fluids.
   110424.6.  A farmer, producer, or supplier who knows that the
product he or she is selling to a manufacturer or retailer was made
with, or consists of, plants irrigated with wastewater shall disclose
that fact to the manufacturer or retailer.
   110424.7.  A manufacturer or retailer who, in good faith, sells,
offers for sale, labels, or advertises a product in reliance on the
representations of the farmer, producer, or supplier that the product
was not produced with plants irrigated with wastewater, shall not
have violated Section 110424.5 unless the manufacturer or retailer
knew, or should have known, that those representations were false.
  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.