Bill Text: CA SB1138 | 2013-2014 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Fish and shellfish: labeling and identification.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Vetoed) 2014-09-30 - In Senate. Consideration of Governor's veto pending. [SB1138 Detail]

Download: California-2013-SB1138-Introduced.html

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BILL NUMBER: SB 1138	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Padilla

                        FEBRUARY 20, 2014

   An act to add Section 110796 to the Health and Safety Code,
relating to fish and shellfish.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1138, as introduced, Padilla. Fish and shellfish: labeling.
   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 would require any label of fresh, frozen, or processed
fish or shellfish, wild or farm raised, offered for sale at wholesale
or retail to clearly identify the species of fish or shellfish by
its common name, as specified. 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.  Section 110796 is added to the Health and Safety Code,
to read:
   110796.  (a) Any label of fresh, frozen, or processed fish or
shellfish, wild or farm raised, offered for sale at wholesale or
retail shall clearly identify the species of fish or shellfish by its
common name. If the common name for a species of fish or other
seafood is not defined by the department pursuant to Section 110795,
for purposes of this subdivision, the "common name" means the common
name or market name for any seafood species identified in the Seafood
List issued by the federal Food and Drug Administration.
   (b) For purposes of this section, "processed" means food fish or
shellfish processed by heat for human consumption, such as food fish
or shellfish that is kippered, smoked, boiled, canned, cleaned,
portioned, or prepared for sale or attempted sale for human
consumption.
   (c) It is unlawful and constitutes misbranding for any person to
knowingly sell or offer for sale any fish or shellfish that is
labeled in violation of this section.
  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.