Bill Text: CA SB20 | 2011-2012 | Regular Session | Amended

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

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Bill Title: Food facilities: menu labeling.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2011-10-02 - Chaptered by Secretary of State. Chapter 415, Statutes of 2011. [SB20 Detail]

Download: California-2011-SB20-Amended.html

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BILL NUMBER: SB 20	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  AUGUST 31, 2011
	AMENDED IN ASSEMBLY  AUGUST 15, 2011
	AMENDED IN ASSEMBLY  JUNE 29, 2011
	AMENDED IN SENATE  APRIL 25, 2011

INTRODUCED BY   Senator Padilla

                        DECEMBER 6, 2010

   An act to repeal and add Section 114094 of the Health and Safety
Code, relating to food facilities.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 20, as amended, Padilla. Food facilities: menu labeling.
   Existing law, the California Retail Food Code, requires, on and
after January 1, 2011, each food facility in the state that operates
under common ownership or control with at least 19 other food
facilities with the same name in the state and that offers for sale
substantially the same menu items or that meets other specified
criteria to disclose calorie content information per standard menu
item, as specified. The State Department of Public Health administers
and local enforcement agencies enforce this code. Existing law
provides that, on and after July 1, 2009, a food facility that
violates these provisions is guilty of an infraction.
   Existing law, the Federal Food, Drug, and Cosmetic Act, requires
certain restaurants and similar retail food establishments that are
part of a chain with 20 or more locations doing business under the
same name and offering for sale substantially the same menu items to
disclose nutrient content information, as specified, and provides
that certain state and local nutrient content information
requirements that are not identical to the federal law are preempted.

   This bill would repeal the above-described state calorie content
disclosure requirements of the California Retail Food Code, and would
require a food facility that is subject to the federal disclosure
provisions for nutrient content information or was subject to the
state calorie content disclosure requirements, as specified, to
comply with these federal disclosure requirements and the regulations
adopted pursuant thereto. It would also require the department
 to administer and   or  local enforcement
agencies to enforce these provisions, as specified, and would make a
violation thereof an infraction or civil penalty. By expanding the
definition of a crime and adding new local enforcement duties, 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 with regard to certain mandates no
reimbursement is required by this act for a specified reason.
   With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.
   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.  The Legislature hereby finds and declares all of the
following:
   (a) In 2008, the Legislature enacted Section 114094 of the Health
and Safety Code to provide consumers within California with better
access to nutritional information about prepared foods sold at food
facilities with at least 20 locations with the same name in the state
so that consumers can understand the nutritional value of available
foods.
   (b) On March 23, 2010, the federal Patient Protection and
Affordable Care Act was enacted to, among other things, provide
consumers in all states with access to nutritional information about
the prepared foods sold at restaurants or similar retail food
establishments that are part of a chain with 20 or more locations
doing business under the same name.
   (c) It is the intent of the Legislature to harmonize state and
federal disclosure requirements by repealing the requirements of
Section 114094 in existence on July 1, 2011, and replacing them with
the requirements of the federal Patient Protection and Affordable
Care Act, and to provide state penalties for noncompliance with those
federal rules.
  SEC. 2.  Section 114094 of the Health and Safety Code is repealed.
  SEC. 3.  Section 114094 is added to the Health and Safety Code, to
read:
   114094.  (a) A food facility subject to Section 343(q)(5)(H) of
Title 21 of the United States Code or subject to this section as it
read on July 1, 2011, shall comply with the requirements of that
section of the United States Code and the regulations adopted
pursuant thereto.
   (b) Notwithstanding the Sherman Food, Drug, and Cosmetic Law (Part
5 (commencing with Section 109875) of Division 104), and to the
extent permitted by federal law: 
   (1) The department shall administer and the local enforcement
agency shall enforce this section to the extent that the food
facility is within the jurisdiction of the local enforcement agency
pursuant to another state law. 
   (1) Enforcement of this section shall be made pursuant to Section
113713.  
   (2) 
    (2)     (A)    A violation of
this section is, notwithstanding Section 114395, an infraction,
punishable by a fine of not less than fifty dollars ($50) nor more
than five hundred dollars ($500), to be assessed by a local
enforcement agency. A second violation within a five-year period from
a prior violation shall be punishable by a fine of not less than one
hundred dollars ($100) nor more than one thousand dollars ($1,000).
For a third or subsequent violation within a five-year period, the
fine shall be not less than two hundred fifty dollars ($250) nor more
than two thousand five hundred dollars ($2,500). A food facility
shall not be found to have committed a violation under this paragraph
more than once during an inspection visit. 
   Alternatively 
    (B)     Alternatively  , the local
enforcement agency may assess a civil penalty of an amount that is no
less than or greater than the amounts specified for fines in this
paragraph.
   (c) Except for the civil penalties authorized by this section,
this section shall not be construed to create or enhance any claim,
right of action, or civil liability that did not exist under state
law prior to January 1, 2009, or limit any claim, right of action, or
civil liability that otherwise existed under state law prior to
 January 1, 2009. To the extent that the food facility is
within the jurisdiction of the local enforcement agency pursuant to
another state law, the only enforcement mechanism of this section is
the   January 1, 2009. The only enforcement mechanism of
this section is the department or  local enforcement agency
 , as set forth in Section   113713  . 
   (d) This section shall not be implemented until the date that
compliance is required with regulations implementing Section 343(q)
(5)(H) of Title 21 of the United States Code, as specified in those
regulations.  
   (d) This section shall become operative only on and after the
compliance date specified in the federal regulation implementing
Section 343(q)(5)(H) of Title 21 of the United States Code. 
  SEC. 4.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution for
certain costs that may be incurred by a local agency or school
district because, in that regard, 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.
   However, if the Commission on State Mandates determines that this
act contains other costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division 4 of
Title 2 of the Government Code.