BILL NUMBER: SB 747	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JANUARY 16, 2014
	AMENDED IN SENATE  JANUARY 6, 2014
	AMENDED IN SENATE  APRIL 23, 2013
	AMENDED IN SENATE  APRIL 15, 2013

INTRODUCED BY   Senator DeSaulnier

                        FEBRUARY 22, 2013

   An act to add Article 6 (commencing with Section 108670) to
Chapter 5 of Part 3 of Division 104 of the Health and Safety Code,
relating to public health.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 747, as amended, DeSaulnier. Public health impact assessments.
   Existing law requires the State Department of Public Health to
regulate various consumer products, including food and drugs, for the
protection of the people of the state.
   This bill, known as the Public Health Epidemic Prevention Act of
2014, would authorize the department to  submit a written
request to   request in writing that  the
manufacturer or a group of manufacturers of a contributing product,
as defined,  to  submit a written response to the
department's determination that the product is a contributing
product. The bill would require the written response to contain
specified information, including  a risk assessment 
 an analysis  of adverse public health impacts and a
mitigation plan for those impacts. The bill would authorize the
department to charge the manufacturer of the contributing product an
amount not exceeding $20,000 for the reasonable costs of reviewing
the  risk assessment   analysis  and
mitigation document.
   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) Public health for the people of the state is now, and in the
future, a matter of statewide concern.
   (b) The health and well-being of all people is a critical element
in supporting a healthy and prosperous California, including economic
sustainability, increasing workforce participation and productivity,
and slowing the ongoing rise of medical care expenditures.
   (c) California and its residents face a growing burden of largely
preventable chronic illness, including heart disease, stroke,
obesity, and diabetes.
   (d) It is the intent of the Legislature to find ways to develop
and maintain public health, prevent negative public health risks,
provide the people of the state with protection from products sold in
the state that pose significant negative health risks, and develop
mitigation strategies.
   (e) It is the intent of the Legislature to take immediate steps to
identify products sold in the state for consumer consumption that
pose a critical public health risk and coordinate any actions
necessary to prevent or mitigate those risks.
   (f) It is the intent of the Legislature to regulate products sold
in the state for consumer consumption that pose significant public
health risks and mitigate their use in order to prevent chronic
illness and improve public health.
  SEC. 2.  Article 6 (commencing with Section 108670) is added to
Chapter 5 of Part 3 of Division 104 of the Health and Safety Code, to
read:

      Article 6.  Public Health Impact Assessments


   108670.  This article shall be known, and may be cited, as the
Public Health Epidemic Prevention Act of 2014.
   108671.  For the purposes of this article, the following
definitions shall apply:
   (a) "Contributing product" means a manufactured product intended
for consumer consumption in this state for which the department has
credible evidence that use of the product significantly contributes
to a public health epidemic and that meets both of the following
criteria:
   (1) The public health epidemic to which the product contributes is
one recognized by the federal Centers for Disease Control and
Prevention, the United States Department of Health and Human
Services, the Surgeon General, or the United States Food and Drug
Administration.
   (2) The adverse impact on public health from use of the product in
this state  would have   has  a fiscal
impact of fifty million dollars ($50,000,000) or more annually on the
state public health system, including, but not limited to, public
hospitals and overall Medi-Cal expenditures.
   (b) "Credible evidence" means peer-reviewed research, data, and
studies currently available to the department.
   (c) "Department" means the State Department of Public Health.
   (d) "Manufacturer" means the manufacturer whose name appears on
the label of a product that is identified by the department as a
contributing product.
   108672.  If the department determines that a product is a
contributing product, then the department may submit a written
request to the contributing product's largest manufacturers,
representing 80 percent of the costs identified in paragraph (2) of
subdivision (a) of Section 108671 and that do business in the state,
to submit a written response to the department's determination that
the product is a contributing product. The written response shall
include, but not be limited to, all of the following: 
   (1) 
    (a)  A written  risk assessment 
analysis that identifies the public health impacts resulting from the
sale of the product in this state.
   (b) A list of mitigation strategies sufficient to reasonably
reduce adverse public health impacts identified in the  risk
assessment   analysis  .
   108673.  The department may enact all regulations necessary to
implement this article pursuant to the Administrative Procedure Act
(Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2 of the Government Code).
   108674.  The department may charge the manufacturer of the
contributing product an amount not exceeding twenty thousand dollars
($20,000) for the reasonable costs of reviewing the  risk
assessment   analysis and mitigation document
submitted pursuant to Section 108672. Fees collected pursuant to this
subdivision shall be placed in the Public Health Fund, which is
hereby established in the State Treasury and which may be used by the
department, upon appropriation by the Legislature, for the
implementation of this article.
   108675.   (a)    Notwithstanding subdivision (c)
of Section 25257.1, the requirements of this article shall not be
interpreted to affect any authority of the Department of Toxic
Substances Control pursuant to Article 14 (commencing with Section
25251) of Chapter 6.5 of Division 20. 
   (b) This article does not limit, and shall not be construed to
limit, the department's or any other department's or agency's
existing authority over consumer product regulation.  
   (c) This article does not authorize the department to supersede
the regulatory authority of any other department or agency. 

   (d) The department shall not duplicate or adopt conflicting
regulations for product categories already regulated or subject to
pending regulation consistent with the purposes of this article.