Bill Text: CA SB977 | 2011-2012 | Regular Session | Enrolled

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Bill Title: Sherman Food, Drug, and Cosmetic Law: nail polish.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Vetoed) 2012-09-21 - In Senate. Consideration of Governor's veto pending. [SB977 Detail]

Download: California-2011-SB977-Enrolled.html

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BILL NUMBER: SB 977	ENROLLED
	BILL TEXT

	PASSED THE SENATE  AUGUST 31, 2012
	PASSED THE ASSEMBLY  AUGUST 31, 2012
	AMENDED IN ASSEMBLY  AUGUST 31, 2012
	AMENDED IN ASSEMBLY  AUGUST 29, 2012
	AMENDED IN SENATE  AUGUST 7, 2012
	AMENDED IN SENATE  JUNE 4, 2012
	AMENDED IN SENATE  MAY 7, 2012

INTRODUCED BY   Senator Yee

                        JANUARY 23, 2012

   An act to amend Section 111825 of the Health and Safety Code,
relating to the Sherman Food, Drug, and Cosmetic Law.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 977, Yee. Sherman Food, Drug, and Cosmetic Law: nail polish.
   Existing law, the Sherman Food, Drug, and Cosmetic Law (Sherman
Law), requires the State Department of Public Health to regulate the
manufacture, sale, labeling, and advertising activities related to
food, drugs, devices, and cosmetics in conformity with the federal
Food, Drug, and Cosmetic Act. The Sherman Law prohibits the
misbranding of a cosmetic. A violation of these provisions is a crime
subject to, with specified exceptions, imprisonment for not more
than one year in the county jail or a fine of not more than $1,000,
or both imprisonment and fine.
   This bill would, with certain exceptions, increase the maximum
criminal fine for specified violations by a nail polish manufacturer
of the misbranding prohibitions of the Sherman Law to $2,000.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 111825 of the Health and Safety Code is amended
to read:
   111825.  (a) Any person who violates any provision of this part or
any regulation adopted pursuant to this part shall, if convicted, be
subject to imprisonment for not more than one year in the county
jail or a fine of not more than one thousand dollars ($1,000), or
both the imprisonment and fine.
   (b) Notwithstanding subdivision (a), any person who violates
Section 111865 by removing, selling, or disposing of an embargoed
food, drug, device, or cosmetic without the permission of an
authorized agent of the department or court shall, if convicted, be
subject to imprisonment for not more than one year in the county jail
or a fine of not more than ten thousand dollars ($10,000), or both
the fine and imprisonment.
   (c) (1) Notwithstanding subdivision (a) and except as provided in
paragraph (2), a manufacturer, as defined in Section 111791.5, of
nail polish that violates Article 3 (commencing with Section 111730)
of Chapter 7 or any regulation adopted pursuant to this article
shall, if convicted, be subject to imprisonment for not more than one
year in the county jail or a fine of not more than two thousand
dollars ($2,000), or both the imprisonment and fine.
   (2) Paragraph (1) shall not apply to a nail salon or to a
distributor, retailer, or wholesaler of nail polish.
   (d) If the violation is committed after a previous conviction
under this section that has become final, or if the violation is
committed with intent to defraud or mislead, or if the person
committed a violation of Section 110625 or 111300 that was
intentional or that was intended to cause injury, the person shall be
subject to imprisonment for not more than one year in the county
jail, imprisonment in state prison, or a fine of not more than ten
thousand dollars ($10,000), or both the imprisonment and fine.