BILL NUMBER: SB 1585 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY AUGUST 23, 2004
AMENDED IN ASSEMBLY JULY 12, 2004
AMENDED IN SENATE MAY 24, 2004
AMENDED IN SENATE APRIL 20, 2004
AMENDED IN SENATE MARCH 25, 2004
INTRODUCED BY Senators Speier and Machado
FEBRUARY 19, 2004
An act to add Article 6.5 (commencing with Section 110806) to
Chapter 5 of Part 5 of Division 104 of the Health and Safety Code,
relating to food safety.
LEGISLATIVE COUNSEL'S DIGEST
SB 1585, as amended, Speier. Food safety.
The existing Sherman Food, Drug, and Cosmetic Law establishes
requirements for the identification and branding of food, and
provides for the administration of those requirements by the Food and
Drug Branch of the State Department of Health Services, and, upon
request of local agencies, for the administration of certain
requirements by local health officers. Violation of this law is a
crime.
This bill would require a beef meat
or poultry supplier, distributor, broker, or processor
that sells a meat- or poultry-related product in California that is
subject to a voluntary recall requested or issued by the United
States Department of Agriculture (USDA) to immediately notify the
State Department of Health Services and to provide the department
with a list of retailers that have received or will receive any
product subject to recall that the supplier, distributor,
broker, or processor has handled or anticipates handling.
The bill would authorize the department to notify appropriate
local health officers and environmental health directors that a
supplier, distributor, broker, processor, or retailer in
the local jurisdiction has handled or received, or anticipates
handling or receiving, a meat- or poultry-related product that is
subject to a voluntary recall requested or issued by the USDA.
If the department makes that notification, the bill would require
the department, local health officers, and environmental health
directors to notify the public regarding recalled meat- and
poultry-related products, except that, in the case of a restaurant,
the bill would prohibit the department, local health officers, and
environmental health directors from providing public notification if
the local health officers or environmental health directors determine
that the recalled product has been removed from the restaurant site.
The bill would prohibit both notifications from being made in the
case of USDA Class III recalls. By creating additional duties for
local government, this bill would impose a state-mandated local
program.
By creating new crimes, this bill would impose a state-mandated
local program.
The bill would require the department to submit to the Legislature
for review, by January 1, 2005, copies of all memoranda of
understanding pertaining to meat- and poultry-related products.
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, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
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. It is the intent of the Legislature that this act shall
apply only to voluntary recalls requested or issued by the United
States Department of Agriculture.
SEC. 2. Article 6.5 (commencing with Section 110806) is added to
Chapter 5 of Part 5 of Division 104 of the Health and Safety Code, to
read:
Article 6.5. Recalled Food
110806. (a) A beef meat or poultry
supplier, distributor, broker, or processor that sells a
meat- or poultry-related product in California that is subject to a
voluntary recall requested or issued by the United States Department
of Agriculture shall immediately notify the State Department of
Health Services and shall provide the department with a list of
retailers that have received or will receive any product subject to
recall that the supplier, distributor, broker, or
processor has handled or anticipates handling. The list shall
include all pertinent identifying codes, including establishment
numbers, package codes, product codes, pack dates, and lot numbers,
if any, received or to be received, and any other relevant
information.
(b) The department may, after receiving the information required
by subdivision (a), notify appropriate local health officers and
environmental health directors, as soon as practicable, that a
supplier, distributor, broker, processor, or retailer in
the local jurisdiction has handled or received, or anticipates
handling or receiving, a meat- or poultry-related product that is
subject to a voluntary recall requested or issued by the United
States Department of Agriculture. The department shall, if it makes
the notification authorized by this subdivision, provide appropriate
local health officers and environmental health directors with each
supplier's, distributor's, broker's processor's, or
retailer's name, address, contact information, affected product
identifying codes, including establishment numbers, package codes,
product codes, pack dates, and lot numbers, if any, and all other
supply chain information available. The department shall not provide
the notification authorized in this subdivision for a United States
Department of Agriculture Class III recall.
(c) (1) Except as provided in paragraph (2), if the department
makes the notification authorized by subdivision (b), the department,
local health officers, and environmental health directors shall
notify the public in a manner local health officers, in consultation
with the department and environmental health directors, deem
appropriate regarding recalled meat- and poultry-related products
based on their determination that the retailer is present within the
local jurisdiction and has received or made the product available to
the public. The department, local health officers, and environmental
health directors shall not provide this notification for a United
States Department of Agriculture Class III recall.
(2) In the case of a restaurant, if the local health officers or
environmental health directors determine that the recalled meat- or
poultry-related product has been removed from the restaurant site,
the department, local health officers, and environmental health
directors shall not provide the notification required by paragraph
(1).
(d) The department shall submit to the Legislature for review, by
January 1, 2005, copies of all memoranda of understanding pertaining
to meat-and poultry-related products.
SEC. 3. 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, notwithstanding Section 17610 of the Government Code, 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. If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.
