AB 1512 - An Act to Add Chapter 3.5 (Commencing with Section 110286) to Part 5 of Division 104 of the Health and Safety Code, Relating to Food and Drug Safety.

Food and drugs: sale. 2009-2010 Legislature. View bill details
Author(s):
Summary:
Existing law, the Sherman Food, Drug, and Cosmetic Law, contains various provisions regarding the contents, packaging, labeling, and advertising of food, drugs, and cosmetics. A violation of any of these provisions is punishable as a misdemeanor.

This bill would prohibit a retailer from selling or permitting to be sold after the “use by” date infant formula, as defined, or baby… More
Existing law, the Sherman Food, Drug, and Cosmetic Law, contains various provisions regarding the contents, packaging, labeling, and advertising of food, drugs, and cosmetics. A violation of any of these provisions is punishable as a misdemeanor.

This bill would prohibit a retailer from selling or permitting to be sold after the “use by” date infant formula, as defined, or baby food, as defined, that is required to have this date on its packaging pursuant to federal law. It would also prohibit a retailer from selling or permitting to be sold after the expiration date an over the counter drug, as defined, that is required to have this expiration date on its packaging pursuant to that federal law. A violation of these provisions would, notwithstanding the above-described penalty, be punishable as an infraction with a specified fine. By creating a new crime, this bill would create a state-mandated local program.

This bill would state the intent of the Legislature that local and state authorities should make reasonable efforts to notify the public about potential threats to public safety resulting from the sale of expired products and, for public purchasers of expired products, to contact their respective state or local authorities.

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. Hide
 
Status:
This bill was passed by both houses and vetoed by the Governor. It did not become law
Assembly Vote: On Passage

PASSED on September 10, 2009.

voted YES: 49 voted NO: 30
1 voted present/not voting

An Act to Add Chapter 3.5 (Commencing with Section 110286) to Part 5 of Division 104 of the Health and Safety Code, Relating to Food and Drug Safety.

AB 1512 — 2009-2010 Legislature

Summary
Existing law, the Sherman Food, Drug, and Cosmetic Law, contains various provisions regarding the contents, packaging, labeling, and advertising of food, drugs, and cosmetics. A violation of any of these provisions is punishable as a misdemeanor.

This bill would prohibit a retailer from selling or permitting to be sold after the “use by” date infant formula, as defined, or baby food, as defined, that is required to have this date on its packaging pursuant to federal law. It would also prohibit a retailer from selling or permitting to be sold after the expiration date an over the counter drug, as defined, that is required to have this expiration date on its packaging pursuant to that federal law. A violation of these provisions would, notwithstanding the above-described penalty, be punishable as an infraction with a specified fine. By creating a new crime, this bill would create a state-mandated local program.

This bill would state the intent of the Legislature that local and state authorities should make reasonable efforts to notify the public about potential threats to public safety resulting from the sale of expired products and, for public purchasers… More
Existing law, the Sherman Food, Drug, and Cosmetic Law, contains various provisions regarding the contents, packaging, labeling, and advertising of food, drugs, and cosmetics. A violation of any of these provisions is punishable as a misdemeanor.

This bill would prohibit a retailer from selling or permitting to be sold after the “use by” date infant formula, as defined, or baby food, as defined, that is required to have this date on its packaging pursuant to federal law. It would also prohibit a retailer from selling or permitting to be sold after the expiration date an over the counter drug, as defined, that is required to have this expiration date on its packaging pursuant to that federal law. A violation of these provisions would, notwithstanding the above-described penalty, be punishable as an infraction with a specified fine. By creating a new crime, this bill would create a state-mandated local program.

This bill would state the intent of the Legislature that local and state authorities should make reasonable efforts to notify the public about potential threats to public safety resulting from the sale of expired products and, for public purchasers of expired products, to contact their respective state or local authorities.

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. Hide
Learn More
At LegInfo.ca.gov
Title
An Act to Add Chapter 3.5 (Commencing with Section 110286) to Part 5 of Division 104 of the Health and Safety Code, Relating to Food and Drug Safety.
Author(s)
Ted Lieu, Dave Jones
Co-Authors
Subjects
  • Food and drugs: sale
Major Actions
Introduced2/27/2009
Referred to Committee
Passed Assembly Committee on Health4/28/2009
Passed Assembly Committee on Appropriations5/20/2009
Passed Assembly5/28/2009
Passed Senate Committee on Health7/08/2009
Passed Senate9/09/2009
Passed Assembly9/10/2009
Presented to the governor (enrolled)9/28/2009
Vetoed by Governor10/11/2009
Vetoed by Governor10/11/2009
Bill History
Chamber/CommitteeMotionDateResult
select this voteAssembly Committee on HealthDo pass as amended and be re-referred to the Committee on Appropriations.4/28/2009This motion PASSED the Assembly Committee on Health
14 voted YES 4 voted NO 1 voted present/not voting
select this voteAssembly Committee on AppropriationsDo pass.5/20/2009This motion PASSED the Assembly Committee on Appropriations
11 voted YES 4 voted NO 2 voted present/not voting
select this voteAssemblyAB 1512 LIEU Assembly Third Reading5/28/2009This bill PASSED the Assembly
48 voted YES 29 voted NO 3 voted present/not voting
select this voteSenate Committee on HealthDo pass as amended, and re-refer to the Committee on Appropriations.7/08/2009This motion PASSED the Senate Committee on Health
9 voted YES 0 voted NO 2 voted present/not voting
select this voteSenateAssembly 3rd Reading AB1512 Lieu By Liu9/09/2009This bill PASSED the Senate
24 voted YES 12 voted NO 4 voted present/not voting
currently selectedAssemblyAB 1512 Lieu Concurrence in Senate Amendments9/10/2009This bill PASSED the Assembly
49 voted YES 30 voted NO 1 voted present/not voting
ActionDateDescription
Introduced2/27/2009
2/27/2009Introduced. To print.
3/01/2009From printer. May be heard in committee March 30.
3/02/2009Read first time.
4/02/2009Referred to Com. on HEALTH.
4/15/2009From committee chair, with author's amendments: Amend, and re-refer to Com. on HEALTH. Read second time and amended.
4/16/2009Re-referred to Com. on HEALTH.
select this voteVote4/28/2009Do pass as amended and be re-referred to the Committee on Appropriations.
5/04/2009From committee: Amend, do pass as amended, and re-refer to Com. on APPR. (Ayes 14. Noes 4.) (April 28).
5/05/2009Read second time and amended.
5/06/2009Re-referred to Com. on APPR.
select this voteVote5/20/2009Do pass.
5/21/2009From committee: Do pass. (Ayes 11. Noes 4.) (May 20).
5/26/2009Read second time. To third reading.
5/28/2009Read third time, passed, and to Senate. (Ayes 48. Noes 29. Page 1752.)
5/28/2009In Senate. Read first time. To Com. on RLS. for assignment.
select this voteAssembly Vote on Passage5/28/2009AB 1512 LIEU Assembly Third Reading
6/11/2009Referred to Com. on HEALTH.
7/01/2009In committee: Hearing postponed by committee.
select this voteVote7/08/2009Do pass as amended, and re-refer to the Committee on Appropriations.
7/14/2009From committee: Amend, do pass as amended, and re-refer to Com. on APPR. (Ayes 9. Noes 0.) (July 8).
7/15/2009Read second time, amended, and re-referred to Com. on APPR.
8/18/2009From committee: Be placed on second reading file pursuant to Senate Rule 28.8.
8/19/2009Read second time. To third reading.
9/04/2009Read third time, amended. To second reading.
9/08/2009Read second time. To third reading.
9/09/2009Read third time, passed, and to Assembly. (Ayes 24. Noes 12. Page 2323.)
select this voteSenate Vote on Passage9/09/2009Assembly 3rd Reading AB1512 Lieu By Liu
9/10/2009In Assembly. Concurrence in Senate amendments pending. Senate amendments concurred in. To enrollment. (Ayes 49. Noes 30. Page 3292.)
currently selectedAssembly Vote on Passage9/10/2009AB 1512 Lieu Concurrence in Senate Amendments
9/28/2009Enrolled and to the Governor at 4 p.m.
Vetoed10/11/2009Vetoed by Governor.
10/26/2009Consideration of Governor's veto pending.
1/14/2010Consideration of Governor's veto stricken from file.

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0 Organizations Supported and 0 Opposed

Organizations that took a position on
An Act to Add Chapter 3.5 (Commencing with Section 110286) to Part 5 of Division 104 of the Health and Safety Code, Relating to Food and Drug Safety.: AB 1512 Lieu Concurrence in Senate Amendments

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Includes reported contributions to campaigns of Assemblymembers in office on day of vote, from interest groups invested in the vote according to MapLight, January 1, 2009 – December 31, 2010.
Contributions data source: FollowTheMoney.org

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NamePartyDistrict$ From Interest Groups
That Supported
$ From Interest Groups
That Opposed
Vote
Anthony AdamsRCA-59$0$0No
Tom AmmianoDCA-13$0$0Yes
Joel AndersonRCA-77$0$0No
Juan ArambulaICA-31$0$0Yes
Karen BassDCA-47$0$0Yes
Jim BeallDCA-24$0$0Yes
Bill BerryhillRCA-26$0$0No
Tom BerryhillRCA-25$0$0No
Sam BlakesleeRCA-33$0$0No
Marty BlockDCA-78$0$0Yes
Bob BlumenfieldDCA-40$0$0Yes
Steven BradfordDCA-51$0$0Yes
Julia BrownleyDCA-41$0$0Yes
Joan BuchananDCA-15$0$0Yes
Anna CaballeroDCA-28$0$0Yes
Charles CalderonDCA-58$0$0Yes
Wilmer Amina CarterDCA-62$0$0Yes
Wesley ChesbroDCA-1$0$0Yes
Connie ConwayRCA-34$0$0No
Paul CookRCA-65$0$0No
Joe CotoDCA-23$0$0Yes
Mike DavisDCA-48$0$0Yes
Hector De La TorreDCA-50$0$0Yes
Kevin De LeonDCA-45$0$0Yes
Chuck DeVoreRCA-70$0$0No
Bill EmmersonRCA-63$0$0No
Mike EngDCA-49$0$0Yes
Noreen EvansDCA-7$0$0Yes
Mike FeuerDCA-42$0$0Yes
Nathan FletcherRCA-75$0$0No
Paul FongDCA-22$0$0Yes
Felipe FuentesDCA-39$0$0Yes
Jean FullerRCA-32$0$0No
Warren FurutaniDCA-55$0$0Yes
Ted GainesRCA-4$0$0No
Cathleen GalgianiDCA-17$0$0No
Martin GarrickRCA-74$0$0No
Danny GilmoreRCA-30$0$0No
Curt HagmanRCA-60$0$0No
Isadore HallDCA-52$0$0Yes
Diane HarkeyRCA-73$0$0No
Mary HayashiDCA-18$0$0Yes
Ed HernandezDCA-57$0$0Yes
Jerry HillDCA-19$0$0Yes
Alyson HuberDCA-10$0$0No
Jared HuffmanDCA-6$0$0Yes
Kevin JeffriesRCA-66$0$0No
Dave JonesDCA-9$0$0Yes
Steve KnightRCA-36$0$0No
Paul KrekorianDCA-43$0$0Yes
Ted LieuDCA-53$0$0Yes
Dan LogueRCA-3$0$0No
Bonnie LowenthalDCA-54$0$0Yes
Fiona MaDCA-12$0$0Yes
Tony MendozaDCA-56$0$0Yes
Jeff MillerRCA-71$0$0No
Bill MonningDCA-27$0$0Yes
Pedro NavaDCA-35$0$0Yes
Brian NestandeRCA-64$0$0No
Roger NielloRCA-5$0$0No
Jim NielsenRCA-2$0$0No
John PerezDCA-46$0$0Yes
Manuel PerezDCA-80$0$0Yes
Anthony PortantinoDCA-44$0$0Yes
Ira RuskinDCA-21$0$0Yes
Mary SalasDCA-79$0$0Yes
Lori SaldanaDCA-76$0$0Yes
Jim SilvaRCA-67$0$0No
Nancy SkinnerDCA-14$0$0Yes
Cameron SmythRCA-38$0$0No
Jose SolorioDCA-69$0$0Yes
Audra StricklandRCA-37$0$0No
Sandre SwansonDCA-16$0$0Yes
Tom TorlaksonDCA-11$0$0Yes
Norma TorresDCA-61$0$0Yes
Alberto TorricoDCA-20$0$0Yes
Van TranRCA-68$0$0No
Mike VillinesRCA-29$0$0No
Mariko YamadaDCA-8$0$0Yes

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