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
Senate Vote: On Passage

PASSED on September 9, 2009.

voted YES: 24 voted NO: 12
4 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
currently selectedSenateAssembly 3rd Reading AB1512 Lieu By Liu9/09/2009This bill PASSED the Senate
24 voted YES 12 voted NO 4 voted present/not voting
select this voteAssemblyAB 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.)
currently selectedSenate 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.)
select this voteAssembly 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.

Total contributions given to Senators from interest groups that…

8 Organizations Supported and 0 Opposed; See Which Ones

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.: Assembly 3rd Reading AB1512 Lieu By Liu

8 organizations supported this bill

Amalgamated Transit Union
SENATE RULES COMMITTEE (2009, September 8). AB 1512 9.08.2009. Retrieved October 22, 2010, from Leg Info.
American Federation of State, County and Municipal Employees
SENATE RULES COMMITTEE (2009, September 8). AB 1512 9.08.2009. Retrieved October 22, 2010, from Leg Info.
California Grocers Association
SENATE RULES COMMITTEE (2009, September 8). AB 1512 9.08.2009. Retrieved October 22, 2010, from Leg Info.
Consumer Attorneys of California
SENATE RULES COMMITTEE (2009, September 8). AB 1512 9.08.2009. Retrieved October 22, 2010, from Leg Info.
Consumer Federation of California
SENATE RULES COMMITTEE (2009, September 8). AB 1512 9.08.2009. Retrieved October 22, 2010, from Leg Info.
Engineers and Scientists of California
SENATE RULES COMMITTEE (2009, September 8). AB 1512 9.08.2009. Retrieved October 22, 2010, from Leg Info.
International Brotherhood of Teamsters
SENATE RULES COMMITTEE (2009, September 8). AB 1512 9.08.2009. Retrieved October 22, 2010, from Leg Info.
United Food and Commercial Workers International Union
SENATE RULES COMMITTEE (2009, September 8). AB 1512 9.08.2009. Retrieved October 22, 2010, from Leg Info.

0 organizations opposed this bill

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View citations of support and opposition

Includes reported contributions to campaigns of Senators in office on day of vote, from interest groups invested in the vote according to MapLight, January 1, 2007 – December 31, 2010.
Contributions data source: FollowTheMoney.org

Contributions by Legislator

Namesort iconPartyDistrict$ From Interest Groups
That Supported
$ From Interest Groups
That Opposed
Vote
Sam AanestadRCA-4$5,000$0Yes
Elaine AlquistDCA-13$54,500$0Yes
Roy AshburnRCA-18$0$0No
John BenoitRCA-37$29,550$0No
Ron CalderonDCA-30$60,250$0No
Gilbert CedilloDCA-22$52,450$0Yes
Dave CogdillRCA-14$26,650$0No
Ellen CorbettDCA-10$164,917$0Yes
Lou CorreaDCA-34$99,900$0Yes
Dave CoxRCA-1$7,050$0No
Mark DeSaulnierDCA-7$185,828$0Yes
Jeff DenhamRCA-12$31,650$0Not Voting
Denise DuchenyDCA-40$0$0Yes
Bob DuttonRCA-31$23,595$0No
Dean FlorezDCA-16$2,000$0Yes
Loni HancockDCA-9$215,090$0Yes
Tom HarmanRCA-35$55,548$0No
Dennis HollingsworthRCA-36$2,000$0No
Bob HuffRCA-29$23,295$0No
Christine KehoeDCA-39$94,325$0Yes
Mark LenoDCA-3$240,302$0Yes
Carol LiuDCA-21$94,800$0Yes
Alan LowenthalDCA-27$67,500$0Yes
Abel MaldonadoRCA-15$105,878$0Not Voting
Gloria Negrete McLeodDCA-32$69,400$0Yes
Jenny OropezaDCA-28$55,259$0Not Voting
Alex PadillaDCA-20$154,449$0Yes
Fran PavleyDCA-23$136,679$0Yes
Curren PriceDCA-26$87,209$0Yes
Gloria RomeroDCA-24$50,223$0Yes
George RunnerRCA-17$45,925$0No
Joe SimitianDCA-11$105,850$0Yes
Darrell SteinbergDCA-6$337,271$0Yes
Tony StricklandRCA-19$94,026$0Not Voting
Mimi WaltersRCA-33$69,975$0No
Pat WigginsDCA-2$42,900$0Yes
Lois WolkDCA-5$166,658$0Yes
Rod WrightDCA-25$75,050$0Yes
Mark WylandRCA-38$15,000$0No
Leland YeeDCA-8$125,750$0Yes

Add Data Filters:

Legislator Filters
Legislator Filters
Show All
NamePartyDistrict$ From Interest Groups
That Supported
$ From Interest Groups
That Opposed
Vote
Sam AanestadRCA-4$5,000$0Yes
Elaine AlquistDCA-13$54,500$0Yes
Roy AshburnRCA-18$0$0No
John BenoitRCA-37$29,550$0No
Ron CalderonDCA-30$60,250$0No
Gilbert CedilloDCA-22$52,450$0Yes
Dave CogdillRCA-14$26,650$0No
Ellen CorbettDCA-10$164,917$0Yes
Lou CorreaDCA-34$99,900$0Yes
Dave CoxRCA-1$7,050$0No
Mark DeSaulnierDCA-7$185,828$0Yes
Jeff DenhamRCA-12$31,650$0Not Voting
Denise DuchenyDCA-40$0$0Yes
Bob DuttonRCA-31$23,595$0No
Dean FlorezDCA-16$2,000$0Yes
Loni HancockDCA-9$215,090$0Yes
Tom HarmanRCA-35$55,548$0No
Dennis HollingsworthRCA-36$2,000$0No
Bob HuffRCA-29$23,295$0No
Christine KehoeDCA-39$94,325$0Yes
Mark LenoDCA-3$240,302$0Yes
Carol LiuDCA-21$94,800$0Yes
Alan LowenthalDCA-27$67,500$0Yes
Abel MaldonadoRCA-15$105,878$0Not Voting
Gloria Negrete McLeodDCA-32$69,400$0Yes
Jenny OropezaDCA-28$55,259$0Not Voting
Alex PadillaDCA-20$154,449$0Yes
Fran PavleyDCA-23$136,679$0Yes
Curren PriceDCA-26$87,209$0Yes
Gloria RomeroDCA-24$50,223$0Yes
George RunnerRCA-17$45,925$0No
Joe SimitianDCA-11$105,850$0Yes
Darrell SteinbergDCA-6$337,271$0Yes
Tony StricklandRCA-19$94,026$0Not Voting
Mimi WaltersRCA-33$69,975$0No
Pat WigginsDCA-2$42,900$0Yes
Lois WolkDCA-5$166,658$0Yes
Rod WrightDCA-25$75,050$0Yes
Mark WylandRCA-38$15,000$0No
Leland YeeDCA-8$125,750$0Yes

Interest Groups that supported this bill

$ Donated
Attorneys & law firms$1,655,607
State & local government employee unions$934,315
Other unions$251,850
Food stores$199,200
Transportation unions$120,000
Teamsters unions$112,730
Food service & related unions$0
Consumer groups$0

Interest Groups that opposed this bill

$ Donated
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