Bill Text: CA AB228 | 2023-2024 | Regular Session | Amended
Bill Title: Infant formula stockpile.
Spectrum: Slight Partisan Bill (Democrat 14-5)
Status: (Failed) 2024-02-01 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB228 Detail]
Download: California-2023-AB228-Amended.html
|
Amended
IN
Assembly
March 09, 2023 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Assembly Bill
No. 228
| Introduced by Assembly Members (Coauthors: Assembly Members Addis, Boerner Horvath, Megan Dahle, Davies, Stephanie Nguyen, Quirk-Silva, Luz Rivas, Blanca Rubio, and Waldron) |
January 11, 2023 |
An act to add Section 131022 to the Health and Safety Code, relating to public health.
LEGISLATIVE COUNSEL'S DIGEST
AB 228, as amended, Wilson.
Infant formula stockpile.
Existing law establishes the State Department of Public Health to implement various programs throughout the state relating to public health.
This bill would require the State Department of Public Health and the Office of Emergency Services, in coordination with other state agencies as appropriate, to, upon appropriation and as necessary, establish an infant formula stockpile. The bill would require the department to establish guidelines for the procurement, management, and distribution of infant formula, taking into account, among other things, the amount of each type of infant formula that would be required to meet shortages, as specified. The bill would also establish the Infant Formula Advisory Committee to
to, among other things, make recommendations for the development of guidelines for the procurement, management, and distribution of infant formula, as specified. specified, and advise the development and implementation of the program. The bill would require the committee to provide an annual report to the Legislature with feedback regarding the implementation of the program and updates regarding policy changes and public comments.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 131022 is added to the Health and Safety Code, to read:131022.
(a) The following definitions apply for purposes of this section:(1) “Department” means the State Department of Public Health.
(2) “Infant formula” means a food that purports to be or is represented for special dietary use as a food for infants by reason of its simulation of human milk or its suitability as a complete or partial substitute for human milk.
(3) “Office” means the Office of Emergency Services.
(4) “Stockpile” means the infant formula stockpile created pursuant to subdivision
(b).
(b) By January 1, 2025, the department and office, in coordination with other state agencies as appropriate, shall establish an infant formula stockpile, upon appropriation and as necessary.
(c) The department shall also establish guidelines for procurement, management, and distribution of infant formula from the department. The department and office shall consider the recommendations of the Infant Formula Advisory Committee created pursuant to subdivision (d) in developing these guidelines. At a minimum, the guidelines shall take into account all of the following:
(1) The various types of infant formula, including specialty formula, that may be required during a shortage or other health emergency.
(2) The shelf life of each type of infant formula that may be obtained from the department and how to restock and distribute a portion of each type of baby formula to ensure the procurements and distributions consist of unexpired formula.
(3) The amount of each type of infant formula that would be required to meet shortages, particularly for families enrolled in California programs, including, but not limited to, the California Special Supplemental Food Program for Women, Infants, and Children (WIC).
(4) Lessons learned from previous supply chain issues, pandemics, and state emergencies, including, but not limited to, supply procurement, management, and distribution.
(5) Geographical distribution of infant formula storage.
(6) The policies and funding that would be required for the state to establish an infant formula stockpile.
(7) How distribution from any procurement shall be prioritized in the event there is insufficient formula to meet the needs of infants.
(d) The Infant Formula Advisory Committee is hereby established. The advisory committee shall consist of all of the following:
(1)__
(1) One representative from the State Department of Social Services.
(2) One representative from the State Department of Public Health.
(3) One representative from First 5 California.
(4) One representative from a county health department appointed by the Governor.
(5) One industry representative appointed by the Governor.
(6) One representative from a local authority appointed by the Governor.
(7) One public member appointed by the Assembly.
(8) One public member appointed by the Senate.
(9) One public member appointed by the Governor.
(e) The Infant Formula Advisory Committee shall do all of the following:
(1) Make recommendations to the office and department necessary to
develop the guidelines required pursuant to subdivision (c) and advise the development and implementation of the program.
(2) Work with the office and department to ensure adequate distribution of formula to disadvantaged community members.
(3) Take into account public comments and recommendations as the program operates.
(4) Report annually to the Legislature with feedback regarding the implementation of the program and updates regarding policy changes and public comments. A report
submitted pursuant to this paragraph shall be submitted in compliance with Section 9795 of the Government Code.
