Bill Text: CA AB301 | 2009-2010 | Regular Session | Enrolled
Bill Title: Vended water.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Vetoed) 2010-09-29 - Vetoed by Governor. [AB301 Detail]
Download: California-2009-AB301-Enrolled.html
BILL NUMBER: AB 301 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 23, 2010
PASSED THE ASSEMBLY AUGUST 24, 2010
AMENDED IN SENATE AUGUST 18, 2010
AMENDED IN SENATE AUGUST 17, 2010
AMENDED IN ASSEMBLY APRIL 1, 2009
INTRODUCED BY Assembly Member Fuentes
(Principal coauthor: Assembly Member Hayashi)
(Coauthor: Senator Corbett)
FEBRUARY 17, 2009
An act to amend Section 111130 of, and to add Section 111131 to,
the Health and Safety Code, relating to vended water.
LEGISLATIVE COUNSEL'S DIGEST
AB 301, Fuentes. Vended water.
Existing law, the Sherman Food, Drug, and Cosmetic Law, prescribes
various quality, reporting, and labeling standards for bottled water
and private water sources and limits the levels of certain
contaminants that may be contained in those water products. Violation
of these provisions is a crime. Existing law requires the State
Department of Public Health to perform various duties under these
provisions.
This bill would require each applicant for a license as a
water-bottling plant or a private water source to provide to the
department specified information and would require the department to
annually compile a listing of this information and make it available
to the public, as provided. The bill would also make specified
findings and declarations.
Because this bill would create a new crime, it imposes a
state-mandated local program.
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.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 111130 of the Health and Safety Code is amended
to read:
111130. (a) The department shall charge and collect a fee for
each license application submitted in accordance with the fee
schedule in Table 1, that shall be an amount reasonably necessary to
produce sufficient revenue to enforce this article. The fees
collected shall be adjusted annually as required by Section 100425.
New applicants for a water-bottling plant license shall pay Category
2 fees for the first license year.
(b) The water-bottling plant and bottled water distributor
categories shall be determined by dividing by 52 the number of
gallons produced or shipped into California during the previous year.
If the result is an average of 5,000 gallons or less per week, the
firm is Category 1. If the average exceeds 5,000 gallons per week,
the firm is Category 2.
Table
1
License Fees
License Class Annual Fee
Water-Bottling
Plant $310
Category 1
Category 2 875
Water-Vending Machine 40
Water Hauler 310
Retail Water Facility 310
Private Water Source 310
Operator
Bottled Water Distributor 310
SEC. 2. Section 111131 is added to the Health and Safety Code, to
read:
111131. (a) The owners or operators of each water-bottling plant,
retail water facility, private water source, each water hauler in
the state, and bottlers or distributors of water bottled out of state
shall submit an application for a license on forms provided by the
department. Applications and license fees shall be submitted
annually. Applicants shall provide to the department, in electronic
format, the serial number of each machine, and the street address,
city, ZIP Code, and county where the machine is located.
(b) Each water-vending machine owner or operator shall annually
submit an application for a license for all machines on forms
provided by the department. A decal or seal provided by the
department indicating a license fee has been paid shall be affixed in
a prominent place to each water-vending machine in service. The duty
to display the decal or seal shall apply only on and after the date
that the decal has been received by the operator.
(c) Applicants for a license as a water-bottling plant or a
private water source in the state shall also provide to the
department, at the time of submittal of the application, all of the
following:
(1) The total volume of water bottled or sold either for wholesale
or retail use in the department-specified 12-month period prior to
submittal of the application. A new applicant shall make the
applicant's best estimate of the total volume of water that the
applicant expects to bottle or sell for wholesale or retail use in
the 12-month period of licensure.
(2) Whether the source of the water bottled or sold is a public or
private water agency or an artesian well, lake, river, spring, or
well, as appropriate.
(3) The county in which the source identified in paragraph (2) is
located and whether this source is privately or publicly owned and
operated.
(d) The department shall annually compile a listing of the
information reported pursuant to subdivision (c) for each licensee
and make this compilation available to the public. In its report, the
department shall ensure that the compilation of information reported
pursuant to subdivision (c) does not contain duplicative data as to
applicants who apply for both a water-bottling plant license and a
private water source license. Water from a private water source that
is sold or delivered to a water-bottling plant shall be reported
separately from water sold or delivered for other uses from that same
private water source.
SEC. 3. (a) The Legislature finds and declares that the Food
Safety Fund provided for by Section 110050 of the Health and Safety
Code, currently contains sufficient revenue to fund implementation of
this act.
(b) The Legislature further finds and declares that, pursuant to
Section 100425 of the Health and Safety Code, the Director of Finance
is authorized to adjust the fee schedule set forth in Section 111130
of the Health and Safety Code to further ensure that the Food Safety
Fund continues to contain sufficient revenue to implement this act.
SEC. 4. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because 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.
