Bill Text: CA SB173 | 2009-2010 | Regular Session | Enrolled

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Bill Title: Food safety: testing and recalls.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Vetoed) 2010-01-19 - Stricken from Senate file. [SB173 Detail]

Download: California-2009-SB173-Enrolled.html

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BILL NUMBER: SB 173	ENROLLED
	BILL TEXT

	PASSED THE SENATE  SEPTEMBER 4, 2009
	PASSED THE ASSEMBLY  SEPTEMBER 1, 2009
	AMENDED IN ASSEMBLY  JULY 6, 2009
	AMENDED IN SENATE  JUNE 1, 2009
	AMENDED IN SENATE  MAY 6, 2009
	AMENDED IN SENATE  APRIL 20, 2009

INTRODUCED BY   Senator Florez

                        FEBRUARY 14, 2009

   An act to add Article 6.7 (commencing with Section 110808) to
Chapter 5 of Part 5 of Division 104 of the Health and Safety Code,
relating to food safety.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 173, Florez. Food safety: testing and recalls.
   Existing law, the Sherman Food, Drug, and Cosmetic Law,
authorizes, for purposes of enforcement of the law, an authorized
agent of the State Department of Public Health to, among other
things, enter any factory, warehouse, or establishment in which any
food is manufactured, packed, or held, enter any vehicle that is
being used to transport or hold the food, and inspect any factory,
warehouse, establishment, vehicle, or place, and all pertinent
equipment, raw material, finished and unfinished materials,
containers, and labeling in the factory, warehouse, establishment,
vehicle, or place. Existing law authorizes the agent to secure any
sample or specimen of any food, as specified. It is unlawful for any
person to refuse to permit entry or inspection, the taking of samples
or other evidence, or access to copying of any record as authorized
by this part, or to conceal the samples or evidence, or withhold
evidence concerning them. A violation of the law is a misdemeanor.
   This bill would authorize the State Public Health Officer to adopt
regulations regarding the voluntary recall of food that, without
intervention, could transmit an illness that could kill or seriously
affect the health of humans, as specified.



THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Article 6.7 (commencing with Section 110808) is added
to Chapter 5 of Part 5 of Division 104 of the Health and Safety Code,
to read:

      Article 6.7.  Food Recalls


   110808.  Subject to the rights and procedures established pursuant
to Chapter 4.5 (commencing with Section 11400) of Division 3 of
Title 2 of the Government Code and Section 110145 of this code, and
in accordance with regulations adopted pursuant to this code, the
State Public Health Officer may adopt regulations for the voluntary
recall of food that, without intervention, could transmit an illness
that could kill or seriously affect the health of humans, including,
in addition to the original condition, those clinically plausible
secondary illnesses, infections, pathogens, contagions, toxins, or
conditions arising from the effects of the original.