Bill Text: CA SB190 | 2009-2010 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Property taxes: TEA formula allocation: maintenance or

Spectrum: Bipartisan Bill

Status: (Engrossed - Dead) 2010-08-19 - Read third time. Amended. (Page 6370.) Re-referred to Com. On L. GOV. pursuant to Assembly Rule 77.2. Action rescinded whereby the bill was re-referred to Com. on L. GOV. pursuant to Assembly Rule 77.2. Re-referred to Com. on RULES. [SB190 Detail]

Download: California-2009-SB190-Introduced.html

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BILL NUMBER: SB 190	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Wright

                        FEBRUARY 18, 2009

   An act to add Section 110726 to the Health and Safety Code,
relating to misbranded food.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 190, as introduced, Wright. Misbranded food: pomegranate juice.

   The Sherman Food, Drug, and Cosmetic Law contains various
provisions regarding the contents, packaging, labeling, and
advertising of food, drugs, and cosmetics. The law provides that,
except as specified, any food fabricated from 2 or more ingredients
is misbranded unless it bears a label clearly stating the common or
usual name of each ingredient, and if the food purports to be a
beverage containing vegetable or fruit juice, a statement with
appropriate prominence on the information panel of the total
percentage of fruit or vegetable juice contained in the food. The law
makes it a misdemeanor to misbrand any food.
   The law also provides that all food labeling regulations adopted
pursuant to the federal Food, Drug, and Cosmetic Act shall be the
food labeling regulations of this state.
   This bill would provide that pomegranate juice is misbranded if
the label does not meet the percentage juice declaration requirements
of a specified federal regulation. By creating a new crime, this
bill would impose 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.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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

  SECTION 1.  The Legislature hereby finds and declares all of the
following:
   (a) California is the only commercial growing region of
pomegranates in the United States.
   (b) California farmers grow commercial pomegranates on
approximately 35,000 acres, generating thousands of jobs and nearly
$75,000,000 to California's farm economy.
   (c) California pomegranate varieties are superior in quality,
size, taste, and color to pomegranates produced abroad.
   (d) Many pomegranates grown in California are processed into
juice, which is sold throughout the United States and abroad.
   (e) Over $25,000,000 has been spent on medical research on
specific varieties of California pomegranates. This research shows
that these California pomegranates contain high levels of
antioxidants, which help fight free radicals. Also, 100 percent
pomegranate juice from California pomegranates helps fight prostate
cancer and heart disease. Preliminary research shows benefits
relating to colon cancer, erectile dysfunction, and diabetes.
   (f) The proven benefits of authentic 100 percent California
pomegranate juice, combined with the high costs of production, have
led to the selling of diluted and adulterated pomegranate juice on
the market that is falsely represented as 100 percent pomegranate
juice. Misbranded pomegranate juice not only misrepresents the health
value of the pomegranate juice to consumers, it also damages those
who manufacture authentic 100 percent pomegranate juice and the
economic health of the state's pomegranate growers.
  SEC. 2.  Section 110726 is added to the Health and Safety Code, to
read:
   110726.  Pomegranate juice is misbranded if the label does not
meet the percentage juice declaration requirements of Section 101.30
of Title 21 of the Code of Federal Regulations in effect as December
31, 2009.
  SEC. 3.  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.