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

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 Action rescinded whereby the bill was re-referred to Com.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-Amended.html

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BILL NUMBER: SB 190	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 13, 2009

INTRODUCED BY   Senator Wright

                        FEBRUARY 18, 2009

   An act to add  Section 110726   Sections
110726 and 110727  to the Health and Safety Code, relating to
misbranded food.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 190, as amended, 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  punishable as prescribed,  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  
   This bill would permit labeling as 100% pomegranate juice or
pomegranate concentrate that reconstitutes to single-strength, 100%
pomegranate juice only if prescribed requirements are met. 
    The bill would also provide that only a beverage that
includes 100% pomegranate juice or pomegranate juice from concentrate
that reconstitutes to single-strength, 100% pomegranate juice may be
labeled to purport to include pomegranate juice, as specified. 

    The bill would, notwithstanding existing penalty provisions,
make it a misdemeanor, punishable as prescribed, to violate these
provisions, and would specify that   each labeling violation
constitutes a separate offense. 
    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   Over 250 farmers in
California  grow commercial pomegranates on approximately
35,000 acres, generating thousands of jobs and nearly 
$75,000,000   seventy-five million dollars ($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   twenty-five million
dollars ($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. 
    110726.    For purposes of Section 110727, the
following definitions shall apply:  
   (a) "Pomegranate juice" means the edible juice obtained by
mechanical process from a pomegranate (Punica granatum) and includes
juice that is concentrated and later reconstituted with water to
maintain substantially the original composition of the juice.
"Pomegranate juice" may include finely divided insoluble solids,
except that it shall not contain pieces of shell, seeds, or other
course or hard substances or excess pulp.  
   (b) "100 percent pomegranate juice" or "pomegranate juice
concentrate that reconstitutes to single-strength, 100 percent
pomegranate juice" means pomegranate juice that consistently has the
following composition:  
   (1) The polyphenol profile, as measured by high pressure liquid
chromatography, fits the following criteria:  
   (A) It has six characteristic pomegranate anthocyanins, including
delphinidin-3, 5-diglucoside, delphinidin-3-glucoside, cyanidin-3,
5-diglucoside and cyanidin-3-glucoside, perlargonidin-3,
5-diglucoside, and perlargonidin-3-glucoside.  
   (B) It does not have atypical anthocyanins.  
   (C) It has at least 20 milligrams per liter of punicalagin, which
is a marker of ellagitannin.  
   (2) The sugar profile, as measured by high pressure liquid
chromatography and by carbon isotope ratio, consists of all of the
following:  
   (A) Sucrose or maltose levels of less than 0.001 grams per 100
milliliters, respectively.  
   (B) A glucose to fructose ratio of between 0.8 and 1.0.  

   (C) A carbon stable isotope ratio analysis (SIRA) less than or
equal to -250/00.  
   (D) Mannitol and sorbitol levels at greater than, or equal to, 0.3
grams per 100 milliliters and less than or equal to 0.03 grams per
100 milliliters, respectively.  
   (3) The organic acid profile, as measured by high pressure liquid
chromatography, consists of both of the following:  
   (A) Tartaric and malic (D-isomer) acids of less than 0.001 grams
per 100 milliliters, respectively.  
   (B) A malic acid and citric/isocitric acid ratio of less than or
equal to 0.1 grams per 100 milliliters and the ratio of 350,
respectively.  
   (4) The amino acid and mineral profile, as measured by high
pressure liquid chromatography and flame, consists of both of the
following:  
   (A) A proline amino acid level of less than or equal to 25
milligrams per liter.  
   (B) A potassium level of greater than or equal to 1,800 milligrams
per liter. 
   SEC. 3.    Section 110727 is added to the  
Health and Safety Code   , to read:  
   110727.  (a) Only 100 percent pomegranate juice or pomegranate
juice concentrate that reconstitutes to single-strength 100 percent
pomegranate juice and otherwise meets the percentage juice labeling
requirements of Section 101.30 of Title 21 of the Code of Federal
Regulations in effect as of December 31, 2009, may be labeled as 100
percent pomegranate juice or pomegranate juice concentrate that
reconstitutes to single-strength, 100 percent pomegranate juice.
   (b) Only a beverage that includes 100 percent pomegranate juice or
pomegranate juice concentrate that reconstitutes to single-strength,
100 percent pomegranate juice may be labeled to purport to include
pomegranate juice by bearing the name of, or variation on the name
of, or by making any other direct or indirect representation with
respect to, any pomegranate juice or bearing any vignette or other
depiction or other pictorial representation of any pomegranate.
   (c) Notwithstanding Section 111825, a person who violates this
section is guilty of a misdemeanor, and upon conviction shall be
punished by a fine of not less than five hundred dollars ($500) nor
more than one thousand dollars ($1,000), or by imprisonment in the
county jail not exceeding one year, or by both fine and imprisonment.
Each occurrence of a labeling violation pursuant to this section
shall constitute a separate offense. 
   SEC. 3.   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.