BILL NUMBER: SB 190 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 20, 2009
AMENDED IN SENATE APRIL 13, 2009
INTRODUCED BY Senator Wright
FEBRUARY 18, 2009
An act to add 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 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) Over 250 farmers in California grow commercial pomegranates on
approximately 35,000 acres, generating thousands of jobs and nearly
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 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. 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
performance 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 -25(0/00).
(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.
(B) Neither perlargonidin-3, 5-diglucoside, nor
perlargonidin-3-glucoside shall be present in an amount that is
greater than the least of the other anthocyanins listed in
subparagraph (A).
(C) No anthocyanin other than those listed in subparagraph (A) is
present individually or collectively in excess of 5 percent of the
total anthocyanins.
(D) It has at least 100 milligram per liter of punicalagin.
(2) The sugar profile consists of all of the following:
(A) A sucrose level of less than 0.001 grams per 100 milliters, as
measured by high performance liquid chromatography separation with
refractive index detection (HPLC-RI).
(B) A glucose to fructose ratio of between 0.8 and 1.0, as
measured by high performance liquid chromatography.
(C) A carbon stable isotope ratio analysis less than or equal to
-25%, as measured by the carbon stable isotope ratio method (13C/12C
isotope ratio).
(D) A mannitol level at greater than, or equal to, 0.3 grams per
100 milliters as measured by HPLC-RI.
(E) A sorbitol level at greater than, or equal to, 0.03 grams per
100 milliters as measured by HPLC-RI.
(F) A maltose level of less than .001 grams per 100 milliters, as
measured by HPLC-RI.
(3) The organic acid profile, as measured by high pressure liquid
chromatography, consists of all of the following:
(A) Tartaric acids of less than 0.001 grams per 100 milliters.
(B) A citric/isocitric acid ratio of less than, or equal to, 0.1
grams per 100 milliliters, and the ratio of 350.
(C) Malic acids of less than .001 grams per 100 milliliters.
(D) Malic acid, D-isomer of less than .001 grams per 100
milliliters
(4) The amino acid and mineral profile, as measured by high
pressure liquid chromatography and flame photometer ,
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)
(b) 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) per
occurrence , 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. 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.