BILL NUMBER: SB 190	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 21, 2009
	AMENDED IN SENATE  MAY 6, 2009
	AMENDED IN SENATE  APRIL 20, 2009
	AMENDED IN SENATE  APRIL 13, 2009

INTRODUCED BY   Senator Wright
   (Coauthor: Senator Padilla)

                        FEBRUARY 18, 2009

   An act to add  Section   Sections 110051 and
 110726 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 require the State Department of Public Health, by
July 1,  2010   2011  , in consultation
with interested parties, to adopt regulations establishing
definitions and standards of identity for 100% pomegranate juice
consistent with ensuring the public health. 
   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.  
   Existing law establishes the Food Safety Fund in the State
Treasury, into which various fees are deposited for use by the
department, upon appropriation, for the purposes of specified
inspection, licensing, education and training, and registration
provisions of the law.  
   This bill would also state that moneys in the fund are also
available to the department, upon appropriation by the Legislature,
to fund the development and adoption of regulations required by this
bill. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

   SECTION 1.    Section 110051 is added to the 
 Health and Safety Code   , to read:  
   110051.  Moneys deposited on or after January 1, 2010, into the
Food Safety Fund, established pursuant to Section 110050, shall also
be made available, upon appropriation by the Legislature, to the
department for purposes of funding the development and adoption of
the regulations required by Section 110726. 
   SECTION 1.  SEC. 2.   Section 110726 is
added to the Health and Safety Code, to read:
   110726.  The department shall, by July 1,  2010 
 2011  , and consistent with ensuring the public health in
consultation with interested parties, adopt regulations establishing
definitions and standards of identity for 100 percent pomegranate
juice.