Arizona 2024 Regular Session

Arizona Senate Bill SB1649 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	~~Senate Engrossed~~ misbranding; misrepresenting; food products. State of Arizona Senate Fifty-sixth Legislature Second Regular Session 2024 ~~SENATE BILL~~ 1649 An Act amending title 36, chapter 8, article 1, Arizona Revised Statutes, by adding section 36-917; relating to pure food control. (TEXT OF BILL BEGINS ON NEXT PAGE)
	1	+	REFERENCE TITLE: misbranding; misrepresenting; food products. State of Arizona Senate Fifty-sixth Legislature Second Regular Session 2024 SB 1649 Introduced by Senator Bennett An Act amending title 36, chapter 8, article 1, Arizona Revised Statutes, by adding section 36-917; relating to pure food control. (TEXT OF BILL BEGINS ON NEXT PAGE)
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9		-	~~Senate Engrossed~~ misbranding; misrepresenting; food products.
	9	+	REFERENCE TITLE: misbranding; misrepresenting; food products.
10	10		State of Arizona Senate Fifty-sixth Legislature Second Regular Session 2024
11		-	SENATE BILL 1649
	11	+	SB 1649
	12	+	Introduced by Senator Bennett
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13		-	Senate Engrossed
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17		-	misbranding; misrepresenting; food products.
	14	+	REFERENCE TITLE: misbranding; misrepresenting; food products.
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27	24		State of Arizona
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43		-	SENATE BILL 1649
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53	64		An Act
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57	68		amending title 36, chapter 8, article 1, Arizona Revised Statutes, by adding section 36-917; relating to pure food control.
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63	74		(TEXT OF BILL BEGINS ON NEXT PAGE)
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67	78		Be it enacted by the Legislature of the State of Arizona: Section 1. Title 36, chapter 8, article 1, Arizona Revised Statutes, is amended by adding section 36-917, to read: START_STATUTE36-917. Products not derived from livestock or poultry; misrepresenting or misbranding as meat or poultry; prohibition; violation; civil penalty; definitions A. A person who places a label on a food product may not intentionally misbrand or misrepresent a product that is not derived from livestock or poultry as meat, a meat food product, poultry or a poultry product through any activity, including misbranding or misrepresenting by doing any of the following: 1. Affixing a false or misleading label on meat, a meat food product, poultry or a poultry product. 2. Using a term that is the same as or deceptively similar to a term that has been used or defined historically in reference to a specific meat food product or poultry product. 3. Representing a product as meat, a meat food product, poultry or a poultry product if the product is a cell-cultured food product. 4. Representing a product as meat, a meat food product, poultry or a poultry product if the product is a synthetic product derived from a plant, insect or other source. B. The department may do any of the following: 1. Adopt rules to enforce this section. 2. Receive complaints and investigate violations of this section. 3. Employ personnel to investigate and enforce this section or delegate investigation and enforcement authority to county health departments or the weights and measures services division of the Arizona department of agriculture. 4. Seek and obtain injunctive relief or other civil relief to restrain and prevent violations of this section and rules adopted pursuant to this section. 5. After a hearing, impose a civil penalty of not more than $100,000 for each violation of this section. Each day a violation occurs is a separate offense. C. For the purposes of this section: 1. "Cell-Cultured food product" means any cultured animal tissue that is produced from in vitro animal cell cultures outside of the organism from which it is derived. 2. "Deceptively similar" means misleading to a reasonable person. 3. "Department" means the department of health services. 4. "Meat" has the same meaning prescribed in section 3-2001. 5. "Meat food product" has the same meaning prescribed in section 3-2001. 6. "Misrepresent" means to use any untrue, misleading or deceptive oral or written statement, advertisement, label, display, picture, illustration or sample. 7. "Poultry" has the same meaning prescribed in section 3-2151. 8. "Poultry product" has the same meaning prescribed in section 3-2151.END_STATUTE
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69	80		Be it enacted by the Legislature of the State of Arizona:
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71	82		Section 1. Title 36, chapter 8, article 1, Arizona Revised Statutes, is amended by adding section 36-917, to read:
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73	84		START_STATUTE36-917. Products not derived from livestock or poultry; misrepresenting or misbranding as meat or poultry; prohibition; violation; civil penalty; definitions
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75	86		A. A person who places a label on a food product may not intentionally misbrand or misrepresent a product that is not derived from livestock or poultry as meat, a meat food product, poultry or a poultry product through any activity, including misbranding or misrepresenting by doing any of the following:
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77	88		1. Affixing a false or misleading label on meat, a meat food product, poultry or a poultry product.
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79	90		2. Using a term that is the same as or deceptively similar to a term that has been used or defined historically in reference to a specific meat food product or poultry product.
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81	92		3. Representing a product as meat, a meat food product, poultry or a poultry product if the product is a cell-cultured food product.
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83	94		4. Representing a product as meat, a meat food product, poultry or a poultry product if the product is a synthetic product derived from a plant, insect or other source.
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85	96		B. The department may do any of the following:
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87	98		1. Adopt rules to enforce this section.
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89	100		2. Receive complaints and investigate violations of this section.
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91	102		3. Employ personnel to investigate and enforce this section or delegate investigation and enforcement authority to county health departments or the weights and measures services division of the Arizona department of agriculture.
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93	104		4. Seek and obtain injunctive relief or other civil relief to restrain and prevent violations of this section and rules adopted pursuant to this section.
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95	106		5. After a hearing, impose a civil penalty of not more than $100,000 for each violation of this section. Each day a violation occurs is a separate offense.
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97	108		C. For the purposes of this section:
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99	110		1. "Cell-Cultured food product" means any cultured animal tissue that is produced from in vitro animal cell cultures outside of the organism from which it is derived.
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101	112		2. "Deceptively similar" means misleading to a reasonable person.
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103	114		3. "Department" means the department of health services.
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105	116		4. "Meat" has the same meaning prescribed in section 3-2001.
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107	118		5. "Meat food product" has the same meaning prescribed in section 3-2001.
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109	120		6. "Misrepresent" means to use any untrue, misleading or deceptive oral or written statement, advertisement, label, display, picture, illustration or sample.
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111	122		7. "Poultry" has the same meaning prescribed in section 3-2151.
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113	124		8. "Poultry product" has the same meaning prescribed in section 3-2151.END_STATUTE