California Assembly Bill AB1370 Introduced / Bill

 BILL NUMBER: AB 1370INTRODUCED BILL TEXT INTRODUCED BY Assembly Member Solorio FEBRUARY 27, 2009 An act to amend Section 111385 of the Health and Safety Code, relating to public health. LEGISLATIVE COUNSEL'S DIGEST AB 1370, as introduced, Solorio. Drugs and devices: labeling: expiration date: best before date. Existing law, the Sherman Food, Drug, and Cosmetic Law, requires the State Department of Public Health to regulate manufacture, sale, labeling, and advertising activities related to food, drugs, devices, and cosmetics in conformity with the federal Food, Drug, and Cosmetic Act. A violation of these provisions is a crime. Existing law classifies a drug or device as misbranded if the department determines that the drug or device is liable to deterioration and the drug or device is not packaged and labeled in a form and manner and set forth in regulations of the department. This bill would require that the label contain a "best before" date in addition to the expiration date of the effectiveness of the drug or device. By expanding the definition of an existing 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. Section 111385 of the Health and Safety Code is amended to read: 111385. Any drug or device is misbranded if the department determines that the drug or device is liable to deterioration, unless it is packaged in that form and manner and its label bears a statement of the precautions, as the department, by regulation, may require as necessary for the protection of public health  , including, but not limited to, "best before" date in addition to the expiration date of the effectiveness of the drug or device  .  Such   The  regulations shall not be established for any drug or device recognized in an official compendium, unless the department has informed the appropriate body, charged with the revision of the official compendium, of the need for that packaging or labeling requirements and that body has not prescribed the requirements in a reasonable length of time. SEC. 2. 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.