California Senate Bill SB1486 Latest Draft

 BILL NUMBER: SB 1486AMENDED BILL TEXT AMENDED IN SENATE APRIL 16, 2012 AMENDED IN SENATE MARCH 28, 2012 INTRODUCED BY Senator Lieu  (   Coauthor:   Senator   de Len   )  FEBRUARY 24, 2012 An act to add Section 114092 to the Health and Safety Code, relating to food facilities. LEGISLATIVE COUNSEL'S DIGEST SB 1486, as amended, Lieu. Food facilities: menu labeling. The Sherman Food, Drug, and Cosmetic Law contains various provisions regarding the contents, packaging, labeling, and advertising of food, drugs, and cosmetics. The California Retail Food Code provides for the regulation of health and sanitation standards for retail food facilities, as defined, by the State Department of Public Health. Under existing law, local health agencies are primarily responsible for enforcing the California Retail Food Code. A violation of any of these provisions is punishable as a misdemeanor. The code requires fish that are received for sale or service to be commercially and legally caught or harvested. The code also imposes various labeling and storage requirements for shellstock. This bill would require a retail food facility, as defined, that offers or sells as a menu item seafood, as defined,  that is raised, caught, or produced outside the United States  to identify  on the menu  specified information regarding the seafood  and, if the retail food facility has a drive-through area and uses a menu board to display or list menu items, to disclose on this menu board a statement that this specified information is available upon request  . The bill would require the department or local enforcement agencies to enforce these provisions, as specified, and would make a violation an infraction or subject to a civil penalty.  The bill would provide an exception to these enforcement provisions for food facilities that were provided inaccurate information by the entity that provided the seafood.  By expanding the definition of a crime and imposing additional duties upon local officials, 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 with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. 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 114092 is added to the Health and Safety Code, to read: 114092. (a)  A   (1)     Except as provided in paragraph (2), a  retail food facility that offers or sells  seafood  as a menu item  seafood that is raised, caught, or produced outside the United States  shall identify on  the menu   a display, brochure, or a menu insert that is readily available to the consumer  all of the following information:  (1)   (A)  The  species of seafood   scientific common name of the seafood that constitutes the menu item  .  (2)   (B)  The country in which the seafood was raised or caught.  (3)   (   C)  Whether the seafood was raised or caught wild.  (2) A retail food facility that has a drive-through area and uses a menu board to display or list menu items within the drive-through area at the point of sale shall disclose for any seafood item offered for sale on this menu board a statement on the menu board that reads "INFORMATION REGARDING THE SPECIES OF SEAFOOD, THE COUNTRY WHERE IT WAS RAISED OR CAUGHT, AND WHETHER IT WAS RAISED OR CAUGHT WILD, IS AVAILABLE UPON REQUEST" or other similar statement.  (b) (1) Enforcement of this section shall be pursuant to Section 113713. (2) (A) A violation of this section is, notwithstanding Section 114395, an infraction, punishable by a fine of not less than fifty dollars ($50) nor more than five hundred dollars ($500). A second violation within a five-year period from a prior violation shall be punishable by a fine of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000). For a third or subsequent violation within a five-year period, the fine shall be not less than two hundred fifty dollars ($250) nor more than two thousand five hundred dollars ($2,500). A food facility shall not be found to have committed a violation under this paragraph more than once during an inspection visit. (B) Alternatively, the enforcement agency may assess a civil penalty of an amount that is no less than or greater than the amounts specified for fines in this paragraph.  (3) A food facility shall not be liable for a violation of this section if the food facility was provided false or inaccurate information from the wholesaler, seafood distributor, or other entity that provides the food facility with the seafood.  (c) For purposes of this section, all of the following definitions shall apply: (1) "Food facility" means a food facility in the state that operates as part of a chain with at least 19 other food facilities doing business with the same name and offering for sale substantially the same menu items. (2) "Seafood" means naturally born, hatchery-raised, net-pen aquacultural, or farm-raised fish and shellfish. "Seafood" includes a fillet, steak, nugget, and any other flesh from fish or shellfish  , even if the fish or shellfish is processed, breaded, and battered . SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, 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. However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.