California 2015-2016 Regular Session

California Assembly Bill AB312 Latest Draft

Bill / Introduced Version Filed 02/12/2015

 BILL NUMBER: AB 312INTRODUCED BILL TEXT INTRODUCED BY Assembly Member Jones (Coauthors: Assembly Members Travis Allen, Chang, Waldron, and Wilk) FEBRUARY 12, 2015 An act to amend Section 17533.7 of the Business and Professions Code, relating to advertising. LEGISLATIVE COUNSEL'S DIGEST AB 312, as introduced, Jones. Advertising. Existing law makes it unlawful for any person, firm, corporation, or association to sell, or offer for sale, merchandise that advertises itself as being made or manufactured in the United States when any article, unit, or part of the merchandise has been entirely or substantially made, manufactured, or produced outside of the United States. This bill would instead make it unlawful for any person, firm, corporation, or association to sell, or offer for sale, merchandise that advertises itself as being made or manufactured in the United States unless the merchandise has been all or virtually all made in the Unites States, and provides that "all or virtually all" has the same meaning as a specified policy statement of the Federal Trade Commission. The bill would also state the intent of the Legislature in enacting the bill. Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. It is the intent of the Legislature in enacting this measure to clarify existing state law with respect to federal law in order to improve the state's ability to successfully compete with other states and nations for jobs, investments, and manufacturing. SEC. 2. Section 17533.7 of the Business and Professions Code is amended to read: 17533.7.  (a)    It is unlawful for any person, firm, corporation  ,  or association to sell or offer for sale in this State   state  any merchandise on which merchandise or on its container there appears the words "Made in U.S.A.  ,  " "Made in America," "U.S.A.," or similar words  when   unless  the merchandise  or any article, unit, or part thereof,  has been  entirely or substantially made, manufactured, or produced outside of   all or virtually all made in  the United States.  (b) For purposes of subdivision (a), merchandise that is "all or virtually all" made in the United States has the same meaning as in the Enforcement Policy Statement on U.S. Origin Claims issued by the Federal Trade Commission (62 Fed. Reg. 63756 (Dec. 2, 1997)).