California Senate Bill SB633 Amended / Bill

 BILL NUMBER: SB 633AMENDED BILL TEXT AMENDED IN ASSEMBLY JULY 2, 2015 AMENDED IN SENATE MAY 19, 2015 AMENDED IN SENATE APRIL 14, 2015 INTRODUCED BY Senator Hill  (   Principal coauthor:   Assembly Member   Jones   )  (Coauthor: Senator De Len) FEBRUARY 27, 2015 An act to amend Section 17533.7 of the Business and Professions Code, relating to false advertising. LEGISLATIVE COUNSEL'S DIGEST SB 633, as amended, Hill. Consumer protection: "Made in U.S.A." label. Existing law prohibits the sale or offering of sale in the state of any merchandise on which merchandise or on its container appears the words, "Made in U.S.A.," "Made in America," "U.S.A.," or similar words when the merchandise or any article, unit, or part thereof, has been entirely or substantially made, manufactured, or produced outside of the United States. This bill would exempt from the prohibition merchandise made, manufactured, or produced in the United States if either the merchandise has  an article, unit, or part that does   one or more articles, units, or parts from outside the United States if they   do  not constitute more than 5% of the final product or the manufacturer makes a specified showing  regarding the articles, units, or parts from outside the United States  and  the article, unit, or part does   they do  not constitute more than 10% of the final product. The bill would also exempt merchandise sold for resale to consumers outside of the state. 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. Section 17533.7 of the Business and Professions Code is amended to read: 17533.7. (a) It is unlawful for any person, firm,  corporation   corporation,  or association to sell or offer for sale in this 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 if the merchandise or any article, unit, or part thereof, has been entirely or substantially made, manufactured, or produced outside of the United States. (b) This section shall not apply to merchandise made, manufactured, or produced in the United States that has  an article, unit, or part   one or more articles, units, or parts  from outside of the United States, if  the article, unit, or part   all of the articles, units, or parts  of the merchandise obtained from outside the United States  constitutes   constitute  not more than 5 percent of the final manufactured product. (c) (1) This section shall not apply to merchandise made, manufactured, or produced in the United States that has  an article, unit, or part   one or more articles, units, or parts  from outside of the United States, if both of the following apply: (A) The manufacturer of the merchandise shows that it can neither produce the article, unit, or part within the United States nor obtain the article, unit, or part of the merchandise from a domestic source. (B)  The article, unit, or part   All of the articles, units, or parts  of the merchandise obtained from outside the United States  constitutes   constitute  not more than 10 percent of the final manufactured product. (2) The determination that the article, unit, or part of the merchandise cannot be made, manufactured, produced, or obtained within the United States from a domestic source shall not be based on the cost of the article, unit, or part. (d) This section shall not apply to merchandise sold for resale to consumers outside of California. (e) For purposes of this section, goods sold or offered for sale outside of California shall not be deemed mislabeled if the label conforms to the law of the forum state or country within which they are sold or offered for sale.