California 2019 2019-2020 Regular Session

California Assembly Bill AB619 Amended / Bill

Filed 03/07/2019

                    Amended IN  Assembly  March 07, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 619Introduced by Assembly Member ChiuFebruary 15, 2019 An act to amend Section 151001 Sections 114121 and 114353 of the Health and Safety Code, relating to sexual health education. retail food facilities.LEGISLATIVE COUNSEL'S DIGESTAB 619, as amended, Chiu. Sexual health education programs. Retail food: reusable containers: multiuse utensils.Existing law, 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, and a person who violates any provision of the code is guilty of a misdemeanor, except as otherwise provided.Existing law requires returned empty containers intended for refilling with food or beverage to be cleaned and refilled in an approved facility, except that consumer-owned containers may be refilled and returned to the same consumer if the container is refilled by an employee of the food facility or the owner of the container and the dispensing system includes a contamination-free transfer process.This bill would instead provide that clean consumer-owned containers provided or returned to the food facility for filling may be filled by either the employee or the owner of the container, and would require the food facility to isolate the consumer-owned containers from the serving surface or sanitize the serving surface after each filling. The bill would require the food facility to prepare, maintain, and adhere to written procedures to prevent cross-contamination, and to make the written procedures available to the enforcement agency.Existing law defines a temporary food facility, for purposes of the California Retail Food Code, as a food facility approved by the enforcement officer that operates at a fixed location for the duration of an approved community event or at a swap meet and only as a part of the community event or swap meet. Under existing law, a temporary food facility is required to provide single-use articles for use by the consumer.This bill would authorize a local enforcement agency to allow a temporary food facility to use multiuse utensils that are cleaned, rinsed, and sanitized at either the temporary food facility or an approved food facility.Because any violation of these provisions would be a 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.Existing law, the Sexual Health Education Accountability Act, requires, with certain exceptions, every sexual health education program, as defined, that provides education to prevent adolescent or unintended pregnancy or to prevent sexually transmitted infections and that is conducted, operated, or administered by the state or any state agency, or is funded directly or indirectly by the state, or receives any financial assistance from state funds or funds administered by the state, to meet specified requirements. Existing law defines specified terms relating to the act.This bill would make technical, nonsubstantive changes to this provision.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: NOYES  Local Program: NOYES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 114121 of the Health and Safety Code is amended to read:114121. (a) Except as specified in subdivisions (b) and (b), (c), and (d), returned empty containers intended for refilling filling with food or beverage shall be cleaned and refilled filled in an approved facility.(b) Consumer-owned (1) Clean consumer-owned containers provided or returned to the food facility for refilling filling may be refilled filled and returned to the same consumer if the container is refilled filled by either an employee of the food facility or the owner of the container if the dispensing system includes a contamination free transfer process that cannot be bypassed by the container owner. container.(2) The food facility shall either isolate the consumer-owned containers from the serving surface or sanitize the serving surface after each filling.(c) The food facility shall prepare, maintain, and adhere to written procedures to prevent cross-contamination, as described in Section 113986, and the written procedures shall address waste water disposal. The food facility shall make the written procedures available to the enforcement agency upon request or at the time of an inspection.(c)(d) Consumer-owned containers that are not food specific may be filled at a water vending machine or system.(e) The food facility shall ensure compliance with the handwashing requirements specified in Article 4 (commencing with Section 113952) of Chapter 3.SEC. 2. Section 114353 of the Health and Safety Code is amended to read:114353. A (a) Except as provided in subdivision (b), a temporary food facility shall provide only single-use articles for use by the consumer.(b) Based on local environmental conditions, location, and similar factors, including the type and number of utensils, as defined in Section 113934, the volume and storage of potable water for warewashing, as defined in Section 113940, and waste water capacity, the local enforcement agency may allow a temporary food facility to use multiuse utensils that are cleaned, rinsed, and sanitized pursuant to Chapter 5 (commencing with Section 114095), as applicable, at either the temporary food facility or an approved food facility.SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.SECTION 1.Section 151001 of the Health and Safety Code is amended to read:151001.The following definitions shall apply for purposes of this division:(a)Age appropriate means topics, messages, and teaching methods that are suitable to particular ages or age groups of children and adolescents, based on developing cognitive, emotional, and behavioral capacity typical for the age or age group.(b)Sexual health education program means a program that provides either instruction or information to prevent adolescent pregnancy, unintended pregnancy, or sexually transmitted diseases, including HIV, that is conducted, operated, or administered by a state agency, is funded directly or indirectly by the state, or receives any financial assistance from either state funds or funds administered by a state agency. Sexual health education program does not include a program offered by a school district, a county superintendent of schools, or a community college district.(c)(1)Medically accurate means verified or supported by research conducted in compliance with scientific methods and published in peer review journals, when appropriate, and recognized as accurate and objective by professional organizations and agencies with expertise in the relevant field. (2)Professional organizations and agencies means, but is not limited to, the federal Centers for Disease Control and Prevention, the American Public Health Association, the Society for Adolescent Health and Medicine, the American Academy of Pediatrics, and the American College of Obstetricians and Gynecologists.

 Amended IN  Assembly  March 07, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 619Introduced by Assembly Member ChiuFebruary 15, 2019 An act to amend Section 151001 Sections 114121 and 114353 of the Health and Safety Code, relating to sexual health education. retail food facilities.LEGISLATIVE COUNSEL'S DIGESTAB 619, as amended, Chiu. Sexual health education programs. Retail food: reusable containers: multiuse utensils.Existing law, 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, and a person who violates any provision of the code is guilty of a misdemeanor, except as otherwise provided.Existing law requires returned empty containers intended for refilling with food or beverage to be cleaned and refilled in an approved facility, except that consumer-owned containers may be refilled and returned to the same consumer if the container is refilled by an employee of the food facility or the owner of the container and the dispensing system includes a contamination-free transfer process.This bill would instead provide that clean consumer-owned containers provided or returned to the food facility for filling may be filled by either the employee or the owner of the container, and would require the food facility to isolate the consumer-owned containers from the serving surface or sanitize the serving surface after each filling. The bill would require the food facility to prepare, maintain, and adhere to written procedures to prevent cross-contamination, and to make the written procedures available to the enforcement agency.Existing law defines a temporary food facility, for purposes of the California Retail Food Code, as a food facility approved by the enforcement officer that operates at a fixed location for the duration of an approved community event or at a swap meet and only as a part of the community event or swap meet. Under existing law, a temporary food facility is required to provide single-use articles for use by the consumer.This bill would authorize a local enforcement agency to allow a temporary food facility to use multiuse utensils that are cleaned, rinsed, and sanitized at either the temporary food facility or an approved food facility.Because any violation of these provisions would be a 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.Existing law, the Sexual Health Education Accountability Act, requires, with certain exceptions, every sexual health education program, as defined, that provides education to prevent adolescent or unintended pregnancy or to prevent sexually transmitted infections and that is conducted, operated, or administered by the state or any state agency, or is funded directly or indirectly by the state, or receives any financial assistance from state funds or funds administered by the state, to meet specified requirements. Existing law defines specified terms relating to the act.This bill would make technical, nonsubstantive changes to this provision.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: NOYES  Local Program: NOYES 

 Amended IN  Assembly  March 07, 2019

Amended IN  Assembly  March 07, 2019

 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION

Assembly Bill No. 619

Introduced by Assembly Member ChiuFebruary 15, 2019

Introduced by Assembly Member Chiu
February 15, 2019

 An act to amend Section 151001 Sections 114121 and 114353 of the Health and Safety Code, relating to sexual health education. retail food facilities.

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

AB 619, as amended, Chiu. Sexual health education programs. Retail food: reusable containers: multiuse utensils.

Existing law, 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, and a person who violates any provision of the code is guilty of a misdemeanor, except as otherwise provided.Existing law requires returned empty containers intended for refilling with food or beverage to be cleaned and refilled in an approved facility, except that consumer-owned containers may be refilled and returned to the same consumer if the container is refilled by an employee of the food facility or the owner of the container and the dispensing system includes a contamination-free transfer process.This bill would instead provide that clean consumer-owned containers provided or returned to the food facility for filling may be filled by either the employee or the owner of the container, and would require the food facility to isolate the consumer-owned containers from the serving surface or sanitize the serving surface after each filling. The bill would require the food facility to prepare, maintain, and adhere to written procedures to prevent cross-contamination, and to make the written procedures available to the enforcement agency.Existing law defines a temporary food facility, for purposes of the California Retail Food Code, as a food facility approved by the enforcement officer that operates at a fixed location for the duration of an approved community event or at a swap meet and only as a part of the community event or swap meet. Under existing law, a temporary food facility is required to provide single-use articles for use by the consumer.This bill would authorize a local enforcement agency to allow a temporary food facility to use multiuse utensils that are cleaned, rinsed, and sanitized at either the temporary food facility or an approved food facility.Because any violation of these provisions would be a 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.Existing law, the Sexual Health Education Accountability Act, requires, with certain exceptions, every sexual health education program, as defined, that provides education to prevent adolescent or unintended pregnancy or to prevent sexually transmitted infections and that is conducted, operated, or administered by the state or any state agency, or is funded directly or indirectly by the state, or receives any financial assistance from state funds or funds administered by the state, to meet specified requirements. Existing law defines specified terms relating to the act.This bill would make technical, nonsubstantive changes to this provision.

Existing law, 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, and a person who violates any provision of the code is guilty of a misdemeanor, except as otherwise provided.

Existing law requires returned empty containers intended for refilling with food or beverage to be cleaned and refilled in an approved facility, except that consumer-owned containers may be refilled and returned to the same consumer if the container is refilled by an employee of the food facility or the owner of the container and the dispensing system includes a contamination-free transfer process.

This bill would instead provide that clean consumer-owned containers provided or returned to the food facility for filling may be filled by either the employee or the owner of the container, and would require the food facility to isolate the consumer-owned containers from the serving surface or sanitize the serving surface after each filling. The bill would require the food facility to prepare, maintain, and adhere to written procedures to prevent cross-contamination, and to make the written procedures available to the enforcement agency.

Existing law defines a temporary food facility, for purposes of the California Retail Food Code, as a food facility approved by the enforcement officer that operates at a fixed location for the duration of an approved community event or at a swap meet and only as a part of the community event or swap meet. Under existing law, a temporary food facility is required to provide single-use articles for use by the consumer.

This bill would authorize a local enforcement agency to allow a temporary food facility to use multiuse utensils that are cleaned, rinsed, and sanitized at either the temporary food facility or an approved food facility.

Because any violation of these provisions would be a 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.

Existing law, the Sexual Health Education Accountability Act, requires, with certain exceptions, every sexual health education program, as defined, that provides education to prevent adolescent or unintended pregnancy or to prevent sexually transmitted infections and that is conducted, operated, or administered by the state or any state agency, or is funded directly or indirectly by the state, or receives any financial assistance from state funds or funds administered by the state, to meet specified requirements. Existing law defines specified terms relating to the act.



This bill would make technical, nonsubstantive changes to this provision.



## Digest Key

## Bill Text

The people of the State of California do enact as follows:SECTION 1. Section 114121 of the Health and Safety Code is amended to read:114121. (a) Except as specified in subdivisions (b) and (b), (c), and (d), returned empty containers intended for refilling filling with food or beverage shall be cleaned and refilled filled in an approved facility.(b) Consumer-owned (1) Clean consumer-owned containers provided or returned to the food facility for refilling filling may be refilled filled and returned to the same consumer if the container is refilled filled by either an employee of the food facility or the owner of the container if the dispensing system includes a contamination free transfer process that cannot be bypassed by the container owner. container.(2) The food facility shall either isolate the consumer-owned containers from the serving surface or sanitize the serving surface after each filling.(c) The food facility shall prepare, maintain, and adhere to written procedures to prevent cross-contamination, as described in Section 113986, and the written procedures shall address waste water disposal. The food facility shall make the written procedures available to the enforcement agency upon request or at the time of an inspection.(c)(d) Consumer-owned containers that are not food specific may be filled at a water vending machine or system.(e) The food facility shall ensure compliance with the handwashing requirements specified in Article 4 (commencing with Section 113952) of Chapter 3.SEC. 2. Section 114353 of the Health and Safety Code is amended to read:114353. A (a) Except as provided in subdivision (b), a temporary food facility shall provide only single-use articles for use by the consumer.(b) Based on local environmental conditions, location, and similar factors, including the type and number of utensils, as defined in Section 113934, the volume and storage of potable water for warewashing, as defined in Section 113940, and waste water capacity, the local enforcement agency may allow a temporary food facility to use multiuse utensils that are cleaned, rinsed, and sanitized pursuant to Chapter 5 (commencing with Section 114095), as applicable, at either the temporary food facility or an approved food facility.SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.SECTION 1.Section 151001 of the Health and Safety Code is amended to read:151001.The following definitions shall apply for purposes of this division:(a)Age appropriate means topics, messages, and teaching methods that are suitable to particular ages or age groups of children and adolescents, based on developing cognitive, emotional, and behavioral capacity typical for the age or age group.(b)Sexual health education program means a program that provides either instruction or information to prevent adolescent pregnancy, unintended pregnancy, or sexually transmitted diseases, including HIV, that is conducted, operated, or administered by a state agency, is funded directly or indirectly by the state, or receives any financial assistance from either state funds or funds administered by a state agency. Sexual health education program does not include a program offered by a school district, a county superintendent of schools, or a community college district.(c)(1)Medically accurate means verified or supported by research conducted in compliance with scientific methods and published in peer review journals, when appropriate, and recognized as accurate and objective by professional organizations and agencies with expertise in the relevant field. (2)Professional organizations and agencies means, but is not limited to, the federal Centers for Disease Control and Prevention, the American Public Health Association, the Society for Adolescent Health and Medicine, the American Academy of Pediatrics, and the American College of Obstetricians and Gynecologists.

The people of the State of California do enact as follows:

## The people of the State of California do enact as follows:

SECTION 1. Section 114121 of the Health and Safety Code is amended to read:114121. (a) Except as specified in subdivisions (b) and (b), (c), and (d), returned empty containers intended for refilling filling with food or beverage shall be cleaned and refilled filled in an approved facility.(b) Consumer-owned (1) Clean consumer-owned containers provided or returned to the food facility for refilling filling may be refilled filled and returned to the same consumer if the container is refilled filled by either an employee of the food facility or the owner of the container if the dispensing system includes a contamination free transfer process that cannot be bypassed by the container owner. container.(2) The food facility shall either isolate the consumer-owned containers from the serving surface or sanitize the serving surface after each filling.(c) The food facility shall prepare, maintain, and adhere to written procedures to prevent cross-contamination, as described in Section 113986, and the written procedures shall address waste water disposal. The food facility shall make the written procedures available to the enforcement agency upon request or at the time of an inspection.(c)(d) Consumer-owned containers that are not food specific may be filled at a water vending machine or system.(e) The food facility shall ensure compliance with the handwashing requirements specified in Article 4 (commencing with Section 113952) of Chapter 3.

SECTION 1. Section 114121 of the Health and Safety Code is amended to read:

### SECTION 1.

114121. (a) Except as specified in subdivisions (b) and (b), (c), and (d), returned empty containers intended for refilling filling with food or beverage shall be cleaned and refilled filled in an approved facility.(b) Consumer-owned (1) Clean consumer-owned containers provided or returned to the food facility for refilling filling may be refilled filled and returned to the same consumer if the container is refilled filled by either an employee of the food facility or the owner of the container if the dispensing system includes a contamination free transfer process that cannot be bypassed by the container owner. container.(2) The food facility shall either isolate the consumer-owned containers from the serving surface or sanitize the serving surface after each filling.(c) The food facility shall prepare, maintain, and adhere to written procedures to prevent cross-contamination, as described in Section 113986, and the written procedures shall address waste water disposal. The food facility shall make the written procedures available to the enforcement agency upon request or at the time of an inspection.(c)(d) Consumer-owned containers that are not food specific may be filled at a water vending machine or system.(e) The food facility shall ensure compliance with the handwashing requirements specified in Article 4 (commencing with Section 113952) of Chapter 3.

114121. (a) Except as specified in subdivisions (b) and (b), (c), and (d), returned empty containers intended for refilling filling with food or beverage shall be cleaned and refilled filled in an approved facility.(b) Consumer-owned (1) Clean consumer-owned containers provided or returned to the food facility for refilling filling may be refilled filled and returned to the same consumer if the container is refilled filled by either an employee of the food facility or the owner of the container if the dispensing system includes a contamination free transfer process that cannot be bypassed by the container owner. container.(2) The food facility shall either isolate the consumer-owned containers from the serving surface or sanitize the serving surface after each filling.(c) The food facility shall prepare, maintain, and adhere to written procedures to prevent cross-contamination, as described in Section 113986, and the written procedures shall address waste water disposal. The food facility shall make the written procedures available to the enforcement agency upon request or at the time of an inspection.(c)(d) Consumer-owned containers that are not food specific may be filled at a water vending machine or system.(e) The food facility shall ensure compliance with the handwashing requirements specified in Article 4 (commencing with Section 113952) of Chapter 3.

114121. (a) Except as specified in subdivisions (b) and (b), (c), and (d), returned empty containers intended for refilling filling with food or beverage shall be cleaned and refilled filled in an approved facility.(b) Consumer-owned (1) Clean consumer-owned containers provided or returned to the food facility for refilling filling may be refilled filled and returned to the same consumer if the container is refilled filled by either an employee of the food facility or the owner of the container if the dispensing system includes a contamination free transfer process that cannot be bypassed by the container owner. container.(2) The food facility shall either isolate the consumer-owned containers from the serving surface or sanitize the serving surface after each filling.(c) The food facility shall prepare, maintain, and adhere to written procedures to prevent cross-contamination, as described in Section 113986, and the written procedures shall address waste water disposal. The food facility shall make the written procedures available to the enforcement agency upon request or at the time of an inspection.(c)(d) Consumer-owned containers that are not food specific may be filled at a water vending machine or system.(e) The food facility shall ensure compliance with the handwashing requirements specified in Article 4 (commencing with Section 113952) of Chapter 3.



114121. (a) Except as specified in subdivisions (b) and (b), (c), and (d), returned empty containers intended for refilling filling with food or beverage shall be cleaned and refilled filled in an approved facility.

(b) Consumer-owned (1) Clean consumer-owned containers provided or returned to the food facility for refilling filling may be refilled filled and returned to the same consumer if the container is refilled filled by either an employee of the food facility or the owner of the container if the dispensing system includes a contamination free transfer process that cannot be bypassed by the container owner. container.

(2) The food facility shall either isolate the consumer-owned containers from the serving surface or sanitize the serving surface after each filling.

(c) The food facility shall prepare, maintain, and adhere to written procedures to prevent cross-contamination, as described in Section 113986, and the written procedures shall address waste water disposal. The food facility shall make the written procedures available to the enforcement agency upon request or at the time of an inspection.

(c)



(d) Consumer-owned containers that are not food specific may be filled at a water vending machine or system.

(e) The food facility shall ensure compliance with the handwashing requirements specified in Article 4 (commencing with Section 113952) of Chapter 3.

SEC. 2. Section 114353 of the Health and Safety Code is amended to read:114353. A (a) Except as provided in subdivision (b), a temporary food facility shall provide only single-use articles for use by the consumer.(b) Based on local environmental conditions, location, and similar factors, including the type and number of utensils, as defined in Section 113934, the volume and storage of potable water for warewashing, as defined in Section 113940, and waste water capacity, the local enforcement agency may allow a temporary food facility to use multiuse utensils that are cleaned, rinsed, and sanitized pursuant to Chapter 5 (commencing with Section 114095), as applicable, at either the temporary food facility or an approved food facility.

SEC. 2. Section 114353 of the Health and Safety Code is amended to read:

### SEC. 2.

114353. A (a) Except as provided in subdivision (b), a temporary food facility shall provide only single-use articles for use by the consumer.(b) Based on local environmental conditions, location, and similar factors, including the type and number of utensils, as defined in Section 113934, the volume and storage of potable water for warewashing, as defined in Section 113940, and waste water capacity, the local enforcement agency may allow a temporary food facility to use multiuse utensils that are cleaned, rinsed, and sanitized pursuant to Chapter 5 (commencing with Section 114095), as applicable, at either the temporary food facility or an approved food facility.

114353. A (a) Except as provided in subdivision (b), a temporary food facility shall provide only single-use articles for use by the consumer.(b) Based on local environmental conditions, location, and similar factors, including the type and number of utensils, as defined in Section 113934, the volume and storage of potable water for warewashing, as defined in Section 113940, and waste water capacity, the local enforcement agency may allow a temporary food facility to use multiuse utensils that are cleaned, rinsed, and sanitized pursuant to Chapter 5 (commencing with Section 114095), as applicable, at either the temporary food facility or an approved food facility.

114353. A (a) Except as provided in subdivision (b), a temporary food facility shall provide only single-use articles for use by the consumer.(b) Based on local environmental conditions, location, and similar factors, including the type and number of utensils, as defined in Section 113934, the volume and storage of potable water for warewashing, as defined in Section 113940, and waste water capacity, the local enforcement agency may allow a temporary food facility to use multiuse utensils that are cleaned, rinsed, and sanitized pursuant to Chapter 5 (commencing with Section 114095), as applicable, at either the temporary food facility or an approved food facility.



114353. A (a) Except as provided in subdivision (b), a temporary food facility shall provide only single-use articles for use by the consumer.

(b) Based on local environmental conditions, location, and similar factors, including the type and number of utensils, as defined in Section 113934, the volume and storage of potable water for warewashing, as defined in Section 113940, and waste water capacity, the local enforcement agency may allow a temporary food facility to use multiuse utensils that are cleaned, rinsed, and sanitized pursuant to Chapter 5 (commencing with Section 114095), as applicable, at either the temporary food facility or an approved food facility.

SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.

SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.

SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.

### SEC. 3.





The following definitions shall apply for purposes of this division:



(a)Age appropriate means topics, messages, and teaching methods that are suitable to particular ages or age groups of children and adolescents, based on developing cognitive, emotional, and behavioral capacity typical for the age or age group.



(b)Sexual health education program means a program that provides either instruction or information to prevent adolescent pregnancy, unintended pregnancy, or sexually transmitted diseases, including HIV, that is conducted, operated, or administered by a state agency, is funded directly or indirectly by the state, or receives any financial assistance from either state funds or funds administered by a state agency. Sexual health education program does not include a program offered by a school district, a county superintendent of schools, or a community college district.



(c)(1)Medically accurate means verified or supported by research conducted in compliance with scientific methods and published in peer review journals, when appropriate, and recognized as accurate and objective by professional organizations and agencies with expertise in the relevant field.



 (2)Professional organizations and agencies means, but is not limited to, the federal Centers for Disease Control and Prevention, the American Public Health Association, the Society for Adolescent Health and Medicine, the American Academy of Pediatrics, and the American College of Obstetricians and Gynecologists.