California 2023 2023-2024 Regular Session

California Assembly Bill AB2066 Amended / Bill

Filed 04/08/2024

                    Amended IN  Assembly  April 08, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 2066Introduced by Assembly Member ReyesFebruary 01, 2024An act to add Section 109027 to the Health and Safety Code, relating to food.LEGISLATIVE COUNSEL'S DIGESTAB 2066, as amended, Reyes. The California Food Safety Act.Existing law, the California Food Safety Act, prohibits a person or entity from manufacturing, selling, delivering, distributing, holding, or offering for sale in commerce a food product for human consumption that contains a specified substance, including, among others, red dye 3.This bill, commencing January 1, 2027, would prohibit a person or entity from using methylene chloride in the process of decaffeinating coffee. coffee, or selling, delivering, distributing, holding, or offering for sale in commerce coffee that has been decaffeinated in a process using methylene chloride. The bill would make a violation of these provisions punishable by a civil penalty not to exceed $5,000 for a first violation and not to exceed $10,000 for each subsequent violation, upon an action brought by the Attorney General, a city attorney, a county counsel, or a district attorney.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 109027 is added to the Health and Safety Code, to read:109027. (a) Commencing January 1, 2027, a person or entity shall not use do either of the following:(1) Use methylene chloride, also known as dichloromethane, in the process of decaffeinating coffee.(2) Sell, deliver, distribute, hold, or offer for sale in commerce coffee that has been decaffeinated in a process using methylene chloride.(b) (1) Upon an action brought by the Attorney General, a city attorney, a county counsel, or a district attorney, a person or entity that violates subdivision (a) shall be liable for a civil penalty not to exceed five thousand dollars ($5,000) for a first violation, and not to exceed ten thousand dollars ($10,000) for each subsequent violation.(2) This section does not impair or impede any other rights, causes of action, claims, or defenses available under any other law. The remedies provided in this section are cumulative with any other remedies available under any other law.

 Amended IN  Assembly  April 08, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 2066Introduced by Assembly Member ReyesFebruary 01, 2024An act to add Section 109027 to the Health and Safety Code, relating to food.LEGISLATIVE COUNSEL'S DIGESTAB 2066, as amended, Reyes. The California Food Safety Act.Existing law, the California Food Safety Act, prohibits a person or entity from manufacturing, selling, delivering, distributing, holding, or offering for sale in commerce a food product for human consumption that contains a specified substance, including, among others, red dye 3.This bill, commencing January 1, 2027, would prohibit a person or entity from using methylene chloride in the process of decaffeinating coffee. coffee, or selling, delivering, distributing, holding, or offering for sale in commerce coffee that has been decaffeinated in a process using methylene chloride. The bill would make a violation of these provisions punishable by a civil penalty not to exceed $5,000 for a first violation and not to exceed $10,000 for each subsequent violation, upon an action brought by the Attorney General, a city attorney, a county counsel, or a district attorney.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: NO 

 Amended IN  Assembly  April 08, 2024

Amended IN  Assembly  April 08, 2024

 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION

 Assembly Bill 

No. 2066

Introduced by Assembly Member ReyesFebruary 01, 2024

Introduced by Assembly Member Reyes
February 01, 2024

An act to add Section 109027 to the Health and Safety Code, relating to food.

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

AB 2066, as amended, Reyes. The California Food Safety Act.

Existing law, the California Food Safety Act, prohibits a person or entity from manufacturing, selling, delivering, distributing, holding, or offering for sale in commerce a food product for human consumption that contains a specified substance, including, among others, red dye 3.This bill, commencing January 1, 2027, would prohibit a person or entity from using methylene chloride in the process of decaffeinating coffee. coffee, or selling, delivering, distributing, holding, or offering for sale in commerce coffee that has been decaffeinated in a process using methylene chloride. The bill would make a violation of these provisions punishable by a civil penalty not to exceed $5,000 for a first violation and not to exceed $10,000 for each subsequent violation, upon an action brought by the Attorney General, a city attorney, a county counsel, or a district attorney.

Existing law, the California Food Safety Act, prohibits a person or entity from manufacturing, selling, delivering, distributing, holding, or offering for sale in commerce a food product for human consumption that contains a specified substance, including, among others, red dye 3.

This bill, commencing January 1, 2027, would prohibit a person or entity from using methylene chloride in the process of decaffeinating coffee. coffee, or selling, delivering, distributing, holding, or offering for sale in commerce coffee that has been decaffeinated in a process using methylene chloride. The bill would make a violation of these provisions punishable by a civil penalty not to exceed $5,000 for a first violation and not to exceed $10,000 for each subsequent violation, upon an action brought by the Attorney General, a city attorney, a county counsel, or a district attorney.

## Digest Key

## Bill Text

The people of the State of California do enact as follows:SECTION 1. Section 109027 is added to the Health and Safety Code, to read:109027. (a) Commencing January 1, 2027, a person or entity shall not use do either of the following:(1) Use methylene chloride, also known as dichloromethane, in the process of decaffeinating coffee.(2) Sell, deliver, distribute, hold, or offer for sale in commerce coffee that has been decaffeinated in a process using methylene chloride.(b) (1) Upon an action brought by the Attorney General, a city attorney, a county counsel, or a district attorney, a person or entity that violates subdivision (a) shall be liable for a civil penalty not to exceed five thousand dollars ($5,000) for a first violation, and not to exceed ten thousand dollars ($10,000) for each subsequent violation.(2) This section does not impair or impede any other rights, causes of action, claims, or defenses available under any other law. The remedies provided in this section are cumulative with any other remedies available under any other law.

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 109027 is added to the Health and Safety Code, to read:109027. (a) Commencing January 1, 2027, a person or entity shall not use do either of the following:(1) Use methylene chloride, also known as dichloromethane, in the process of decaffeinating coffee.(2) Sell, deliver, distribute, hold, or offer for sale in commerce coffee that has been decaffeinated in a process using methylene chloride.(b) (1) Upon an action brought by the Attorney General, a city attorney, a county counsel, or a district attorney, a person or entity that violates subdivision (a) shall be liable for a civil penalty not to exceed five thousand dollars ($5,000) for a first violation, and not to exceed ten thousand dollars ($10,000) for each subsequent violation.(2) This section does not impair or impede any other rights, causes of action, claims, or defenses available under any other law. The remedies provided in this section are cumulative with any other remedies available under any other law.

SECTION 1. Section 109027 is added to the Health and Safety Code, to read:

### SECTION 1.

109027. (a) Commencing January 1, 2027, a person or entity shall not use do either of the following:(1) Use methylene chloride, also known as dichloromethane, in the process of decaffeinating coffee.(2) Sell, deliver, distribute, hold, or offer for sale in commerce coffee that has been decaffeinated in a process using methylene chloride.(b) (1) Upon an action brought by the Attorney General, a city attorney, a county counsel, or a district attorney, a person or entity that violates subdivision (a) shall be liable for a civil penalty not to exceed five thousand dollars ($5,000) for a first violation, and not to exceed ten thousand dollars ($10,000) for each subsequent violation.(2) This section does not impair or impede any other rights, causes of action, claims, or defenses available under any other law. The remedies provided in this section are cumulative with any other remedies available under any other law.

109027. (a) Commencing January 1, 2027, a person or entity shall not use do either of the following:(1) Use methylene chloride, also known as dichloromethane, in the process of decaffeinating coffee.(2) Sell, deliver, distribute, hold, or offer for sale in commerce coffee that has been decaffeinated in a process using methylene chloride.(b) (1) Upon an action brought by the Attorney General, a city attorney, a county counsel, or a district attorney, a person or entity that violates subdivision (a) shall be liable for a civil penalty not to exceed five thousand dollars ($5,000) for a first violation, and not to exceed ten thousand dollars ($10,000) for each subsequent violation.(2) This section does not impair or impede any other rights, causes of action, claims, or defenses available under any other law. The remedies provided in this section are cumulative with any other remedies available under any other law.

109027. (a) Commencing January 1, 2027, a person or entity shall not use do either of the following:(1) Use methylene chloride, also known as dichloromethane, in the process of decaffeinating coffee.(2) Sell, deliver, distribute, hold, or offer for sale in commerce coffee that has been decaffeinated in a process using methylene chloride.(b) (1) Upon an action brought by the Attorney General, a city attorney, a county counsel, or a district attorney, a person or entity that violates subdivision (a) shall be liable for a civil penalty not to exceed five thousand dollars ($5,000) for a first violation, and not to exceed ten thousand dollars ($10,000) for each subsequent violation.(2) This section does not impair or impede any other rights, causes of action, claims, or defenses available under any other law. The remedies provided in this section are cumulative with any other remedies available under any other law.



109027. (a) Commencing January 1, 2027, a person or entity shall not use do either of the following:

(1) Use methylene chloride, also known as dichloromethane, in the process of decaffeinating coffee.

(2) Sell, deliver, distribute, hold, or offer for sale in commerce coffee that has been decaffeinated in a process using methylene chloride.

(b) (1) Upon an action brought by the Attorney General, a city attorney, a county counsel, or a district attorney, a person or entity that violates subdivision (a) shall be liable for a civil penalty not to exceed five thousand dollars ($5,000) for a first violation, and not to exceed ten thousand dollars ($10,000) for each subsequent violation.

(2) This section does not impair or impede any other rights, causes of action, claims, or defenses available under any other law. The remedies provided in this section are cumulative with any other remedies available under any other law.