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SB-1138 Fish and shellfish: labeling and identification.(2013-2014)

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SB1138:v97#DOCUMENT

Amended  IN  Assembly  June 24, 2014
Amended  IN  Assembly  June 11, 2014

CALIFORNIA LEGISLATURE— 2013–2014 REGULAR SESSION

Senate Bill No. 1138


Introduced by Senator Padilla

February 20, 2014


An act to add Sections 110796 and 114092 to the Health and Safety Code, relating to fish and shellfish.


LEGISLATIVE COUNSEL'S DIGEST


SB 1138, as amended, Padilla. Fish and shellfish: labeling and menu labeling. identification.
(1) Existing federal law, the Federal Food, Drug, and Cosmetic Act, regulates, among other things, the labeling of foods introduced or delivered for introduction into interstate commerce and generally prohibits the misbranding of food. Existing state law, the Sherman Food, Drug, and Cosmetic Law, generally regulates misbranded food, which includes food that is not properly labeled. A violation of these provisions is a crime.
This bill would require any label of fresh, frozen, or processed fish or shellfish, wild or farm raised, offered for sale at wholesale or retail to clearly identify specified information, including the species of fish or shellfish by its common name, as specified. The bill would provide that knowingly selling or offering for sale any fish or shellfish that is labeled in violation of this requirement constitutes misbranding. By creating a new crime, this bill would impose a state-mandated local program.
(2) 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. A violation of any of these provisions is punishable as a crime. Existing law requires fish that are received for sale or service to be commercially and legally caught or harvested.
This bill would require a retail food facility that offers or sells sells or offers for sale any fresh, frozen, or processed fish or shellfish, wild or farm raised, to clearly identify specified information on the menu, including at the point of sale the species of fish or shellfish by its common name, as specified. This bill would prohibit a retail food facility from knowingly misidentifying the country of origin of the fish or shellfish or whether the fish or shellfish was farm raised or wild caught. By expanding the definition of an existing crime and imposing additional duties on local health officers, this bill would impose a state-mandated local program.
(3) 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   Local Program: YES  

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


SECTION 1.

 Section 110796 is added to the Health and Safety Code, to read:

110796.
 (a) Any label of fresh, frozen, or processed fish or shellfish, wild or farm raised, offered for sale at wholesale or retail shall clearly identify all of the following information:
(1) The species of fish or shellfish by its common name. If the common name for a species of fish or other seafood is not defined by the department pursuant to Section 110795, for purposes of this subdivision, the “common name” means the common name for any seafood species identified in the Seafood List issued by the federal Food and Drug Administration.
(2) Whether the fish or shellfish was farm raised or wild caught.
(3) Whether the fish or shellfish was caught domestically or imported.
(b) For purposes of this section, “processed” means cooking, baking, heating, drying, mixing, grinding, churning, separating, extracting, cutting, fermenting, eviscerating, preserving, dehydrating, freezing, or otherwise manufacturing, and includes packaging, canning, jarring, or otherwise enclosing food in a container.
(c) (1) It is unlawful and constitutes shall constitute misbranding for any person to knowingly sell or offer for sale any fish or shellfish that is labeled in violation of this section.
(2) For purposes of paragraph (1), knowledge shall be presumed if the person fails to provide sufficient product documentation that demonstrates the fish or shellfish was labeled in violation of this section when the person received the fish or shellfish. The presumption established by this section is a presumption affecting the burden of proof.

SEC. 2.

 Section 114092 is added to the Health and Safety Code, to read:
114092.

(a)A retail food facility that offers or sells fresh, frozen, or processed fish or shellfish, wild or farm raised, shall clearly identify on the menu all of the following information:

(1)The species of fish or shellfish by its common name. For purposes of this subdivision, the “common name” means the common name for any seafood species identified in the Seafood List issued by the federal Food and Drug Administration.

(2)Whether the fish or shellfish was farm raised or wild caught.

(3)Whether the fish or shellfish was caught domestically or imported.

114092.
 (a) (1) A retail food facility that sells or offers for sale any fresh, frozen, or processed fish or shellfish, wild or farm raised, shall identify the species of fish or shellfish by its common name for the consumer at the point of sale, so the consumer can make an informed purchase decision. It is unlawful for a retail food facility to knowingly misidentify the species of fish or shellfish by its common name in violation of this subdivision.
(2) If the common name for a species of fish or other seafood is not defined by the department pursuant to Section 110795, for purposes of this subdivision, the “common name” means the common name for any seafood species identified in the Seafood List issued by the federal Food and Drug Administration.
(b) (1) A retail food facility that sells or offers for sale any fresh, frozen, or processed fish or shellfish, wild or farm raised, shall not knowingly misidentify either of the following:
(A) The country of origin of the fish or shellfish.
(B) Whether the fish or shellfish was farm raised or wild caught.
(2) This subdivision does not require a retail food facility that sells or offers for sale any fresh, frozen, or processed fish or shellfish to identify either the country of origin or whether the fish or shellfish was farm raised or wild caught.
(c) For purposes of this section, knowledge shall be presumed if the retail food facility fails to provide sufficient product documentation that demonstrates the fish or shellfish was identified in violation of subdivision (a) or (b) when the retail food facility received the fish or shellfish. The presumption established by this section is a presumption affecting the burden of proof.

(b)

(d) For purposes of this section, “processed” means cooking, baking, heating, drying, mixing, grinding, churning, separating, extracting, cutting, fermenting, eviscerating, preserving, dehydrating, freezing, or otherwise manufacturing, and includes packaging, canning, jarring, or otherwise enclosing food in a container.

SEC. 3.

 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.