Today's Law As Amended


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



As Amends the Law Today


SECTION 1.

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

110796.
 (a) It is unlawful to sell or offer for sale any fresh, frozen, or processed fish or shellfish intended for human consumption, wild caught or farm raised, without clearly identifying all of the following information on the label:
(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 pursuant to existing state law, or regulations adopted pursuant thereto, 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 wild caught or farm raised.
(3) Whether the fish or shellfish was caught or raised 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) Notwithstanding subdivision (a), any person who sells or offers for sale any fish or shellfish and acts in reasonable reliance on the fish or shellfish package labeling and product invoice to satisfy the requirements described in subdivision (a) shall not be found in violation of this section.
(d) This section does not apply to a restaurant.
(e) Nothing in this section shall be interpreted to prohibit the labeling of the species of fish or shellfish by its acceptable market name, as identified in the Seafood List issued by the federal Food and Drug Administration.
(f) This section shall become operative on July 1, 2016.

SEC. 2.

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

114092.
 (a) (1) A retail food facility, other than a restaurant, that sells or offers for sale any fresh, frozen, or processed fish or shellfish intended for human consumption, wild caught or farm raised, shall identify the species of fish or shellfish by its common name for the consumer in writing on the shelf tag, display tag, or any other labeling. It is unlawful for a retail food facility to knowingly misidentify the species of fish or shellfish in violation of this paragraph.
(2) A restaurant that sells or offers for sale any fresh, frozen, or processed fish or shellfish intended for human consumption, wild caught or farm raised, shall identify the species of fish or shellfish by its common name for the consumer in writing, or orally if not identified in writing, at the time the consumer orders the fish or shellfish. It is unlawful for a restaurant to knowingly misidentify the species of fish or shellfish in violation of this paragraph.
(3) If the common name for a species of fish or other seafood is not defined pursuant to existing state law, or regulations adopted pursuant thereto, 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 intended for human consumption, wild caught 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 wild caught or farm raised.
(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 wild caught or farm raised.
(c) Notwithstanding subdivision (a) or subdivision (b), a retail food facility or restaurant that sells or offers for sale any fish or shellfish and acts in reasonable reliance on the fish or shellfish package labeling and product invoice to satisfy the requirements described in subdivision (a) or (b) shall not be found in violation of this section.
(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.
(e) Nothing in this section shall be interpreted to prohibit a retail food facility or a restaurant from labeling or identifying the species of fish or shellfish by its acceptable market name, as identified in the Seafood List issued by the federal Food and Drug Administration.
(f) This section shall become operative on July 1, 2016.
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.