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SB-747 Public health impact assessments.(2013-2014)

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SB747:v95#DOCUMENT

Amended  IN  Senate  January 16, 2014
Amended  IN  Senate  January 06, 2014
Amended  IN  Senate  April 23, 2013
Amended  IN  Senate  April 15, 2013

CALIFORNIA LEGISLATURE— 2013–2014 REGULAR SESSION

Senate Bill
No. 747

Introduced by Senator DeSaulnier

February 22, 2013

An act to add Article 6 (commencing with Section 108670) to Chapter 5 of Part 3 of Division 104 of the Health and Safety Code, relating to public health.


LEGISLATIVE COUNSEL'S DIGEST


SB 747, as amended, DeSaulnier. Public health impact assessments.
Existing law requires the State Department of Public Health to regulate various consumer products, including food and drugs, for the protection of the people of the state.
This bill, known as the Public Health Epidemic Prevention Act of 2014, would authorize the department to submit a written request to request in writing that the manufacturer or a group of manufacturers of a contributing product, as defined, to submit a written response to the department’s determination that the product is a contributing product. The bill would require the written response to contain specified information, including a risk assessment an analysis of adverse public health impacts and a mitigation plan for those impacts. The bill would authorize the department to charge the manufacturer of the contributing product an amount not exceeding $20,000 for the reasonable costs of reviewing the risk assessment analysis and mitigation document.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 The Legislature finds and declares all of the following:
(a) Public health for the people of the state is now, and in the future, a matter of statewide concern.
(b) The health and well-being of all people is a critical element in supporting a healthy and prosperous California, including economic sustainability, increasing workforce participation and productivity, and slowing the ongoing rise of medical care expenditures.
(c) California and its residents face a growing burden of largely preventable chronic illness, including heart disease, stroke, obesity, and diabetes.
(d) It is the intent of the Legislature to find ways to develop and maintain public health, prevent negative public health risks, provide the people of the state with protection from products sold in the state that pose significant negative health risks, and develop mitigation strategies.
(e) It is the intent of the Legislature to take immediate steps to identify products sold in the state for consumer consumption that pose a critical public health risk and coordinate any actions necessary to prevent or mitigate those risks.
(f) It is the intent of the Legislature to regulate products sold in the state for consumer consumption that pose significant public health risks and mitigate their use in order to prevent chronic illness and improve public health.

SEC. 2.

 Article 6 (commencing with Section 108670) is added to Chapter 5 of Part 3 of Division 104 of the Health and Safety Code, to read:
Article  6. Public Health Impact Assessments

108670.
 This article shall be known, and may be cited, as the Public Health Epidemic Prevention Act of 2014.

108671.
 For the purposes of this article, the following definitions shall apply:
(a) “Contributing product” means a manufactured product intended for consumer consumption in this state for which the department has credible evidence that use of the product significantly contributes to a public health epidemic and that meets both of the following criteria:
(1) The public health epidemic to which the product contributes is one recognized by the federal Centers for Disease Control and Prevention, the United States Department of Health and Human Services, the Surgeon General, or the United States Food and Drug Administration.
(2) The adverse impact on public health from use of the product in this state would have has a fiscal impact of fifty million dollars ($50,000,000) or more annually on the state public health system, including, but not limited to, public hospitals and overall Medi-Cal expenditures.
(b) “Credible evidence” means peer-reviewed research, data, and studies currently available to the department.
(c) “Department” means the State Department of Public Health.
(d) “Manufacturer” means the manufacturer whose name appears on the label of a product that is identified by the department as a contributing product.

108672.
 If the department determines that a product is a contributing product, then the department may submit a written request to the contributing product’s largest manufacturers, representing 80 percent of the costs identified in paragraph (2) of subdivision (a) of Section 108671 and that do business in the state, to submit a written response to the department’s determination that the product is a contributing product. The written response shall include, but not be limited to, all of the following:

(1)

(a) A written risk assessment analysis that identifies the public health impacts resulting from the sale of the product in this state.
(b) A list of mitigation strategies sufficient to reasonably reduce adverse public health impacts identified in the risk assessment analysis.

108673.
 The department may enact all regulations necessary to implement this article pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).

108674.
 The department may charge the manufacturer of the contributing product an amount not exceeding twenty thousand dollars ($20,000) for the reasonable costs of reviewing the risk assessment analysis and mitigation document submitted pursuant to Section 108672. Fees collected pursuant to this subdivision shall be placed in the Public Health Fund, which is hereby established in the State Treasury and which may be used by the department, upon appropriation by the Legislature, for the implementation of this article.

108675.
 (a) Notwithstanding subdivision (c) of Section 25257.1, the requirements of this article shall not be interpreted to affect any authority of the Department of Toxic Substances Control pursuant to Article 14 (commencing with Section 25251) of Chapter 6.5 of Division 20.
(b) This article does not limit, and shall not be construed to limit, the department’s or any other department’s or agency’s existing authority over consumer product regulation.
(c) This article does not authorize the department to supersede the regulatory authority of any other department or agency.
(d) The department shall not duplicate or adopt conflicting regulations for product categories already regulated or subject to pending regulation consistent with the purposes of this article.