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AB-765 Health Checkout Aisles for Healthy Families Act.(2019-2020)

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Date Published: 04/11/2019 04:00 AM
AB765:v98#DOCUMENT

Amended  IN  Assembly  April 10, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill No. 765


Introduced by Assembly Member Wicks
(Coauthors: Assembly Members Bonta and Chiu)

February 19, 2019


An act to add Article 4 (commencing with Section 104665) to Chapter 2 of Part 3 of Division 103 of the Health and Safety Code, relating to public health.


LEGISLATIVE COUNSEL'S DIGEST


AB 765, as amended, Wicks. Health Checkout Aisles for Healthy Families Act.
Existing law establishes various public health programs related to nutrition that are administered by specified state entities, the State Department of Public Health, including the “5 A Day—For Better Health” program for the purpose of promoting public awareness of the need to increase the consumption of fruits and vegetables to improve health and prevent major chronic diseases, and the statewide monitoring of existing state and local food and nutrition data systems to determine the availability and types of nutrition monitoring information. diseases. Under the California Retail Food Code, the department regulates retail food facilities, as defined, including administering uniform health and sanitation standards, and requires local enforcement agencies to enforce these provisions.
This bill would enact the California Healthy Checkout Aisles for Healthy Families Act, and would require a store, as defined, to make available only specified beverages, including milk and natural fruit and vegetable juice, in the checkout areas of the store, as described. store. The bill would require an unspecified state agency the department and the local health agency having jurisdiction over the store to administer and enforce the act, and would authorize the unspecified state agency to impose a civil penalty on a person or entity that violates the provisions, as specified, for deposit into the California Healthy Checkout Aisles for Healthy Families Fund, as established by the bill, to be expended upon appropriation by the Legislature for the enforcement of these provisions. act. The bill would make a violation of its provisions an infraction, and would require the first violation to result in a notice of violation. The bill would make the 2nd and 3rd violations within a 5-year period punishable by fines of not more than $250 and $500, respectively. By imposing additional duties on local enforcement agencies and by creating a new crime, the bill would impose a state-mandated local program. The bill would authorize the department to promulgate regulations to carry out these provisions.
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: NOYES  

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


SECTION 1.

 Article 4 (commencing with Section 104665) is added to Chapter 2 of Part 3 of Division 103 of the Health and Safety Code, to read:
Article  4. California Healthy Checkout Aisles for Healthy Families Act

104665.
 (a) This article shall be known, and may be cited, as the California Healthy Checkout Aisles for Healthy Families Act.
(b) It is the intent of the Legislature, in enacting this article, to support families by offering them the choice to avoid high-calorie, low-nutrient, sugar-sweetened beverages when they do their grocery and other shopping.

104666.
 The following definitions shall apply for purposes of this article:
(a) (1) “Caloric” means a substance that adds calories to the diet of a person who consumes that substance.
(2) “Caloric sweetener” means any substance containing calories, suitable for human consumption, that a human perceives as sweet, and includes, without limitation, sucrose, fructose, glucose, fruit juice concentrate, or other sugars. “Caloric sweetener” excludes noncaloric sweeteners.
(b) “Checkout area” means either an area that is accessible to a customer of a store that is within six feet of any register or an area within the store that directs a customers to wait in line to make a purchase.
(c) “Department” means the State Department of Public Health.
(d) “Enforcement agency” means the department or the local health agency having jurisdiction over the store.

(c)

(e) “Milk” means a natural liquid milk, regardless of animal or plant source or butterfat content, natural milk concentrate, whether or not reconstituted, or dehydrated natural milk, whether or not reconstituted.

(d)

(f) “Natural fruit juice” means the original liquid resulting from the pressing of fruits or the liquid resulting from the dilution with water of dehydrated natural fruit juice.

(e)

(g) “Natural vegetable juice” means the original liquid resulting from the pressing of vegetables or the liquid resulting from the dilution with water of dehydrated natural vegetable juice.

(f)

(h) “Register” means a cash register or similar device that calculates the sales of goods, holds money, and displays the amount of sales for the customer.

(g)

(i) (1) “Store” means a retail establishment that meets any of the following requirements:

(1)

(A) Is a full-line, self-service retail store with gross annual sales of two million dollars ($2,000,000) or more that sells a line of dry groceries, canned goods, or nonfood items, and some perishable items.

(2)

(B) Has at least 10,000 square feet of retail space that generates sales or use tax pursuant to the Bradley-Burns Uniform Local Sales and Use Tax Law (Part 1.5 (commencing with Section 7200) of Division 2 of the Revenue and Taxation Code) and has a pharmacy licensed pursuant to Chapter 9 (commencing with Section 4000) of Division 2 of the Business and Professions Code.

(3)

(C) Is a convenience food store, foodmart, or other entity that is engaged in the retail sale of a limited line of goods, generally including milk, bread, soda, and snack foods, and that holds a Type 20 or Type 21 license issued by the Department of Alcoholic Beverage Control.

(4)Is a convenience food store, foodmart, or other entity that is engaged in the retail sale of goods intended to be consumed off the premises, and that holds a Type 20 or Type 21 license issued by the Department of Alcoholic Beverage Control.

(D) Is a permanent food facility that has less than 300 square feet of display area and that sells only prepackaged food that is not potentially hazardous food, as defined in Section 114289.
(2) “Store” does not mean a restaurant or a retail food establishment that prepares, serves, and vends food directly to the consumer, as described in subdivision (c) of Section 114379.10.

(h)

(j) “Water” means nonflavored water or water flavored with noncaloric natural fruit essence or natural flavor. The source of the water may be artesian, mineral, spring, or well. The type of water may include carbonated, such as sparkling, club, or seltzer, and still, distilled, or purified, such as demineralized, deionized, or reverse osmosis.

104667.
 (a) A store shall, at any time during which the store is open to the public, make available only the following beverages in the checkout areas:
(1) Coffee or tea drinks with no added caloric sweeteners.
(2) Milk with no added caloric sweeteners.
(3) One hundred percent natural fruit juice or fruit juice combined with water or carbonated water, with no added caloric sweeteners, in a size no greater than 12 fluid ounces.
(4) One hundred percent natural vegetable juice with no added caloric sweeteners, with no more than 200 milligrams of sodium per container, and in a size no greater than 12 fluid ounces.
(5) Water with no added caloric sweeteners.
(b) This section shall become operative on July 1, 2020. January 1, 2021.

104668.

(a)An unspecified state agency shall administer this article.

(b)An unspecified state agency may impose a civil penalty on a person or entity that knowingly violates this article, or reasonably should have known that it violated this article, in the amount of one thousand dollars ($1,000) per day for the first violation of this article, two thousand dollars ($2,000) per day for the second violation, and five thousand dollars ($5,000) per day for the third and subsequent violations.

(c)Revenue collected for any penalty imposed pursuant to subdivision (b) shall be deposited into the California Healthy Checkout Aisles for Healthy Families Fund, as hereby established in the State Treasury. Moneys in the fund shall be expended, upon appropriation by the Legislature to an unspecified state agency, for enforcement of this article.

104668.
 (a) The enforcement agency shall implement, administer, and enforce this article.
(b) The department may issue rules and regulations, as necessary, to carry out the purposes of this article.
(c) A violation of this article is an infraction. The first violation shall result in a notice of violation. A second violation within a five-year period from the notice of violation shall be punishable by a fine of not more than two hundred fifty dollars ($250). For a third or subsequent violation within a five-year period, the fine shall be not more than five hundred dollars ($500). A store shall not be found in violation of this article more than once during a single inspection visit.

104669.
 (a) It is the intent of the Legislature that this article shall not be construed to preempt or prohibit the adoption and implementation of local ordinances related to healthy checkout aisles, except any local ordinance that is inconsistent with this article.
(b) An ordinance is not deemed inconsistent with this article if it affords greater protection of health promotion than the requirements set forth in this article.

SEC. 2.

 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.