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AB-1178 Dietary supplements: labeling: live microorganisms.(2019-2020)

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Date Published: 06/03/2019 09:00 PM
AB1178:v97#DOCUMENT

Amended  IN  Senate  June 03, 2019
Amended  IN  Assembly  March 27, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 1178


Introduced by Assembly Member Quirk

February 21, 2019


An act to add Section 110422.1 to the Health and Safety Code, relating to public health.


LEGISLATIVE COUNSEL'S DIGEST


AB 1178, as amended, Quirk. Dietary supplements: labeling: live microorganisms.
Existing law, the Sherman Food, Drug, and Cosmetics Law, provides for the regulation of various subjects relating to the processing, labeling, advertising, and sale of food under the administration and enforcement of the State Department of Public Health. Existing applicable federal law includes dietary supplements, as defined, within the definition of food for these purposes. Existing law requires, to the extent permitted by federal law, that any warning label on products defined as dietary supplements pursuant to specified federal law, that are manufactured or distributed in the state, be clear and conspicuous. Under existing law, a violation of that requirement constitutes an infraction, punishable by specified fines.
This bill would, commencing January 1, 2022, and to the extent permitted by federal law, require a manufacturer or distributor of dietary supplements sold in the state that contain live microorganisms to include on its label the genus, species, and strain of each live microorganism in the dietary supplement and the total estimated count of all live microorganisms in the dietary supplement at the end of its shelf life. supplement, except as specified. Because a violation of this requirement would be an infraction, by creating a new crime, this bill would create a state-mandated local program.
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 no reimbursement is required by this act for a specified reason.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 Section 110422.1 is added to the Health and Safety Code, to read:

110422.1.
 (a) Commencing January 1, 2022, a manufacturer or distributor of dietary supplements, as defined in Section 321(ff) of Title 21 of the United States Code, sold in the state that contain live microorganisms shall include both of the following the genus, species, and strain of each live microorganism in the dietary supplement on the label of the dietary supplement: supplement.

(1)The genus, species, and strain of each live microorganism in the dietary supplement.

(2)The total estimated count of all live microorganisms in the dietary supplement at the end of its shelf life.

(b) This section does not apply to dietary supplements containing live microorganisms manufactured before July 1, 2021, that are sold prior to January 1, 2023.

(b)

(c) This section does not in any way limit or restrict any rights, remedies, or duties otherwise applicable by law.

(c)

(d) This section shall be implemented to the extent permitted by federal law.

SEC. 2.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because 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.