BILL NUMBER: AB 97 AMENDED
BILL TEXT
AMENDED IN SENATE JULY 18, 2007
AMENDED IN ASSEMBLY JUNE 5, 2007
AMENDED IN ASSEMBLY JUNE 1, 2007
AMENDED IN ASSEMBLY MARCH 13, 2007
INTRODUCED BY Assembly Member Mendoza
DECEMBER 21, 2006
An act to amend Section 113705 of, and to add Chapter
12.6 (commencing with Section 114377) to Part 7 of Division 104 of
, the Health and Safety Code, relating to food facilities.
LEGISLATIVE COUNSEL'S DIGEST
AB 97, as amended, Mendoza. Food facilities: trans fats.
The California Uniform Retail Food Facilities Law (CURFFL)
provides for the regulation of health and sanitation standards for
retail food facilities by the State Department of Public
Health Services . Under existing law, local health
agencies are primarily responsible for enforcing CURFFL. The
violation of the law is a misdemeanor. Effective July 1,
2007, the duties of the department shall be transferred to the State
Department of Public Health.
This bill would require every food facility, except a public
school cafeteria, to maintain on the premises the label required for
any food or food additive that is or includes any fat, oil, or
shortening, for as long as this food or food additive is stored,
distributed, or served by, or used in the preparation of food within,
the food facility.
This bill would also, commencing January 1, 2010, prohibit oil,
shortening, or margarine containing specified trans fats for
specified purposes, from being stored, distributed, or served by, or
used in the preparation of any food within, a food facility. It would
also, commencing January 1, 2011, prohibit any food containing
artificial trans fat, from being stored, distributed, or served by,
or used in the preparation of any food within, a food facility. The
bill would exempt from these prohibitions, specified
public school cafeterias and food sold or served in a manufacturer's
original, sealed package.
By creating a new crime and adding to the duties of local
officials, this bill would impose 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 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.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 113705 of the Health
and Safety Code , as added by Section 2 of Chapter 23 of
the Statutes of 2006, is amended to read:
113705. The Legislature finds and declares that the public health
interest requires that there be uniform statewide health and
sanitation standards for retail food facilities to assure the people
of this state that the food will be pure, safe, and unadulterated.
Except as provided in Section Sections
113709 and 114377.1 , it is the intent of the Legislature
to occupy the whole field of health and sanitation standards for
retail food facilities, and the standards set forth in this part and
regulations adopted pursuant to this part shall be exclusive of all
local health and sanitation standards relating to retail food
facilities.
SECTION 1. SEC. 2. Chapter 12.6
(commencing with Section 114377) is added to Part 7 of Division 104
of the Health and Safety Code, to read:
CHAPTER 12.6. TRANS FATS
114377. (a) Every food facility shall maintain on the premises
the label for any food or food additive that is or includes any fat,
oil, or shortening, for as long as this food or food additive is
stored, distributed, or served by, or used in the preparation of food
within, the food facility. The label described in this subdivision
refers to the label that is required by applicable federal and state
law to be on the food or food additive at the time of purchase by the
food facility.
(b) (1) Commencing January 1, 2010, no oil, shortening, or
margarine containing artificial trans fat for use in spreads or
frying, except for the deep frying of yeast dough or cake batter, may
be stored, distributed, or served by, or used in the preparation of
any food within, a food facility.
(2) Commencing January 1, 2011, no food containing artificial
trans fat, including oil and shortening that contains artificial
trans fat for use in the deep frying of yeast dough or cake batter,
may be stored, distributed, or served by, or used in the preparation
of any food within, a food facility.
(c) Subdivision (b) shall not apply to food sold or served in a
manufacturer's original, sealed package.
(d) For purposes of this section, a food contains artificial trans
fat if the food contains vegetable shortening, margarine, or any
kind of partially hydrogenated vegetable oil, unless the label
required on the food, pursuant to applicable federal and state law,
lists the trans fat content as less than 0.5 grams per serving.
(e) This section shall not apply to public elementary or
secondary , middle, junior high, or high school
cafeterias.
(f) Notwithstanding Section 114395, a violation of this section
shall be punishable by a fine of not less than twenty-five dollars
($25) or more than one thousand dollars ($1,000).
114377.1. Consistent with Section 113705, this chapter shall
occupy the whole field of the use of trans fat in food, exclusive of
all local ordinances and standards.
114377.1. Nothing in this chapter shall prohibit a local
governing body from adopting a local ordinance that regulates the use
of trans fat in food if the ordinance is more stringent than the
requirements of this chapter.
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.