California 2009-2010 Regular Session Status: To Executive

SB 173 — Food safety: testing and recalls.

Last action — Stricken from Senate file.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed Assembly
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2009-2010 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Existing law, the Sherman Food, Drug, and Cosmetic Law, authorizes, for purposes of enforcement of the law, an authorized agent of the State Department of Public Health to, among other things, enter any factory, warehouse, or establishment in which any food is manufactured, packed, or held, enter any vehicle that is being used to transport or hold the food, and inspect any factory, warehouse, establishment, vehicle, or place, and all pertinent equipment, raw material, finished and unfinished materials, containers, and labeling in the factory, warehouse, establishment, vehicle, or place. Existing law authorizes the agent to secure any sample or specimen of any food, as specified. It is unlawful for any person to refuse to permit entry or inspection, the taking of samples or other evidence, or access to copying of any record as authorized by this part, or to conceal the samples or evidence, or withhold evidence concerning them. A violation of the law is a misdemeanor. This bill would authorize the State Public Health Officer to adopt regulations regarding the voluntary recall of food that, without intervention, could transmit an illness that could kill or seriously affect the health of humans, as specified.

Bill Text

Action History

  1. Stricken from Senate file.

  2. In Senate. To unfinished business. (Veto)

  3. Vetoed by Governor.

  4. Enrolled. To Governor at 9 p.m.

  5. Senate concurs in Assembly amendments. (Ayes 26. Noes 9. Page 2217.) To enrollment.

  6. In Senate. To unfinished business.

  7. Read third time. Passed. (Ayes 50. Noes 27. Page 2860.) To Senate.

  8. Read second time. To third reading.

  9. (Heard in committee on August 19.)

  10. From committee: Do pass. (Ayes 13. Noes 4.)

  11. Read second time. Amended. Re-referred to Com. on APPR.

  12. (Heard in committee on July 1.)

  13. From committee: Do pass as amended, but first amend, and re-refer to Com. on APPR. (Ayes 5. Noes 2.)

  14. (Heard in committee on June 23.)

  15. From committee: Do pass, but first be re-referred to Com. on AGRI. (Ayes 14. Noes 1.) Re-referred to Com. on AGRI.

  16. To Coms. on HEALTH and AGRI.

  17. In Assembly. Read first time. Held at Desk.

  18. Read third time. Passed. (Ayes 26. Noes 12. Page 1177.) To Assembly.

  19. Read second time. Amended. To third reading.

  20. From committee: Do pass as amended. (Ayes 7. Noes 5. Page 1068.)

  21. (Suspense - for vote only.)

  22. Set for hearing May 28.

  23. Joint Rule 62(a) file notice suspended. (Page 1036.)

  24. Placed on APPR suspense file.

  25. Set for hearing May 26.

  26. Hearing postponed by committee.

  27. Set for hearing May 18.

  28. Read second time. Amended. Re-referred to Com. on APPR.

  29. From committee: Do pass as amended, but first amend, and re-refer to Com. on APPR. (Ayes 7. Noes 3. Page 729.)

  30. Set for hearing April 29.

  31. Re-referred to Com. on HEALTH.

  32. From committee: Do pass, but first be re-referred to Com. on RLS. (Ayes 3. Noes 1. Page 582.) Re-referred to Com. on RLS.

  33. From committee with author's amendments. Read second time. Amended. Re-referred to Com. on F. & A.

  34. Set for hearing April 21.

  35. To Com. on F. & A.

  36. From print. May be acted upon on or after March 17.

  37. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

  • Florez · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 4 voted No

Sponsors (1)

  • Florez

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Unfinished Business SB173 Florez

Passed 27 Yea · 9 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 24905
Democratic 2000
Republican 1000
Total 27905
% of votes cast 66%22%0%12%
How each member voted (41)
Member Party Vote
Yee — Yea
Cedillo — Yea
Corbett — Yea
Wyland — Yea
Negrete — Yea
Ducheny — Not Voting
Dutton — Nay
Hancock — Yea
Hollingsworth — Nay
Huff — Nay
Leno — Yea
Lowenthal — Not Voting
Runner — Not Voting
Liu — Yea
McLeod — Yea
Benoit — Nay
Pavley — Yea
Romero — Yea
Simitian — Yea
Steinberg — Yea
Wiggins — Not Voting
Wolk — Yea
Aanestad — Nay
Alquist — Yea
Ashburn — Nay
Harman — Yea
Kehoe — Yea
Maldonado — Yea
Oropeza — Yea
Price — Yea
Walters — Nay
Wright — Yea
Cogdill — Not Voting
Correa — Yea
Cox — Nay
DeSaulnier — Yea
Denham — Nay
Florez — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

SB 173 Florez Senate Third Reading By MA

Passed 59 Yea · 29 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 552802
Democratic 2001
Republican 2100
Total 592903
% of votes cast 65%32%0%3%
How each member voted (91)
Member Party Vote
Carter — Yea
Chesbro — Yea
Coto — Yea
Feuer — Yea
Fuentes — Yea
Galgiani — Yea
Hagman — Yea
Hall — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Audra — Yea
Block — Yea
Hernandez — Yea
Hill — Yea
Huffman — Yea
Krekorian — Yea
Ma — Yea
Monning — Yea
Nava — Yea
Ruskin — Yea
Swanson — Yea
Torlakson — Yea
Torres — Yea
Torrico — Yea
Conway — Nay
Bill — Nay
Tom — Nay
Yamada — Yea
Fletcher — Nay
Charles — Not Voting
Cook — Nay
Gilmore — Nay
Harkey — Nay
Jeffries — Nay
Knight — Nay
Logue — Nay
Nestande — Nay
Anderson — Nay
Bass — Yea
Blakeslee — Nay
Duvall — Nay
Silva — Nay
Smyth — Nay
Villines — Nay
Adams — Nay
Ammiano — Yea
Beall — Yea
Blumenfield — Yea
Brownley — Yea
Buchanan — Not Voting
Hayashi — Yea
Huber — Yea
Lieu — Yea
Mendoza — Yea
Miller — Nay
Nielsen — Nay
Skinner — Yea
Solorio — Yea
Tran — Nay
Emmerson — Nay
Eng — Yea
Evans — Yea
Davis — Yea
DeVore — Nay
Fuller — Nay
Furutani — Yea
Garrick — Nay
Beth Gaines — Nay
Bill Berryhill — Nay
Bill Berryhill — Nay
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Not Voting
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Nay
Strickland, Tony Republican Yea

Official roll call →

Do pass.

Passed 18 Yea · 4 Nay
Party YeaNayPresentNot Voting
Unaffiliated 16400
Democratic 1000
Republican 1000
Total 18400
% of votes cast 82%18%0%0%
How each member voted (22)
Member Party Vote
Charles — Yea
De — Yea
Ammiano — Yea
John — Yea
A. — Yea
Perez — Yea
Audra — Yea
Fuentes — Yea
Hall — Yea
Harkey — Nay
Hill — Yea
Conway — Nay
Duvall — Nay
Skinner — Yea
Solorio — Yea
Torlakson — Yea
Leon — Yea
Miller — Nay
Coto — Yea
Davis — Yea
Calderon, Lisa Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass and be re-referred to the Committee on Agriculture.

Passed 19 Yea · 1 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 17104
Republican 2000
Total 19104
% of votes cast 79%4%0%17%
How each member voted (24)
Member Party Vote
Carter — Yea
Hall — Yea
De — Yea
Leon — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Salas — Yea
Audra — Yea
Hayashi — Yea
Fletcher — Not Voting
Conway — Not Voting
Hill — Yea
Nava — Yea
Villines — Not Voting
Ammiano — Yea
Block — Yea
Hernandez — Yea
Emmerson — Not Voting
Beth Gaines — Nay
Jones, Brian W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Senate 3rd Reading SB173 Florez

Passed 27 Yea · 12 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 241201
Democratic 2000
Republican 1000
Total 271201
% of votes cast 68%30%0%3%
How each member voted (40)
Member Party Vote
Yee — Yea
Cedillo — Yea
Corbett — Yea
Hancock — Yea
Harman — Yea
Lowenthal — Yea
Negrete — Yea
Kehoe — Yea
Liu — Yea
McLeod — Yea
Oropeza — Yea
Romero — Yea
Simitian — Yea
Steinberg — Yea
Wolk — Yea
Wright — Yea
Runner — Nay
Cogdill — Nay
Correa — Nay
Hollingsworth — Nay
Huff — Nay
Ashburn — Nay
Benoit — Nay
Cox — Nay
Ducheny — Not Voting
Dutton — Nay
Walters — Nay
Aanestad — Nay
Alquist — Yea
Leno — Yea
Maldonado — Yea
Pavley — Yea
Wiggins — Yea
Wyland — Yea
DeSaulnier — Yea
Denham — Nay
Florez — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass as amended.

Passed 7 Yea · 5 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 7501
Total 7501
% of votes cast 54%38%0%8%
How each member voted (13)
Member Party Vote
Yee — Yea
Hancock — Yea
Runner — Nay
Leno — Yea
Oropeza — Yea
Corbett — Yea
Walters — Nay
Kehoe — Yea
Wolk — Not Voting
Wyland — Nay
Cox — Nay
DeSaulnier — Yea
Denham — Nay

Official roll call →

Placed on Appropriations Suspense file.

Passed 13 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 13000
Total 13000
% of votes cast 100%0%0%0%
How each member voted (13)
Member Party Vote
Yee — Yea
Hancock — Yea
Wyland — Yea
Kehoe — Yea
Runner — Yea
Corbett — Yea
Cox — Yea
Oropeza — Yea
Walters — Yea
Wolk — Yea
Leno — Yea
DeSaulnier — Yea
Denham — Yea

Official roll call →

Subjects

public-safety healthcare agriculture
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Frequently asked questions

What does SB 173 do?
Existing law, the Sherman Food, Drug, and Cosmetic Law, authorizes, for purposes of enforcement of the law, an authorized agent of the State Department of Public Health to, among other things, enter any factory, warehouse, or establishment in which any food is manufactured, packed, or held, enter any vehicle that is being used to transport or hold the food, and inspect any factory, warehouse, establishment, vehicle, or place, and all pertinent equipment, raw material, finished and unfinished materials, containers, and labeling in the factory, warehouse, establishment, vehicle, or place. Existing law authorizes the agent to secure any sample or specimen of any food, as specified. It is unlawful for any person to refuse to permit entry or inspection, the taking of samples or other evidence, or access to copying of any record as authorized by this part, or to conceal the samples or evidence, or withhold evidence concerning them. A violation of the law is a misdemeanor. This bill would authorize the State Public Health Officer to adopt regulations regarding the voluntary recall of food that, without intervention, could transmit an illness that could kill or seriously affect the health of humans, as specified.
Who sponsors SB 173?
SB 173 is sponsored by Florez.
What is the current status of SB 173?
This bill died with 2009-2010 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 173?
Track SB 173 free on One Click Politics — get push/email alerts when it moves.

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