California 2011-2012 Regular Session Status: Enacted

AB 688 — Food and drugs: sale.

Last action — Chaptered by Secretary of State - Chapter 681, Statutes of 2011.

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

This bill has been enacted into law. Introduced February 17, 2011. Enacted.

Prognosis

Likely to advance 74% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 3 sponsors

    1 primary, 2 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 6 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

The Sherman Food, Drug, and Cosmetic Law contains various provisions regarding the contents, packaging, labeling, and advertising of food, drugs, and cosmetics. The California Retail Food Code provides for the regulation of health and sanitation standards for retail food facilities, as defined, by the State Department of Public Health. Under existing law, local health agencies are primarily responsible for enforcing the California Retail Food Code. A violation of any of these provisions is punishable as a misdemeanor. This bill would prohibit a retailer from selling or offering for sale after the expiration date an over-the-counter drug, as defined. The bill would also prohibit a retail food facility from selling or offering for sale after the "use by" date infant formula or baby food that is required to have this date on its packaging pursuant to federal law. This bill would make a violation of its provisions an infraction, punishable by a fine of not more than $10 per day, calculated as prescribed. This bill would also authorize the department or an enforcement agency, as specified, to assess administrative penalties on a retailer who violates these provisions in the amount of $10 per day for each item sold or offered for sale in violation of these provisions, in addition to other penalties authorized by law. By creating new crimes and imposing additional duties on local officials, 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 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.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 681, Statutes of 2011.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 3:30 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 52. Noes 25. Page 3211.).

  5. In Assembly. Concurrence in Senate amendments pending.

  6. Read third time. Passed. Ordered to the Assembly. (Ayes 27. Noes 12. Page 2424.).

  7. Read second time. Ordered to third reading.

  8. Read third time and amended. Ordered to second reading.

  9. Read second time and amended. Ordered to third reading.

  10. From committee: Be placed on second reading file pursuant to Senate Rule 28.8 and be amended.

  11. In committee: Hearing postponed by committee.

  12. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR.

  13. In committee: Hearing postponed by committee.

  14. Read second time and amended. Re-referred to Com. on APPR.

  15. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 8. Noes 1.) (July 6).

  16. In committee: Hearing postponed by committee.

  17. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on HEALTH.

  18. Referred to Com. on HEALTH.

  19. In Senate. Read first time. To Com. on RLS. for assignment.

  20. Read third time. Passed. Ordered to the Senate. (Ayes 50. Noes 26. Page 1462.)

  21. Read second time. Ordered to third reading.

  22. From committee: Do pass. (Ayes 12. Noes 5.) (May 4).

  23. From committee: Do pass and re-refer to Com. on APPR. (Ayes 12. Noes 5.) (April 12). Re-referred to Com. on APPR.

  24. In committee: Hearing postponed by committee.

  25. Referred to Com. on HEALTH.

  26. From printer. May be heard in committee March 20.

  27. Read first time. To print.

Sponsors

  • Alquist · Cosponsor
  • Mitchell · Cosponsor
  • Pan · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 2 co-sponsors · 119 not signed on · 5 voted No

Sponsors (1)

  • Pan

Co-sponsors (2)

  • Alquist
  • Mitchell

Not signed on (119)

119 members have not signed on to this bill.

Show all 119 →

"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

AB 688 PAN Concurrence in Senate Amendments

Passed 52 Yea · 25 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 512303
Democratic 1000
Republican 0200
Total 522503
% of votes cast 65%31%0%4%
How each member voted (80)
Member Party Vote
Halderman — Nay
Hall — Yea
Fuentes — Yea
Furutani — Yea
Galgiani — Yea
Gordon — Yea
Butler — Yea
Hayashi — Yea
Fong — Yea
Hill — Yea
Allen — Yea
Huber — Yea
Hueso — Yea
Huffman — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Carter — Yea
Beall — Yea
Cedillo — Yea
Chesbro — Yea
Davis — Yea
Pan — Yea
Skinner — Yea
Torres — Yea
Bonilla — Yea
Yamada — Yea
Atkins — Yea
Gorell — Not Voting
Campos — Yea
Fletcher — Nay
Hagman — Nay
Harkey — Nay
Conway — Nay
Cook — Nay
Donnelly — Nay
Block — Yea
Knight — Nay
Lara — Yea
Logue — Nay
Mendoza — Yea
Miller — Nay
Monning — Yea
Morrell — Nay
Nielsen — Nay
Norby — Nay
Olsen — Not Voting
Silva — Nay
Smyth — Nay
Solorio — Yea
Valadao — Nay
Wagner — Nay
Wieckowski — Yea
Achadjian — Nay
Alejo — Yea
Ammiano — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Jeffries — Nay
Ma — Yea
Mansoor — Nay
Nestande — Not Voting
Perea — Yea
Swanson — Yea
Williams — Yea
Eng — Yea
Feuer — Yea
Dickinson — Yea
Garrick — Nay
Gatto — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

3rd Reading AB688 Pan By De León

Passed 27 Yea · 12 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 241201
Republican 1000
Democratic 2000
Total 271201
% of votes cast 68%30%0%3%
How each member voted (40)
Member Party Vote
Yee — Yea
Evans — Yea
Fuller — Nay
Hancock — Yea
Harman — Yea
Lowenthal — Yea
De León — Yea
Hernandez — Yea
Rubio — Yea
Huff — Nay
Cannella — Nay
Negrete McLeod — Nay
Kehoe — Yea
Runner — Nay
Leno — Yea
Lieu — Yea
Anderson — Nay
Corbett — Yea
Correa — Yea
Dutton — Nay
Pavley — Yea
Simitian — Yea
Steinberg — Yea
Walters — Nay
Wolk — Yea
Wright — Yea
Alquist — Yea
Blakeslee — Yea
Liu — Yea
Price — Yea
Vargas — Not Voting
Wyland — Nay
Emmerson — Yea
DeSaulnier — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
La Malfa — Nay
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

AB 688 PAN Assembly Third Reading

Passed 50 Yea · 26 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 492404
Republican 0200
Democratic 1000
Total 502604
% of votes cast 63%33%0%5%
How each member voted (80)
Member Party Vote
Halderman — Nay
Feuer — Yea
Furutani — Yea
Butler — Yea
Gatto — Yea
Fong — Yea
Hill — Yea
Allen — Yea
Huber — Yea
Huffman — Yea
Carter — Yea
Cedillo — Yea
Swanson — Yea
Williams — Yea
Davis — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Gordon — Yea
Hayashi — Yea
Campos — Yea
Chesbro — Yea
Achadjian — Nay
Beall — Yea
Cook — Nay
Dickinson — Yea
Yamada — Yea
Hagman — Nay
Hall — Yea
Harkey — Nay
Bonilla — Yea
Atkins — Yea
Jeffries — Nay
Lara — Yea
Logue — Nay
Mendoza — Yea
Fletcher — Nay
Miller — Nay
Morrell — Nay
Nestande — Nay
Norby — Nay
Pan — Yea
Smyth — Nay
Solorio — Yea
Valadao — Nay
Wagner — Nay
Gorell — Not Voting
Donnelly — Nay
Olsen — Not Voting
Alejo — Not Voting
Ammiano — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hueso — Yea
Knight — Nay
Ma — Not Voting
Mansoor — Nay
Monning — Yea
Nielsen — Nay
Perea — Yea
Silva — Nay
Skinner — Yea
Torres — Yea
Wieckowski — Yea
Conway — Nay
Eng — Yea
Fuentes — Yea
Galgiani — Yea
Garrick — Nay
Beth Gaines — Nay
Bill Berryhill — Nay
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

Do pass.

Passed 12 Yea · 5 Nay
Party YeaNayPresentNot Voting
Unaffiliated 11500
Democratic 1000
Total 12500
% of votes cast 71%29%0%0%
How each member voted (17)
Member Party Vote
Campos — Yea
Hall — Yea
Harkey — Nay
Mitchell — Yea
Hill — Yea
Donnelly — Nay
Nielsen — Nay
Norby — Nay
Solorio — Yea
Wagner — Nay
Blumenfield — Yea
Bradford — Yea
Lara — Yea
Davis — Yea
Fuentes — Yea
Gatto — Yea
Calderon, Lisa Democratic Yea

Official roll call →

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

Passed 12 Yea · 5 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 12502
Total 12502
% of votes cast 63%26%0%11%
How each member voted (19)
Member Party Vote
Atkins — Yea
Mitchell — Not Voting
Eng — Yea
Garrick — Not Voting
Gordon — Yea
Nestande — Nay
Silva — Nay
Smyth — Nay
Williams — Yea
Bonilla — Yea
Hayashi — Yea
Ammiano — Yea
Logue — Nay
Mansoor — Nay
Monning — Yea
Pan — Yea
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea

Official roll call →

Subjects

public-safety healthcare
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does AB 688 do?
The Sherman Food, Drug, and Cosmetic Law contains various provisions regarding the contents, packaging, labeling, and advertising of food, drugs, and cosmetics. The California Retail Food Code provides for the regulation of health and sanitation standards for retail food facilities, as defined, by the State Department of Public Health. Under existing law, local health agencies are primarily responsible for enforcing the California Retail Food Code. A violation of any of these provisions is punishable as a misdemeanor. This bill would prohibit a retailer from selling or offering for sale after the expiration date an over-the-counter drug, as defined. The bill would also prohibit a retail food facility from selling or offering for sale after the "use by" date infant formula or baby food that is required to have this date on its packaging pursuant to federal law. This bill would make a violation of its provisions an infraction, punishable by a fine of not more than $10 per day, calculated as prescribed. This bill would also authorize the department or an enforcement agency, as specified, to assess administrative penalties on a retailer who violates these provisions in the amount of $10 per day for each item sold or offered for sale in violation of these provisions, in addition to other penalties authorized by law. By creating new crimes and imposing additional duties on local officials, 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 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.
Who sponsors AB 688?
AB 688 is sponsored by Alquist, Mitchell, and Pan.
What is the current status of AB 688?
This bill has been enacted into law. Introduced February 17, 2011. Enacted.
Where can I track AB 688?
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