California 2011-2012 Regular Session Status: Enacted 1 D cosponsors

SB 20 — Food facilities: menu labeling.

Last action — Chaptered by Secretary of State. Chapter 415, Statutes of 2011.

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

This bill has been enacted into law. Introduced December 06, 2010. Enacted.

Prognosis

Likely to advance 72% · 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.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 D).

  • Cleared a recorded vote

    Passed 7 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

Existing law, the California Retail Food Code, requires, on and after January 1, 2011, each food facility in the state that operates under common ownership or control with at least 19 other food facilities with the same name in the state and that offers for sale substantially the same menu items or that meets other specified criteria to disclose calorie content information per standard menu item, as specified. The State Department of Public Health administers and local enforcement agencies enforce this code. Existing law provides that, on and after July 1, 2009, a food facility that violates these provisions is guilty of an infraction. Existing law, the Federal Food, Drug, and Cosmetic Act, requires certain restaurants and similar retail food establishments that are part of a chain with 20 or more locations doing business under the same name and offering for sale substantially the same menu items to disclose nutrient content information, as specified, and provides that certain state and local nutrient content information requirements that are not identical to the federal law are preempted. This bill would repeal the above-described state calorie content disclosure requirements of the California Retail Food Code, and would require a food facility that is subject to the federal disclosure provisions for nutrient content information or was subject to the state calorie content disclosure requirements, as specified, to comply with these federal disclosure requirements and the regulations adopted pursuant thereto. It would also require the department or local enforcement agencies to enforce these provisions, as specified, and would make a violation thereof an infraction or subject to a civil penalty. By expanding the definition of a crime and adding new local enforcement duties, 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.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 415, Statutes of 2011.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 11:30 a.m.

  4. Assembly amendments concurred in. (Ayes 38. Noes 1. Page 2404.) Ordered to engrossing and enrolling.

  5. In Senate. Concurrence in Assembly amendments pending.

  6. Read third time. Passed. (Ayes 77. Noes 0. Page 2990.) Ordered to the Senate.

  7. Ordered to third reading.

  8. Read third time and amended. (Ayes 74. Noes 0. Page 2811.)

  9. Ordered to third reading.

  10. Read third time and amended. (Page 2709.)

  11. Ordered to third reading.

  12. From consent calendar.

  13. Read second time. Ordered to consent calendar.

  14. From committee: Do pass. Ordered to consent calendar. (Ayes 17. Noes 0.) (August 17).

  15. From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR.

  16. From committee: Do pass and re-refer to Com. on APPR. (Ayes 13. Noes 0.) (July 5). Re-referred to Com. on APPR.

  17. From committee with author's amendments. Read second time and amended. Re-referred to Com. on HEALTH.

  18. Set, first hearing. Hearing canceled at the request of author.

  19. Referred to Com. on HEALTH.

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

  21. Read third time. Passed. (Ayes 34. Noes 2. Page 1140.) Ordered to the Assembly.

  22. Read second time. Ordered to third reading.

  23. From committee: Be placed on second reading file pursuant to Senate Rule 28.8.

  24. Set for hearing May 16.

  25. From committee: Do pass and re-refer to Com. on APPR. (Ayes 8. Noes 1. Page 885.) (May 4). Re-referred to Com. on APPR.

  26. Set for hearing May 4.

  27. Re-referred to Com. on HEALTH.

  28. From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.

  29. Referred to Com. on RLS.

  30. From printer. May be acted upon on or after January 6.

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

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

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

Passed 38 Yea · 1 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 35101
Republican 1000
Democratic 2000
Total 38101
% of votes cast 95%3%0%3%
How each member voted (40)
Member Party Vote
Yee — Yea
Wolk — Yea
Wyland — Yea
Runner — Yea
Lowenthal — Yea
De León — Yea
Negrete McLeod — Yea
Evans — Not Voting
Fuller — Yea
Rubio — Yea
Hancock — Yea
Harman — Yea
Hernandez — Yea
Kehoe — Yea
Leno — Yea
Lieu — Yea
Blakeslee — Yea
Cannella — Yea
Corbett — Yea
Correa — Yea
Dutton — Yea
Pavley — Yea
Price — Yea
Simitian — Yea
Steinberg — Yea
Vargas — Yea
Walters — Yea
Wright — Yea
Alquist — Yea
Anderson — Nay
Huff — Yea
Liu — Yea
Emmerson — Yea
DeSaulnier — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
La Malfa — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Passed 77 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Republican 2000
Unaffiliated 74003
Democratic 1000
Total 77003
% of votes cast 96%0%0%4%
How each member voted (80)
Member Party Vote
Fuentes — Yea
Galgiani — Yea
John A. Pérez — Yea
Mitchell — Yea
Gatto — Yea
Gordon — Yea
Atkins — Yea
Hagman — Yea
Butler — Yea
Halderman — Yea
Hall — Yea
Hayashi — Yea
Campos — Yea
Portantino — Yea
Hill — Yea
Hueso — Yea
Carter — Yea
Allen — Yea
Huffman — Yea
Knight — Yea
Bonilla — Yea
Lara — Yea
Fong — Yea
Fletcher — Yea
Cedillo — Yea
Alejo — Yea
Ammiano — Yea
Chesbro — Yea
Conway — Yea
Cook — Yea
Davis — Yea
Donnelly — Yea
Mendoza — Yea
Miller — Yea
Morrell — Yea
Nestande — Yea
Norby — Yea
Olsen — Yea
Perea — Yea
Silva — Yea
Smyth — Yea
Solorio — Yea
Torres — Yea
Valadao — Yea
Wieckowski — Yea
Williams — Yea
Furutani — Not Voting
Gorell — Not Voting
Beall — Yea
Monning — Yea
Achadjian — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Yea
Huber — Yea
Jeffries — Yea
Logue — Yea
Ma — Yea
Mansoor — Not Voting
Nielsen — Yea
Pan — Yea
Skinner — Yea
Swanson — Yea
Wagner — Yea
Eng — Yea
Feuer — Yea
Dickinson — Yea
Yamada — Yea
Garrick — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

Passed 74 Yea · 0 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 71006
Republican 2000
Democratic 1000
Total 74006
% of votes cast 93%0%0%8%
How each member voted (80)
Member Party Vote
Gorell — Not Voting
Hagman — Yea
Butler — Yea
Eng — Yea
Feuer — Yea
Fuentes — Yea
Garrick — Yea
Carter — Yea
Gatto — Yea
Harkey — Yea
Fong — Yea
Cedillo — Yea
Huber — Yea
Allen — Yea
Logue — Yea
Conway — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Ammiano — Yea
Blumenfield — Yea
Cook — Yea
Olsen — Yea
Perea — Yea
Skinner — Yea
Swanson — Yea
Valadao — Yea
Wagner — Yea
Williams — Yea
Fletcher — Yea
Atkins — Yea
Galgiani — Yea
Bonilla — Not Voting
Campos — Yea
Gordon — Yea
Halderman — Not Voting
Hall — Yea
Jeffries — Yea
Beall — Yea
Block — Yea
Chesbro — Yea
Donnelly — Not Voting
Lara — Yea
Miller — Yea
Monning — Yea
Nestande — Yea
Nielsen — Yea
Pan — Yea
Silva — Yea
Torres — Yea
Wieckowski — Yea
Achadjian — Yea
Alejo — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Hill — Yea
Hueso — Yea
Huffman — Yea
Knight — Yea
Ma — Yea
Mansoor — Yea
Mendoza — Yea
Morrell — Yea
Norby — Yea
Solorio — Yea
Smyth — Yea
Davis — Not Voting
Dickinson — Yea
Furutani — Not Voting
Yamada — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

Passed 17 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 16000
Democratic 1000
Total 17000
% of votes cast 100%0%0%0%
How each member voted (17)
Member Party Vote
Campos — Yea
Hall — Yea
Harkey — Yea
Mitchell — Yea
Donnelly — Yea
Lara — Yea
Nielsen — Yea
Norby — Yea
Wagner — Yea
Blumenfield — Yea
Bradford — Yea
Hill — Yea
Solorio — Yea
Davis — Yea
Fuentes — Yea
Gatto — Yea
Calderon, Lisa Democratic Yea

Official roll call →

Passed 13 Yea · 0 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 13006
Total 13006
% of votes cast 68%0%0%32%
How each member voted (19)
Member Party Vote
Gordon — Yea
Garrick — Not Voting
Mitchell — Yea
Bonilla — Yea
Atkins — Yea
Monning — Yea
Nestande — Not Voting
Ammiano — Yea
Hayashi — Yea
Logue — Not Voting
Mansoor — Not Voting
Pan — Yea
Silva — Not Voting
Smyth — Not Voting
Williams — Yea
Eng — Yea
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea

Official roll call →

3rd Reading

Passed 34 Yea · 2 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 31204
Republican 1000
Democratic 2000
Total 34204
% of votes cast 85%5%0%10%
How each member voted (40)
Member Party Vote
Yee — Yea
Wyland — Yea
Lowenthal — Yea
De León — Yea
Negrete McLeod — Yea
Evans — Yea
Rubio — Yea
Fuller — Not Voting
Cannella — Yea
Runner — Not Voting
Hancock — Yea
Harman — Yea
Anderson — Nay
Blakeslee — Yea
Corbett — Yea
Dutton — Yea
Lieu — Yea
Pavley — Yea
Simitian — Not Voting
Vargas — Yea
Wright — Yea
Alquist — Yea
Hernandez — Yea
Huff — Yea
Kehoe — Yea
Leno — Yea
Liu — Yea
Price — Yea
Steinberg — Yea
Walters — Nay
Wolk — Yea
Emmerson — Not Voting
Correa — Yea
DeSaulnier — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
La Malfa — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Subjects

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Frequently asked questions

What does SB 20 do?
Existing law, the California Retail Food Code, requires, on and after January 1, 2011, each food facility in the state that operates under common ownership or control with at least 19 other food facilities with the same name in the state and that offers for sale substantially the same menu items or that meets other specified criteria to disclose calorie content information per standard menu item, as specified. The State Department of Public Health administers and local enforcement agencies enforce this code. Existing law provides that, on and after July 1, 2009, a food facility that violates these provisions is guilty of an infraction. Existing law, the Federal Food, Drug, and Cosmetic Act, requires certain restaurants and similar retail food establishments that are part of a chain with 20 or more locations doing business under the same name and offering for sale substantially the same menu items to disclose nutrient content information, as specified, and provides that certain state and local nutrient content information requirements that are not identical to the federal law are preempted. This bill would repeal the above-described state calorie content disclosure requirements of the California Retail Food Code, and would require a food facility that is subject to the federal disclosure provisions for nutrient content information or was subject to the state calorie content disclosure requirements, as specified, to comply with these federal disclosure requirements and the regulations adopted pursuant thereto. It would also require the department or local enforcement agencies to enforce these provisions, as specified, and would make a violation thereof an infraction or subject to a civil penalty. By expanding the definition of a crime and adding new local enforcement duties, 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.
Who sponsors SB 20?
SB 20 is sponsored by Padilla, Stephen C. (Democratic).
What is the current status of SB 20?
This bill has been enacted into law. Introduced December 06, 2010. Enacted.
Where can I track SB 20?
Track SB 20 free on One Click Politics — get push/email alerts when it moves.

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