California 2013-2014 Regular Session Status: Enacted

SB 465 — Packaging and labeling: containers: slack fill.

Last action — Chaptered by Secretary of State. Chapter 429, Statutes of 2013.

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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 February 21, 2013. Enacted.

Prognosis

Likely to advance 70% · 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.

  • 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

Existing law establishes the Department of Food and Agriculture and sets forth its powers and duties, including, but not limited to, enforcement of the Fair Packaging and Labeling Act. The act prohibits specified persons from distributing any packaged commodity that is not in conformity with prescribed packaging and labeling requirements, except as provided. The act prohibits a container wherein commodities are packed to have a false bottom, false sidewalls, false lid or covering, or to be constructed or filled as to facilitate the perpetration of deception or fraud. The act prohibits a commodities container, or a food container subject to the Federal Food, Drug, and Cosmetic Act from being made, formed, or filled as to be misleading. The act provides that a container that does not allow a consumer to fully view its contents violates this provision if it contains nonfunctional slack fill. The act provides that nonfunctional slack fill is the empty space in a package that is filled to less than its capacity for other than specified reasons. However, existing law provides that these state provisions regarding food containers are operative only to the extent they are identical to specified federal requirements. Existing law, the Sherman Food, Drug, and Cosmetic Law, also provides for the regulation by the State Department of Public Health of the packaging and labeling of foods, drugs, devices, and cosmetics, and provides requirements for containers containing these commodities that are similar to the requirements for containers under the Fair Packaging and Labeling Act. This bill would instead define nonfunctional slack fill for all of these provisions as the empty space in a package that is filled to substantially less than its capacity for other than any one or more of the applicable reasons. The bill would provide that slack fill in a package shall not be used as grounds to allege a violation of the applicable provisions based solely on its presence in any of these types of packages unless it is nonfunctional slack fill, except that, for food containers, this would be operative only to the extent it is identical to the federal requirement.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 429, Statutes of 2013.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 5 p.m.

  4. Assembly amendments concurred in. (Ayes 37. Noes 0. Page 2290.) Ordered to engrossing and enrolling.

  5. In Senate. Concurrence in Assembly amendments pending.

  6. Read third time. Passed. (Ayes 76. Noes 0. Page 2998.) Ordered to the Senate.

  7. Ordered to third reading.

  8. Read third time and amended. (Page 2864.)

  9. Read second time. Ordered to third reading.

  10. Read second time and amended. Ordered to second reading.

  11. From committee: Do pass as amended. (Ayes 13. Noes 0.) (August 13).

  12. From committee with author's amendments. Read second time and amended. Re-referred to Com. on B.,P. & C.P.

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

  14. From committee: Do pass and re-refer to Com. on B.,P. & C.P. (Ayes 7. Noes 0.) (July 3). Re-referred to Com. on B.,P. & C.P.

  15. Referred to Coms. on AGRI. and B.,P. & C.P.

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

  17. Read third time. Passed. (Ayes 37. Noes 0. Page 1187.) Ordered to the Assembly.

  18. Read second time. Ordered to third reading.

  19. From committee: Do pass. (Ayes 9. Noes 0. Page 817.) (May 6).

  20. Set for hearing May 6.

  21. From committee with author's amendments. Read second time and amended. Re-referred to Com. on B., P. & E.D.

  22. Hearing postponed by committee.

  23. Set for hearing April 29.

  24. Re-referred to Com. on B., P. & E.D.

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

  26. Referred to Com. on RLS.

  27. From printer. May be acted upon on or after March 24.

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

Sponsors

  • Correa · Primary

Sponsorship breakdown

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

Sponsors (1)

  • Correa

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 SB465 Correa Concurrence

Passed 37 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 34002
Democratic 3000
Total 37002
% of votes cast 95%0%0%5%
How each member voted (39)
Member Party Vote
Anderson — Yea
Beall — Yea
Hernandez — Yea
Lieu — Yea
Torres — Yea
Vidak — Yea
Wright — Yea
Emmerson — Yea
Huff — Yea
Leno — Yea
De León — Yea
Correa — Yea
DeSaulnier — Yea
Liu — Yea
Nielsen — Yea
Steinberg — Yea
Wyland — Yea
Evans — Yea
Cannella — Yea
Hancock — Not Voting
Hill — Yea
Hueso — Yea
Knight — Yea
Lara — Yea
Block — Yea
Corbett — Yea
Monning — Yea
Pavley — Yea
Roth — Yea
Walters — Not Voting
Wolk — Yea
Fuller — Yea
Galgiani — Yea
Yee — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Calderon, Lisa Democratic Yea
Jackson, Corey A. Democratic Yea
Padilla, Stephen C. Democratic Yea

Official roll call →

SB 465 Correa Senate Third Reading By EGGMAN

Passed 76 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 69002
Democratic 4000
Republican 3000
Total 76002
% of votes cast 97%0%0%3%
How each member voted (78)
Member Party Vote
Achadjian — Yea
Alejo — Yea
Bigelow — Yea
Bloom — Yea
Bradford — Yea
Brown — Yea
Buchanan — Yea
Holden — Yea
Maienschein — Yea
Mansoor — Yea
Medina — Yea
Melendez — Yea
Pan — Yea
Skinner — Yea
Wagner — Yea
Weber — Yea
Wilk — Yea
Chesbro — Yea
Cooley — Yea
Daly — Yea
Hagman — Yea
Allen — Yea
Logue — Yea
Lowenthal — Yea
Linder — Yea
Garcia — Yea
Gray — Yea
Atkins — Yea
Waldron — Yea
Gordon — Yea
Fong — Yea
Mitchell — Yea
Nazarian — Yea
Olsen — Yea
Eggman — Yea
Bonilla — Yea
Harkey — Yea
Ammiano — Yea
Quirk — Yea
Campos — Yea
Chávez — Yea
Jones-Sawyer — Yea
Levine — Yea
Morrell — Yea
Bocanegra — Yea
Mullin — Yea
John A. Pérez — Yea
Perea — Yea
Dickinson — Yea
Rendon — Yea
Wieckowski — Yea
Williams — Yea
Nestande — Yea
Salas — Yea
Ting — Yea
Chau — Yea
Conway — Yea
Donnelly — Not Voting
Fox — Yea
Frazier — Yea
Gatto — Yea
Yamada — Yea
Gomez — Yea
Gorell — Yea
Hall — Not Voting
Beth Gaines — Yea
Jim Patterson — Yea
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Dahle, Megan Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

Do pass as amended.

Passed 13 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 12001
Republican 1000
Total 13001
% of votes cast 93%0%0%7%
How each member voted (14)
Member Party Vote
Maienschein — Yea
Campos — Yea
Holden — Yea
Bocanegra — Yea
Bonilla — Yea
Gordon — Yea
Eggman — Yea
Mullin — Yea
Skinner — Not Voting
Ting — Yea
Wilk — Yea
Dickinson — Yea
Hagman — Yea
Jones, Brian W. Republican Yea

Official roll call →

3rd Reading

Passed 37 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 34002
Democratic 3000
Total 37002
% of votes cast 95%0%0%5%
How each member voted (39)
Member Party Vote
Block — Yea
Hueso — Not Voting
Lara — Yea
Liu — Yea
Nielsen — Yea
Price — Yea
Roth — Yea
Steinberg — Yea
Wright — Not Voting
Evans — Yea
Cannella — Yea
Fuller — Yea
Hernandez — Yea
Wyland — Yea
Hill — Yea
Huff — Yea
Knight — Yea
De León — Yea
Leno — Yea
Lieu — Yea
Monning — Yea
Corbett — Yea
Anderson — Yea
Beall — Yea
Pavley — Yea
Torres — Yea
Walters — Yea
Wolk — Yea
Emmerson — Yea
Correa — Yea
DeSaulnier — Yea
Galgiani — Yea
Yee — Yea
Hancock — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Calderon, Lisa Democratic Yea
Jackson, Corey A. Democratic Yea
Padilla, Stephen C. Democratic Yea

Official roll call →

Do pass.

Passed 9 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 8001
Democratic 1000
Total 9001
% of votes cast 90%0%0%10%
How each member voted (10)
Member Party Vote
Block — Yea
Hernandez — Yea
Hill — Yea
Corbett — Yea
Emmerson — Yea
Wyland — Yea
Price — Yea
Galgiani — Yea
Yee — Not Voting
Padilla, Stephen C. Democratic Yea

Official roll call →

Subjects

health-insurance agriculture
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Frequently asked questions

What does SB 465 do?
Existing law establishes the Department of Food and Agriculture and sets forth its powers and duties, including, but not limited to, enforcement of the Fair Packaging and Labeling Act. The act prohibits specified persons from distributing any packaged commodity that is not in conformity with prescribed packaging and labeling requirements, except as provided. The act prohibits a container wherein commodities are packed to have a false bottom, false sidewalls, false lid or covering, or to be constructed or filled as to facilitate the perpetration of deception or fraud. The act prohibits a commodities container, or a food container subject to the Federal Food, Drug, and Cosmetic Act from being made, formed, or filled as to be misleading. The act provides that a container that does not allow a consumer to fully view its contents violates this provision if it contains nonfunctional slack fill. The act provides that nonfunctional slack fill is the empty space in a package that is filled to less than its capacity for other than specified reasons. However, existing law provides that these state provisions regarding food containers are operative only to the extent they are identical to specified federal requirements. Existing law, the Sherman Food, Drug, and Cosmetic Law, also provides for the regulation by the State Department of Public Health of the packaging and labeling of foods, drugs, devices, and cosmetics, and provides requirements for containers containing these commodities that are similar to the requirements for containers under the Fair Packaging and Labeling Act. This bill would instead define nonfunctional slack fill for all of these provisions as the empty space in a package that is filled to substantially less than its capacity for other than any one or more of the applicable reasons. The bill would provide that slack fill in a package shall not be used as grounds to allege a violation of the applicable provisions based solely on its presence in any of these types of packages unless it is nonfunctional slack fill, except that, for food containers, this would be operative only to the extent it is identical to the federal requirement.
Who sponsors SB 465?
SB 465 is sponsored by Correa.
What is the current status of SB 465?
This bill has been enacted into law. Introduced February 21, 2013. Enacted.
Where can I track SB 465?
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