California 2017-2018 Regular Session Status: Passed Assembly 3 D cosponsors

AB 1335 — Sugar-sweetened beverages: safety warnings.

Last action — In committee: Referred to APPR. suspense file.

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

This bill died with 2017-2018 Regular Session. It reached “Passed Assembly” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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

(1) Existing federal law, the Federal Food, Drug, and Cosmetic Act, regulates, among other things, the quality and packaging of foods introduced or delivered for introduction into interstate commerce and generally prohibits the misbranding of food. Existing federal law, the Nutrition Labeling and Education Act of 1990, governs state and local labeling requirements, including those that characterize the relationship of any nutrient specified in the labeling of food to a disease or health-related condition. Existing state law, the Sherman Food, Drug, and Cosmetic Law, generally regulates misbranded food and provides that any food is misbranded if its labeling does not conform with the requirements for nutrient content or health claims as set forth in the Federal Food, Drug, and Cosmetic Act and the regulations adopted pursuant to that federal act. Existing law requires that a food facility, as defined, make prescribed disclosures and warnings to consumers, as specified. A violation of these provisions is a crime. Existing state law, the Pupil Nutrition, Health, and Achievement Act of 2001, also requires the sale of only certain beverages to pupils at schools. The beverages that may be sold include fruit-based and vegetable-based drinks, drinking water with no added sweetener, milk, and in middle and high schools, an electrolyte replacement beverage if those beverages meet certain nutritional requirements. This bill would establish the Sugar-Sweetened Beverages Safety Warning Act, which would prohibit a person from distributing, selling, or offering for sale a sugar-sweetened beverage in a sealed beverage container, a multipack of sugar-sweetened beverages, or a concentrate, as those terms are defined, in this state unless the sealed beverage container, multipack, or packaging of the concentrate bears a safety warning, as prescribed. The bill also would require every person who owns, leases, or otherwise legally controls the premises where a vending machine or beverage dispensing machine is located, or where a sugar-sweetened beverage is sold in an unsealed container, to place a specified safety warning in certain locations, including on the exterior of any vending machine that includes a sugar-sweetened beverage for sale. (2) Under existing law, the State Department of Public Health, upon the request of a health officer, as defined, may authorize the local health department of a city, county, city and county, or local health district to enforce the provisions of the Sherman Food, Drug, and Cosmetic Law. Existing law authorizes the State Department of Public Health to assess a civil penalty against any person in an amount not to exceed $1,000 per day, except as specified. Existing law authorizes the Attorney General or any district attorney, on behalf of the State Department of Public Health, to bring an action in a superior court to grant a temporary or permanent injunction restraining a person from violating any provision of the Sherman Food, Drug, and Cosmetic Law. This bill, commencing July 1, 2019, would provide that any violation of the provisions described in (1) above, or regulations adopted pursuant to those provisions, is punishable by a civil penalty of not less than $50, but no greater than $500. This bill would also create the Sugar-Sweetened Beverages Safety Warning Fund for the receipt of all moneys collected for violations of those provisions. The bill would allocate moneys in this fund, upon appropriation by the Legislature, to the department for the purpose of enforcing those provisions. (3) The bill would make legislative findings and declarations relating to the consumption of sugar-sweetened beverages, obesity, and dental disease.

Bill Text

Action History

  1. In committee: Referred to APPR. suspense file.

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

  3. From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 6. Noes 2.) (June 27).

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

  5. In committee: Set, first hearing. Hearing canceled at the request of author.

  6. Referred to Com. on HEALTH.

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

  8. Read third time. Passed. Ordered to the Senate. (Ayes 77. Noes 0. Page 1858.)

  9. Read second time. Ordered to Consent Calendar.

  10. From committee: Do pass. To Consent Calendar. (Ayes 17. Noes 0.) (May 24).

  11. Re-referred to Com. on APPR.

  12. Read second time and amended.

  13. From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 14. Noes 0.) (April 25).

  14. From committee: Do pass and re-refer to Com. on HEALTH. (Ayes 6. Noes 0.) (April 24). Re-referred to Com. on HEALTH.

  15. (pending re-refer to Com. on HEALTH)

  16. Assembly Rule 56 suspended. (Page 1117.)

  17. In committee: Set, first hearing. Failed passage. Reconsideration granted.

  18. Re-referred to Com. on AGING & L.T.C.

  19. From committee chair, with author's amendments: Amend, and re-refer to Com. on AGING & L.T.C. Read second time and amended.

  20. Referred to Com. on AGING & L.T.C.

  21. From printer. May be heard in committee March 21.

  22. Read first time. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 9 co-sponsors · 112 not signed on · 1 voted No

Sponsors (1)

Co-sponsors (9)

Not signed on (112)

112 members have not signed on to this bill.

Show all 112 →

"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

Placed on suspense file

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 6000
Democratic 1000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Beall — Yea
Bradford — Yea
Hill — Yea
Portantino — Yea
Nielsen — Yea
Bates — Yea
Wiener, Scott D. Democratic Yea

Official roll call →

AB 1335 KALRA Consent Calendar Second Day

Passed 77 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 55002
Democratic 16000
Republican 6001
Total 77003
% of votes cast 96%0%0%4%
How each member voted (80)
Member Party Vote
Acosta — Yea
Bigelow — Yea
Bloom — Yea
Brough — Yea
Kiley — Yea
Mathis — Yea
Melendez — Yea
Nazarian — Yea
Obernolte — Yea
Ridley-Thomas — Yea
Steinorth — Yea
Thurmond — Yea
Waldron — Yea
Weber — Yea
Eggman — Not Voting
Burke — Yea
Chu — Yea
Cooley — Yea
Cunningham — Yea
Gonzalez Fletcher — Yea
Holden — Yea
Jones-Sawyer — Yea
Salas — Yea
Levine — Yea
Low — Yea
Gray — Yea
Mayes — Yea
Bocanegra — Yea
Medina — Yea
Mullin — Yea
Rubio — Yea
Quirk — Yea
Rendon — Yea
Rodriguez — Yea
Santiago — Yea
Ting — Yea
Voepel — Yea
Wood — Yea
Friedman — Yea
Gomez — Yea
Harper — Yea
Maienschein — Yea
McCarty — Yea
Baker — Yea
Chau — Not Voting
Chiu — Yea
Chávez — Yea
Cooper — Yea
O'Donnell — Yea
Dababneh — Yea
Daly — Yea
Frazier — Yea
Gloria — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Mark Stone — Yea
Travis Allen — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Berman, Marc Democratic Yea
Bonta, Mia Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Fong, Mike Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Chen, Phillip Republican Yea
Choi, Steven S. Republican Not Voting
Dahle, Megan Republican Yea
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Lackey, Tom Republican Yea
Patterson, Joe Republican Yea

Official roll call →

Do pass. To Consent Calendar.

Passed 17 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 12000
Democratic 4000
Republican 1000
Total 17000
% of votes cast 100%0%0%0%
How each member voted (17)
Member Party Vote
Bigelow — Yea
Bloom — Yea
Brough — Yea
Obernolte — Yea
Gloria — Yea
Gonzalez Fletcher — Yea
Jones-Sawyer — Yea
Bocanegra — Yea
Chau — Yea
Quirk — Yea
Friedman — Yea
Eduardo Garcia — Yea
Bonta, Mia Democratic Yea
Fong, Mike Democratic Yea
Muratsuchi, Al Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Gallagher, James Republican Yea

Official roll call →

Do pass as amended and be re-referred to the Committee on [Appropriations]

Passed 14 Yea · 0 Nay
Party YeaNayPresentNot Voting
Republican 2000
Democratic 3000
Unaffiliated 9000
Total 14000
% of votes cast 100%0%0%0%
How each member voted (14)
Member Party Vote
Rodriguez — Yea
Waldron — Yea
Wood — Yea
Burke — Yea
Maienschein — Yea
McCarty — Yea
Chiu — Yea
Nazarian — Yea
Santiago — Yea
Bonta, Mia Democratic Yea
Limón, Monique Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Gallagher, James Republican Yea
Patterson, Joe Republican Yea

Official roll call →

Subjects

public-safety healthcare
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Frequently asked questions

What does AB 1335 do?
(1) Existing federal law, the Federal Food, Drug, and Cosmetic Act, regulates, among other things, the quality and packaging of foods introduced or delivered for introduction into interstate commerce and generally prohibits the misbranding of food. Existing federal law, the Nutrition Labeling and Education Act of 1990, governs state and local labeling requirements, including those that characterize the relationship of any nutrient specified in the labeling of food to a disease or health-related condition. Existing state law, the Sherman Food, Drug, and Cosmetic Law, generally regulates misbranded food and provides that any food is misbranded if its labeling does not conform with the requirements for nutrient content or health claims as set forth in the Federal Food, Drug, and Cosmetic Act and the regulations adopted pursuant to that federal act. Existing law requires that a food facility, as defined, make prescribed disclosures and warnings to consumers, as specified. A violation of these provisions is a crime. Existing state law, the Pupil Nutrition, Health, and Achievement Act of 2001, also requires the sale of only certain beverages to pupils at schools. The beverages that may be sold include fruit-based and vegetable-based drinks, drinking water with no added sweetener, milk, and in middle and high schools, an electrolyte replacement beverage if those beverages meet certain nutritional requirements. This bill would establish the Sugar-Sweetened Beverages Safety Warning Act, which would prohibit a person from distributing, selling, or offering for sale a sugar-sweetened beverage in a sealed beverage container, a multipack of sugar-sweetened beverages, or a concentrate, as those terms are defined, in this state unless the sealed beverage container, multipack, or packaging of the concentrate bears a safety warning, as prescribed. The bill also would require every person who owns, leases, or otherwise legally controls the premises where a vending machine or beverage dispensing machine is located, or where a sugar-sweetened beverage is sold in an unsealed container, to place a specified safety warning in certain locations, including on the exterior of any vending machine that includes a sugar-sweetened beverage for sale. (2) Under existing law, the State Department of Public Health, upon the request of a health officer, as defined, may authorize the local health department of a city, county, city and county, or local health district to enforce the provisions of the Sherman Food, Drug, and Cosmetic Law. Existing law authorizes the State Department of Public Health to assess a civil penalty against any person in an amount not to exceed $1,000 per day, except as specified. Existing law authorizes the Attorney General or any district attorney, on behalf of the State Department of Public Health, to bring an action in a superior court to grant a temporary or permanent injunction restraining a person from violating any provision of the Sherman Food, Drug, and Cosmetic Law. This bill, commencing July 1, 2019, would provide that any violation of the provisions described in (1) above, or regulations adopted pursuant to those provisions, is punishable by a civil penalty of not less than $50, but no greater than $500. This bill would also create the Sugar-Sweetened Beverages Safety Warning Fund for the receipt of all moneys collected for violations of those provisions. The bill would allocate moneys in this fund, upon appropriation by the Legislature, to the department for the purpose of enforcing those provisions. (3) The bill would make legislative findings and declarations relating to the consumption of sugar-sweetened beverages, obesity, and dental disease.
Who sponsors AB 1335?
AB 1335 is sponsored by Bloom, Chiu, McCarty, Monning, Stern, Henry I. (Democratic), Thurmond, Wiener, Scott D. (Democratic), Wood, Bonta, Mia (Democratic), and Mark Stone.
What is the current status of AB 1335?
This bill died with 2017-2018 Regular Session. It reached “Passed Assembly” 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 AB 1335?
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