California 2017-2018 Regular Session Status: Enacted

AB 2632 — Packaging and labeling: containers: slack fill.

Last action — Chaptered by Secretary of State - Chapter 544, Statutes of 2018.

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  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 15, 2018. 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 5 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, known as the Fair Packaging and Labeling Act, prohibits a commodities container, or a food container subject to the Federal Food, Drug, and Cosmetic Act (FDCA) from being made, formed, or filled as to be misleading and provides that a container that does not allow a consumer to fully view its contents is misleading if it contains nonfunctional slack fill. Existing law provides that nonfunctional slack fill is the empty space in a package that is filled to substantially less than its capacity for other than specified reasons. Existing law specifies 15 reasons a commodities container, and 6 reasons a food container subject to the FDCA, may contain slack fill without violating the prohibition. Existing law also 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, establishes the same prohibition against nonfunctional slack fill as described above for commodities containers subject to that law and specifies 14 reasons that a container may contain slack fill without violating the prohibition. This bill would revise and recast one of the reasons nonfood containers may contain slack fill without violating the nonfunctional slack fill prohibition, and would also make this reason applicable to food containers subject to the FDCA. The bill would specify an additional reason containers subject to any of these provisions may contain slack fill without violating the nonfunctional slack fill prohibition.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 544, Statutes of 2018.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 2:30 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 78. Noes 0. Page 6909.).

  5. Assembly Rule 77 suspended. (Page 6773.)

  6. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 30 pursuant to Assembly Rule 77.

  7. Read third time. Passed. Ordered to the Assembly. (Ayes 38. Noes 0. Page 5906.).

  8. Read second time. Ordered to third reading.

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

  10. Ordered to third reading.

  11. Ordered to special consent calendar.

  12. Read second time. Ordered to third reading.

  13. From committee: Do pass. (Ayes 8. Noes 0.) (July 2).

  14. In committee: Hearing postponed by committee.

  15. Referred to Com. on B., P. & E.D.

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

  17. Read third time. Passed. Ordered to the Senate. (Ayes 78. Noes 0. Page 5429.)

  18. Read second time. Ordered to third reading.

  19. Read second time and amended. Ordered returned to second reading.

  20. From committee: Amend, and do pass as amended. (Ayes 10. Noes 0.) (May 1).

  21. In committee: Hearing postponed by committee.

  22. Referred to Com. on P. & C.P.

  23. From printer. May be heard in committee March 18.

  24. Read first time. To print.

Sponsors

  • Santiago · Primary

Sponsorship breakdown

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

Sponsors (1)

  • Santiago

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 78 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 58000
Democratic 14002
Republican 6000
Total 78002
% of votes cast 98%0%0%3%
How each member voted (80)
Member Party Vote
Acosta — Yea
Baker — Yea
Bloom — Yea
Brough — Yea
Kamlager-Dove — Yea
Mathis — Yea
Obernolte — Yea
Rendon — Yea
Thurmond — Yea
Waldron — Yea
Chiu — Yea
Eggman — Yea
Friedman — Yea
Gloria — Yea
Frazier — Yea
Harper — Yea
Holden — Yea
Jones-Sawyer — Yea
Kiley — Yea
Gonzalez Fletcher — Yea
Maienschein — Yea
Mayes — Yea
Melendez — Yea
Rubio — Yea
Salas — Yea
Mullin — Yea
Chau — Yea
Bigelow — Yea
Chu — Yea
Chávez — Yea
Cooper — Yea
Cunningham — Yea
Quirk — Yea
Santiago — Yea
Steinorth — Yea
Voepel — Yea
Weber — Yea
Wood — Yea
Rivas — Yea
Fong — Yea
Gray — Yea
Burke — Yea
Levine — Yea
Cooley — Yea
Daly — Yea
Low — Yea
McCarty — Yea
Medina — Yea
Nazarian — Yea
O'Donnell — Yea
Rodriguez — Yea
Ting — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Mark Stone — Yea
Travis Allen — Yea
Wendy Carrillo — 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
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Not Voting
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Not Voting
Quirk-Silva, Sharon Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Chen, Phillip Republican Yea
Choi, Steven S. Republican Yea
Dahle, Megan Republican Yea
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Lackey, Tom Republican Yea

Official roll call →

Passed 38 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 33002
Democratic 5000
Total 38002
% of votes cast 95%0%0%5%
How each member voted (40)
Member Party Vote
Anderson — Yea
Beall — Yea
Hill — Yea
Moorlach — Yea
Nielsen — Yea
Skinner — Yea
Delgado — Not Voting
Fuller — Yea
Bates — Yea
Bradford — Yea
Cannella — Yea
Chang — Yea
Galgiani — Yea
Allen — Yea
Dodd — Yea
De León — Yea
Glazer — Yea
Hernandez — Yea
Portantino — Yea
Atkins — Yea
Mitchell — Yea
Hertzberg — Yea
Hueso — Yea
Lara — Yea
Leyva — Yea
Monning — Yea
Morrell — Yea
Pan — Yea
Roth — Yea
Vidak — Yea
Wieckowski — Yea
Wilk — Yea
Beth Gaines — Yea
Bill Berryhill — Not Voting
Mark Stone — Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Yea
Stern, Henry I. Democratic Yea
Wiener, Scott D. Democratic Yea

Official roll call →

Do pass

Passed 8 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 8001
Total 8001
% of votes cast 89%0%0%11%
How each member voted (9)
Member Party Vote
Hill — Yea
Galgiani — Yea
Fuller — Not Voting
Glazer — Yea
Allen — Yea
Hernandez — Yea
Dodd — Yea
Pan — Yea
Wilk — Yea

Official roll call →

Passed 78 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 57000
Democratic 15000
Republican 6000
Total 78000
% of votes cast 100%0%0%0%
How each member voted (78)
Member Party Vote
Acosta — Yea
Bigelow — Yea
Bloom — Yea
Brough — Yea
Kiley — Yea
Levine — Yea
Low — Yea
Melendez — Yea
O'Donnell — Yea
Rendon — Yea
Steinorth — Yea
Voepel — Yea
Wood — Yea
Eggman — Yea
Cunningham — Yea
Daly — Yea
Frazier — Yea
Friedman — Yea
Gloria — Yea
Gonzalez Fletcher — Yea
Rubio — Yea
Salas — Yea
Harper — Yea
Holden — Yea
Jones-Sawyer — Yea
Fong — Yea
Gray — Yea
Maienschein — Yea
Mathis — Yea
Mayes — Yea
McCarty — Yea
Baker — Yea
Chau — Yea
Chiu — Yea
Chu — Yea
Chávez — Yea
Cooley — Yea
Cooper — Yea
Medina — Yea
Mullin — Yea
Obernolte — Yea
Quirk — Yea
Rodriguez — Yea
Santiago — Yea
Thurmond — Yea
Ting — Yea
Waldron — Yea
Weber — Yea
Burke — Yea
Kamlager-Dove — Yea
Nazarian — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Mark Stone — Yea
Travis Allen — Yea
Wendy Carrillo — 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
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 Yea
Dahle, Megan Republican Yea
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Lackey, Tom Republican Yea

Official roll call →

Subjects

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Frequently asked questions

What does AB 2632 do?
Existing law, known as the Fair Packaging and Labeling Act, prohibits a commodities container, or a food container subject to the Federal Food, Drug, and Cosmetic Act (FDCA) from being made, formed, or filled as to be misleading and provides that a container that does not allow a consumer to fully view its contents is misleading if it contains nonfunctional slack fill. Existing law provides that nonfunctional slack fill is the empty space in a package that is filled to substantially less than its capacity for other than specified reasons. Existing law specifies 15 reasons a commodities container, and 6 reasons a food container subject to the FDCA, may contain slack fill without violating the prohibition. Existing law also 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, establishes the same prohibition against nonfunctional slack fill as described above for commodities containers subject to that law and specifies 14 reasons that a container may contain slack fill without violating the prohibition. This bill would revise and recast one of the reasons nonfood containers may contain slack fill without violating the nonfunctional slack fill prohibition, and would also make this reason applicable to food containers subject to the FDCA. The bill would specify an additional reason containers subject to any of these provisions may contain slack fill without violating the nonfunctional slack fill prohibition.
Who sponsors AB 2632?
AB 2632 is sponsored by Santiago.
What is the current status of AB 2632?
This bill has been enacted into law. Introduced February 15, 2018. Enacted.
Where can I track AB 2632?
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