California 2019-2020 Regular Session Status: Passed Senate 2 D cosponsors

SB 347 — Sugar-sweetened beverages: safety warnings.

Last action — July 2 set for first hearing canceled at the request of author.

Track this bill free

No card. One bill, free forever — alerts when it moves.

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

This bill died with 2019-2020 Regular Session. It reached “Passed Senate” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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. Existing law makes a violation of these requirements a crime. Existing state law, the Pupil Nutrition, Health, and Achievement Act of 2001, prohibits the sale of specified beverages to pupils at schools, except for vegetable-based drinks, drinking water with no added sweetener, milk, and in 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. 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 for a violation of that law 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 the Sherman Food, Drug, and Cosmetic Law. This bill, commencing July 1, 2021, would make the first violation of that law or regulations adopted pursuant to that law result in a notice of violation that would inform the recipient that they have an opportunity to remedy the violation without penalty, and a second or subsequent violation 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 requirements, and would allocate moneys in this fund, upon appropriation by the Legislature, to the department for the purpose of enforcing those provisions. 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. July 2 set for first hearing canceled at the request of author.

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

  3. Referred to Com. on HEALTH.

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

  5. Read third time. Passed. (Ayes 21. Noes 11. Page 1268.) Ordered to the Assembly.

  6. Read second time. Ordered to third reading.

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

  8. From committee: Do pass as amended. (Ayes 4. Noes 2. Page 1097.) (May 16).

  9. Set for hearing May 16.

  10. April 8 hearing: Placed on APPR. suspense file.

  11. Set for hearing April 8.

  12. From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 1. Page 490.) (March 27). Re-referred to Com. on APPR.

  13. Set for hearing March 27.

  14. Referred to Com. on HEALTH.

  15. From printer. May be acted upon on or after March 22.

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

Sponsors

  • Monning · Primary
  • Hertzberg · Cosponsor
  • Mitchell · Cosponsor
  • Pan · Cosponsor
  • Skinner · Cosponsor
  • Scott D. Wiener · Cosponsor
  • Bloom · Cosponsor
  • Bonta · Cosponsor
  • Chiu · Cosponsor
  • McCarty · Cosponsor
  • Wood · Cosponsor
  • Benjamin Allen · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 11 co-sponsors · 110 not signed on · 4 voted No

Sponsors (1)

  • Monning

Co-sponsors (11)

Not signed on (110)

110 members have not signed on to this bill.

Show all 110 →

"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

3rd Reading SB347 Monning et al.

Passed 21 Yea · 11 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 15804
Democratic 6102
Republican 0200
Total 211106
% of votes cast 55%29%0%16%
How each member voted (38)
Member Party Vote
Monning — Yea
Wieckowski — Yea
Mitchell — Yea
Bradford — Yea
Beall — Yea
Atkins — Yea
Roth — Yea
Hill — Yea
Leyva — Yea
Skinner — Yea
Allen — Yea
Galgiani — Yea
Hertzberg — Yea
Portantino — Yea
Pan — Yea
Dodd — Nay
Moorlach — Nay
Borgeas — Nay
Bates — Nay
Morrell — Nay
Nielsen — Nay
Chang — Nay
Rubio — Not Voting
Glazer — Not Voting
Hueso — Not Voting
Wilk — Not Voting
Mark Stone — Nay
Archuleta, Bob Democratic Nay
Caballero, Anna M. Democratic Not Voting
Durazo, Maria Elena Democratic Yea
Hurtado, Melissa Democratic Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Not Voting
Wiener, Scott D. Democratic Yea
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

Do pass as amended

Passed 4 Yea · 2 Nay
Party YeaNayPresentNot Voting
Unaffiliated 4100
Republican 0100
Total 4200
% of votes cast 67%33%0%0%
How each member voted (6)
Member Party Vote
Hill — Yea
Bradford — Yea
Portantino — Yea
Wieckowski — Yea
Bates — Nay
Jones, Brian W. Republican Nay

Official roll call →

Placed on suspense file

Passed 6 Yea · 0 Nay
Party YeaNayPresentNot Voting
Republican 1000
Unaffiliated 5000
Total 6000
% of votes cast 100%0%0%0%
How each member voted (6)
Member Party Vote
Wieckowski — Yea
Portantino — Yea
Bates — Yea
Hill — Yea
Bradford — Yea
Jones, Brian W. Republican Yea

Official roll call →

Do pass, but first be re-referred to the Committee on [Appropriations]

Passed 5 Yea · 1 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 4101
Democratic 1001
Republican 0001
Total 5103
% of votes cast 56%11%0%33%
How each member voted (9)
Member Party Vote
Monning — Yea
Mitchell — Yea
Pan — Yea
Leyva — Yea
Rubio — Not Voting
Mark Stone — Nay
Durazo, Maria Elena Democratic Yea
Hurtado, Melissa Democratic Not Voting
Grove, Shannon Republican Not Voting

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 SB 347 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. Existing law makes a violation of these requirements a crime. Existing state law, the Pupil Nutrition, Health, and Achievement Act of 2001, prohibits the sale of specified beverages to pupils at schools, except for vegetable-based drinks, drinking water with no added sweetener, milk, and in 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. 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 for a violation of that law 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 the Sherman Food, Drug, and Cosmetic Law. This bill, commencing July 1, 2021, would make the first violation of that law or regulations adopted pursuant to that law result in a notice of violation that would inform the recipient that they have an opportunity to remedy the violation without penalty, and a second or subsequent violation 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 requirements, and would allocate moneys in this fund, upon appropriation by the Legislature, to the department for the purpose of enforcing those provisions. The bill would make legislative findings and declarations relating to the consumption of sugar-sweetened beverages, obesity, and dental disease.
Who sponsors SB 347?
SB 347 is sponsored by Monning, Hertzberg, Mitchell, Pan, Skinner, Wiener, Scott D. (Democratic), Bloom, Bonta, Chiu, McCarty, Wood, and Allen, Benjamin (Democratic).
What is the current status of SB 347?
This bill died with 2019-2020 Regular Session. It reached “Passed Senate” 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 SB 347?
Track SB 347 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on SB 347

Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.

Find my representatives → Run a campaign

Stay ahead of SB 347

Last checked for changes 3 months ago · updated continuously

One Click Politics tracks every bill in Congress and all 50 states.

Track this bill →