AB 2244

Existing law, the Sherman Food, Drug, and Cosmetic Law (law), under the administration and enforcement of the State Department of Public Health, provides for the regulation of various subjects relating to the manufacturing, processing, labeling, advertising, and sale of food, drugs, and cosmetics. Existing law provides that a violation of the law is punishable as a misdemeanor or a fine, and authorizes the department to assess a civil penalty against a person who violates any provision of the law. Existing law defines, for certain school-related purposes, “ultraprocessed food” as any food or beverage that contains a specified substance and either high amounts of saturated fat, sodium, or added sugar or a nonnutritive sweetener or other substance, as specified. Existing law requires the department to adopt regulations, on or before June 1, 2028, to define “ultraprocessed foods of concern” and “restricted school foods,” as specified, and requires the department, when defining ultraprocessed foods of concern and restricted school foods, to consider specified factors, including, among others, whether the substance or group of substances are banned or restricted in other state, federal, or international jurisdictions due to concerns about adverse health consequences. This bill would require the department, no later than June 1, 2028, to accredit certification agents that can certify products as “Non-Ultraprocessed Certified.” The bill would prohibit an accredited certification agent from certifying a product as “Non-Ultraprocessed Certified” if it is classified as an ultraprocessed food, ultraprocessed food of concern, or a restricted school food, as defined. The bill would require the department to create a specified standardized “Non-Ultraprocessed Certified” seal. The bill would authorize a person to use the seal on a product only if the product has been certified by an accredited certification agent. The bill would require an accredited certification agent to, among other things, register with the department and provide a list to the department of all the products certified by the accredited certification agent. The bill would require any registration information submitted by an accredited certification agent to the department to be made available to the public for inspection and copying. This bill would require an accredited certification agent to immediately make specified records available to the department for inspection, as specified, and would authorize the department to audit the accredited certification agent’s certification procedures and records at any time. The bill would require any records of the accredited certification agent not otherwise required to be disclosed to be kept confidential by the department. The bill would require the department to maintain a public internet webpage that lists all of the products currently certified as “Non-Ultraprocessed Certified” as reported by the accredited certification agent. This bill would make it unlawful for a person to certify products as “Non-Ultraprocessed Certified” unless duly registered as an accredited certification agent, for a person to willfully make a false statement or representation or knowingly fail to disclose a fact required to be disclosed in registration as an accredited certification agent, for a person to willfully make a false statement or representation or knowingly fail to disclose a fact required to be disclosed to an accredited certification agent, and for a person to use the Non-Ultraprocessed Certified seal on a product that does not meet the above-described provisions. The bill would authorize the department, among others, to enjoin a person who engages, has engaged, or proposes to engage in the misuse of the Non-Ultraprocessed Certified seal. The bill would provide that a violation of these provisions is not subject to the enforcement provisions of the Sherman Food, Drug, and Cosmetic Law. Existing law, the California Retail Food Code (Code), establishes uniform health and sanitation standards for, and provides for regulation by the State Department of Public Health of, retail food facilities, as defined, and requires local enforcement agencies to enforce these provisions. Existing law provides that a violation of the code is punishable as a misdemeanor or a fine. Existing law defines a food facility as an operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption at the retail level, including, but not limited to, an operation where food is consumed on or off the premises, regardless of whether there is a charge for the food. This bill, upon the creation of the Non-Ultraprocessed Certified seal described above, would require a food facility, except as specified, with gross annual store sales of more than $10,000,000 to make clearly identifiable, as defined, at least 3 or more “Non-Ultraprocessed Certified” items if the food facility offers for sale more than 25 certified items. The bill would authorize the Attorney General, county counsel, city attorney, or city prosecutor, as specified, to enjoin a food facility that fails to meet these requirements. The bill would exempt a violation of these provisions from criminal liability under the California Retail Food Code. The bill would repeal these provisions on January 1, 2040. By imposing a higher level of service on local enforcement agencies required to enforce these provisions, 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect.