SB 1462: Processed pet food: designation as human food grade.
- Session Year: 2021-2022
- House: Senate
- Latest Version Date: 2022-04-25
Existing law requires each person who manufactures a processed pet food, as defined, to first obtain a license from the State Department of Public Health. Existing law prohibits the misbranding of processed pet food. Under existing law, a violation of these provisions, and other provisions related to processed pet food, is a crime.
This bill would authorize a person who manufactures a processed pet food to apply to the department for designation of a processed pet food as human food grade, as specified. The bill would require the department to create a symbol, label, or wording that an applicant may, but is not required to, use for a processed pet food designated as human food grade. The bill would authorize a processed pet food designated as human food grade to be labeled, advertised, and represented as human food grade if it also clearly indicates that it is intended for consumption by pets, as specified.
Because a violation of this bills provisions would be a crime, the 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 no reimbursement is required by this act for a specified reason.
Existing law requires each person who manufactures a processed pet food, as defined, to first obtain a license from the State Department of Public Health. Existing law prohibits the misbranding of processed pet food. Under existing law, a violation of these provisions, and other provisions related to processed pet food, is a crime.
This bill would authorize a person who manufactures a processed pet food to apply to the department for designation of a processed pet food as human food grade, as specified. The bill would require the department to create a symbol, label, or wording that an applicant may, but is not required to, use for a processed pet food designated as human food grade. The bill would authorize a processed pet food designated as human food grade to be labeled, advertised, and represented as human food grade if it also clearly indicates that it is intended for consumption by pets, as specified.
Because a violation of this bills provisions would be a crime, the 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 no reimbursement is required by this act for a specified reason.
(a)(1)A person who in California manufactures a processed pet food may apply to the department for designation, including a renewal of a designation, of a processed pet food as human food grade. An application for the designation shall be made on a form prescribed by the department and shall be accompanied by an application fee of one hundred dollars ($100).
(2)The department shall approve the application and grant the designation if all of the following requirements are met:
(A)The applicant is licensed or registered as a pet food processor pursuant to this chapter and is registered as a food processor pursuant to Chapter 5 (commencing with Section 110425) of Part 5.
(A)(B)The applicant, to the satisfaction of the department, demonstrates that the processed pet food is produced in a facility that abides by applicable United States Department of Agriculture criteria and inspection rules and are listed on the United States Department of Agricultures Meat, Poultry and Egg Product Inspection Directory.
(B)(C)The applicant, to the satisfaction of the department, demonstrates that each ingredient in the processed pet food, and the resulting product, is stored, handled, processed, and transported under current good manufacturing practices specified in Subpart B (commencing with Section 117.10) of Part 117 of Title 21 of the Code of Federal Regulations.
(C)(D)The application, to the satisfaction of the department, includes a continuing letter of guarantee and warranty from each supplier of each ingredient that the ingredient, to the extent it is under the control of the supplier, conforms with subparagraphs (A) and (B) of this paragraph (B) and (C) and is suitable for human consumption.
(D)(E)The application, to the satisfaction of the department, includes a list of every ingredient in the processed pet food.
(3)A designation granted pursuant to this subdivision shall be valid for two years from the date of issuance or from the date of renewal.
(b)The department may suspend or revoke the designation, after written notice to the applicant and an opportunity to be heard, when either of the following conditions is satisfied:
(1)A statement included in the application process was false or misleading.
(2)The applicant fails to comply with any requirement for the designation or applicable regulations.
(c)A designation of a processed pet food as human food grade pursuant to this section means that the processed pet food is suitable for human consumption, but is intended for consumption by pets.
(d)The department shall create a symbol, label, or wording that an applicant may, but is not required to, use for a processed pet food designated pursuant to this section.
(e)(1)A processed pet food designated pursuant to this section may be labeled, advertised, and represented as human food grade, or use words, symbols, or images of that meaning.
(2)Any label, advertisement, or representation implying that a processed pet food is human food grade shall include words, symbols, or images, of at least equal size as those implying that it is human food grade, clearly indicating that it is intended for consumption by pets or particular categories of pets.
(3)A person shall not label, advertise, or represent any product as being a processed pet food of human food grade, or words of that meaning, or using any image conveying that meaning, unless the product is designated pursuant to this section.
SEC. 2.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
(a)(1)A person who in California manufactures a processed pet food may apply to the department for designation, including a renewal of a designation, of a processed pet food as human food grade. An application for the designation shall be made on a form prescribed by the department and shall be accompanied by an application fee of one hundred dollars ($100).
(2)The department shall approve the application and grant the designation if all of the following requirements are met:
(A)The applicant, to the satisfaction of the department, demonstrates that the processed pet food is produced in a facility that abides by applicable United States Department of Agriculture criteria and inspection rules and are listed on the United States Department of Agricultures Meat, Poultry and Egg Product Inspection Directory.
(B)The applicant, to the satisfaction of the department, demonstrates that each ingredient in the processed pet food, and the resulting product, is stored, handled, processed, and transported under current good manufacturing practices specified in Subpart B (commencing with Section 117.10) of Part 117 of Title 21 of the Code of Federal Regulations.
(C)The application, to the satisfaction of the department, includes a continuing letter of guarantee and warranty from each supplier of each ingredient that the ingredient, to the extent it is under the control of the supplier, conforms with subparagraphs (A) and (B) of this paragraph and is suitable for human consumption.
(D)The application, to the satisfaction of the department, includes a list of every ingredient in the processed pet food.
(3)A designation granted pursuant to this subdivision shall be valid for two years from the date of issuance or from the date of renewal.
(b)The department may suspend or revoke the designation, after written notice to the applicant and an opportunity to be heard, when either of the following conditions is satisfied:
(1)A statement included in the application process was false or misleading.
(2)The applicant fails to comply with any requirement for the designation or applicable regulations.
(c)A designation of a processed pet food as human food grade pursuant to this section means that the processed pet food is suitable for human consumption, but is intended for consumption by pets.
(d)The department shall create a symbol, label, or wording that an applicant may, but is not required to, use for a processed pet food designated pursuant to this section.
(e)(1)A processed pet food designated pursuant to this section may be labeled, advertised, and represented as human food grade, or use words, symbols, or images of that meaning.
(2)Any label, advertisement, or representation implying that a processed pet food is human food grade shall include words, symbols, or images, of at least equal size as those implying that it is human food grade, clearly indicating that it is intended for consumption by pets or particular categories of pets.
(3)A person shall not label, advertise, or represent any product as being a processed pet food of human food grade, or words of that meaning, or using any image conveying that meaning, unless the product is designated pursuant to this section.
SEC. 2.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
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Date
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Status
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|---|---|
| May 19, 2022 | May 19 hearing: Held in committee and under submission. |
| May 13, 2022 | Set for hearing May 19. |
| May 2, 2022 | May 2 hearing: Placed on APPR suspense file. |
| Apr 27, 2022 | Set for hearing May 2. |
| Apr 25, 2022 | Read second time and amended. Re-referred to Com. on APPR. |
| Apr 21, 2022 | From committee: Do pass as amended and re-refer to Com. on APPR with recommendation: To consent calendar. (Ayes 9. Noes 0. Page 3462.) (April 20). |
| Apr 5, 2022 | Set for hearing April 20. |
| Mar 30, 2022 | April 6 set for first hearing canceled at the request of author. |
| Mar 24, 2022 | Set for hearing April 6. |
| Mar 9, 2022 | Referred to Com. on HEALTH. |
| Feb 22, 2022 | From printer. |
| Feb 18, 2022 | Introduced. Read first time. To Com. on RLS. for assignment. To print. |
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