AB 2706: Acidified foods and low-acid foods.

Existing law makes it a misdemeanor for any person to engage in the noncommercial canning of salmon, or in the commercial canning of any fish or fish product, meat or meat product, or any other food product for the use of man or animal, the sterilization of which in the opinion of the State Department of Public Health requires the use of a pressure cooker or a retort, without first obtaining a license from the department. Existing law requires the department to issue an annual license to any person on the receipt of a specified fee and evidence showing the applicant is in compliance with the departments sanitary requirements. Existing law establishes the Cannery Inspection Board to estimate specified costs for inspection and laboratory control. Existing law establishes the Cannery Inspection Fund for the receipt of moneys received pursuant to these provisions.

This bill would repeal these provisions. The bill would make related conforming changes.

Existing law, the Sherman Food, Drug, and Cosmetic Law, under the administration and enforcement of the department, provides for the regulation of various subjects relating to the manufacturing, processing, labeling, advertising, and sale of food, drugs, and cosmetics. A violation of the Sherman Food, Drug, and Cosmetic Law is punishable as a misdemeanor. Existing law makes it unlawful for any person to misbrand any food or manufacture, sell, deliver, hold, or offer for sale any food that is misbranded. Existing law prohibits a person from manufacturing, packing, or holding any processed food in this state unless the person has a valid registration from the department, except as specified. Existing law requires a registration application to be completed annually and accompanied by a specified nonreturnable registration fee.

This bill would prohibit a person from engaging in the commercial manufacturing, processing, or packing of an acidified food or low-acid food for the use or consumption by people or animals without first being registered with the department. The bill would prohibit a person from engaging in the commercial manufacturing, processing, or packing of an acidified food or low-acid food for the use or consumption by people or animals without a scheduled process, as defined, obtained from a processing authority. The bill would deem an acidified food or low-acid food that is manufactured, processed, or packed by a person without a scheduled process obtained from a processing authority as misbranded. The bill would require every person engaged in the manufacture, packing, or holding of an acidified food or low-acid food required to have a scheduled process in this state to pay $350 annually in addition to their annual registration fee. The bill would require the additional fee to be deposited into the Food Safety Fund for use by the department, upon appropriation by the Legislature, for the purpose of conducting inspections and reviews of facilities that manufacture, hold, or pack an acidified food or low-acid food required to have a scheduled process.

By expanding the scope of existing crimes, 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 no reimbursement is required by this act for a specified reason.