Food and drugs: sale.

Existing law, the Sherman Food, Drug, and Cosmetic Law, contains various provisions regarding the contents, packaging, labeling, and advertising of food, drugs, and cosmetics. A violation of any of these provisions is punishable as a misdemeanor. This bill would prohibit a retailer from selling or permitting to be sold after the "use by" date infant formula, as defined, or baby food, as defined, that is required to have this date on its packaging pursuant to federal law. It would also prohibit a retailer from selling or permitting to be sold after the expiration date an over the counter drug, as defined, that is required to have this expiration date on its packaging pursuant to that federal law. A violation of these provisions would, notwithstanding the above-described penalty, be punishable as an infraction with a specified fine. By creating a new crime, this bill would create a state-mandated local program. This bill would state the intent of the Legislature that local and state authorities should make reasonable efforts to notify the public about potential threats to public safety resulting from the sale of expired products and, for public purchasers of expired products, to contact their respective state or local authorities. 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.