Food and drugs: sale.

The Sherman Food, Drug, and Cosmetic Law contains various provisions regarding the contents, packaging, labeling, and advertising of food, drugs, and cosmetics. The California Retail Food Code provides for the regulation of health and sanitation standards for retail food facilities, as defined, by the State Department of Public Health. Under existing law, local health agencies are primarily responsible for enforcing the California Retail Food Code. A violation of any of these provisions is punishable as a misdemeanor. This bill would prohibit a retailer from selling or offering for sale after the expiration date an over-the-counter drug, as defined. The bill would also prohibit a retail food facility from selling or offering for sale after the "use by" date infant formula or baby food that is required to have this date on its packaging pursuant to federal law. This bill would make a violation of its provisions an infraction, punishable by a fine of not more than $10 per day, calculated as prescribed. This bill would also authorize the department or an enforcement agency, as specified, to assess administrative penalties on a retailer who violates these provisions in the amount of $10 per day for each item sold or offered for sale in violation of these provisions, in addition to other penalties authorized by law. By creating new crimes and imposing additional duties on local officials, this bill would create 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 with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.