Food labeling: wastewater from oil and gas field activities.

Existing federal law, the Federal Food, Drug, and Cosmetic Act, regulates, among other things, the labeling of foods introduced or delivered for introduction into interstate commerce and generally prohibits the misbranding of food. Existing state law, the Sherman Food, Drug, and Cosmetic Law, generally regulates misbranded food, which includes food that is not properly labeled. A violation of these provisions is a crime. This bill, with a specified exemption, would require a manufacturer who produces packaged food that contains a plant irrigated with wastewater from oil and gas field activities that contains well stimulation treatment additives and fluids or a retail facility that sells a raw agricultural commodity that was irrigated with wastewater from oil and gas field activities that contains well stimulation treatment additives and fluids to label those products in a specified manner. The bill would also require a farmer, producer, or supplier who knows that the product he or she is selling to a manufacturer or retailer was made with, or consists of, plants irrigated with wastewater to disclose that fact to the manufacturer or retailer. By creating a new crime, 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.