Dietary supplements: labeling: live microorganisms.

Existing law, the Sherman Food, Drug, and Cosmetics Law, provides for the regulation of various subjects relating to the processing, labeling, advertising, and sale of food under the administration and enforcement of the State Department of Public Health. Existing applicable federal law includes dietary supplements, as defined, within the definition of food for these purposes. Existing law requires, to the extent permitted by federal law, that any warning label on products defined as dietary supplements pursuant to specified federal law, that are manufactured or distributed in the state, be clear and conspicuous. Under existing law, a violation of that requirement constitutes an infraction, punishable by specified fines. This bill would, commencing January 1, 2022, and to the extent permitted by federal law, require a manufacturer or distributor of dietary supplements sold in the state that contain live microorganisms to include on its label the genus, species, and strain of each live microorganism in the dietary supplement, except as specified. Because a violation of this requirement would be an infraction, by creating a new crime, 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 no reimbursement is required by this act for a specified reason.