Nonprescription contraception: access.

Under existing law, the Sherman Food, Drug, and Cosmetic Law, the State Department of Public Health generally regulates the packaging, labeling, advertising, and sale of food, drugs, devices, and cosmetics, in accordance with the federal Food, Drug, and Cosmetic Act. A violation of those provisions is a crime. Existing law sets forth various other provisions relating to the furnishing and health care coverage of certain types of contraception. Under existing law, the Unruh Civil Rights Act, all persons, regardless of sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, or immigration status, are entitled to full and equal accommodations, advantages, facilities, privileges, or services in all business establishments, as specified. This bill would, with certain exceptions, prohibit a retail establishment, as defined, from refusing to furnish nonprescription contraception to a person solely on the basis of age or any of the above-listed characteristics by means of any conduct, including, but not limited to, requiring the customer to present identification for purposes of demonstrating their age or other characteristic. Under the bill, a retail establishment would be subject to a civil penalty in the amount of $25,000 for each violation, and would be exempt from the above-described criminal penalty. The bill would authorize a local health officer, a city attorney, a district attorney, or the Attorney General to cooperate with the State Public Health Officer in the enforcement of these provisions. The bill would authorize the official to seek and recover reasonable costs for services rendered, with certain limitations.