AMENDED IN SENIOR SENATE OCTOBER 28, 2009

SENIOR ASSEMBLY FEDERAL PROPOSAL NO. 1

INTRODUCED BY SENIOR ASSEMBLY MEMBER FINGOLD

LEGISLATIVE COUNSEL'S DIGEST

AFP 1: PUBLIC HEALTH: FOOD PRODUCT RECALL TECHNOLOGY.

UNDER EXISTING FEDERAL LAW, THE COMMISSIONER OF THE FOOD AND DRUG ADMINISTRATION MAY REQUEST A COMPANY TO INITIATE A PRODUCT RECALL WHEN THE COMMISSIONER DETERMINES THAT A DISTRIBUTED PRODUCT PRESENTS A RISK OF ILLNESS OR INJURY, THAT THE COMPANY HAS NOT INITIATED A RECALL OF THE PRODUCT, AND THAT AGENCY ACTION IS NECESSARY TO PROTECT PUBLIC HEALTH AND WELFARE.

THIS MEASURE WOULD MEMORIALIZE THE CONGRESS AND THE PRESIDENT TO ENACT LEGISLATION THAT WOULD RECOMMEND A GROCERY STORE THAT USES A PROGRAMMABLE CHECKOUT SCANNER TO ENSURE THAT WHEN A RECALLED PRODUCT IS SCANNED, THE PROGRAMMABLE CHECKOUT SCANNER WILL NOTIFY THE EMPLOYEE AND THE CUSTOMER THAT THE PRODUCT BEING PURCHASED IS SUBJECT TO A RECALL.

VOTE: MAJORITY.

AFP 1: RELATING TO PUBLIC HEALTH: FOOD PRODUCT RECALL TECHNOLOGY

WHEREAS, NUMEROUS ITEMS HAVE BEEN SUBJECT TO RECALL IN RECENT YEARS, INCLUDING SPINACH, LETTUCE, BEEF, AND TOMATOES; AND

WHEREAS, MOST RECENTLY, TAINTED PEANUT PRODUCTS CONTAINING A DEADLY STRAIN OF SALMONELLA ORIGINATING FROM THE PEANUT CORPORATION OF AMERICA INFILTRATED SCHOOLS, NURSING HOMES, FUNDRAISING PRODUCTS, PET FOOD, AND MANY OTHER ITEMS, INFECTING AT LEAST 654 PEOPLE IN 44 STATES ACCORDING TO THE FEDERAL CENTERS FOR DISEASE CONTROL AND PREVENTION; AND

WHEREAS, MORE THAN 2100 PRODUCTS CONTAINING PEANUT BUTTER OR PEANUT BUTTER PASTE WERE VOLUNTARILY RECALLED BY MORE THAN 200 COMPANIES; AND

WHEREAS, RECALLED ITEMS MAY BE MISSHELVED BY GROCERY STORE EMPLOYEES, THUS ALLOWING A CONSUMER TO PLACE A PRODUCT SUBJECT TO RECALL IN HIS OR HER SHOPPING CART; AND

WHEREAS, RETAIL FOOD SCANNING SYSTEMS HAVE PROVEN SUCCESSFUL IN PREVENTING CONTAMINATED FOOD FROM REACHING CONSUMERS; AND

WHEREAS, KROGER’S, THE LARGEST FOOD RETAILER BEHIND WAL-MART, NOTIFIES EMPLOYEES AND CUSTOMERS, AT THE POINT OF SALE, OF A RECALLED PRODUCT; AND

WHEREAS, AFTER SCANNING A RECALLED PRODUCT, A KROGER’S REGISTER SCREEN WILL READ “ITEM UNDER RECALL. DO NOT SELL”; AND

WHEREAS, SHOPPERS USING A KROGER’S PLUS CLUB CARD, WHO PREVIOUSLY PURCHASED RECALLED PRODUCTS, RECEIVE A MESSAGE ON SUBSEQUENT RECEIPTS TELLING THEM TO DISPOSE OF THE RECALLED PRODUCTS; AND

WHEREAS, RALPH’S, AN AFFILIATE OF KROGER’S, CURRENTLY HAS 260 STORES IN CALIFORNIA THAT USE TECHNOLOGY TO NOTIFY CONSUMERS ABOUT RECALLED PRODUCTS; AND

WHEREAS, IF IT IS FEASIBLE FOR KROGER’S AND RALPH’S TO IMPLEMENT TECHNOLOGIES THAT NOTIFY CONSUMERS ABOUT RECALLED PRODUCTS, IT SHOULD BE POSSIBLE FOR OTHER RETAILERS TO IMPLEMENT THOSE TECHNOLOGIES; AND

WHEREAS, FOOD BORNE ILLNESSES CONTINUE TO PLAGUE THE MARKET, YEAR AFTER YEAR, POTENTIALLY ENDANGERING THE LIVES OF THOUSANDS OF PEOPLE; AND

WHEREAS, THE GROCERY STORE IS THE LAST LINE OF DEFENSE IN THE FOOD DISTRIBUTION SYSTEM; AND

WHEREAS, AN INSTANTANEOUS RESPONSE WITH A DATABASE THAT IS MAINTAINED 24 HOURS A DAY, SEVEN DAYS A WEEK WOULD REDUCE THE INCIDENCE OF FOOD BORNE ILLNESS; NOW, THEREFORE, BE IT

RESOLVED, BY THE SENIOR SENATE AND THE SENIOR ASSEMBLY, JOINTLY, THAT THE SENIOR LEGISLATURE OF THE STATE OF CALIFORNIA AT ITS 2009 REGULAR SESSION, A MAJORITY OF THE MEMBERS VOTING THEREFOR, HEREBY PROPOSES THAT IT BE RECOMMENDED THAT A GROCERY STORE USING A PROGRAMMABLE SCANNER, AT THE POINT OF SALE, ALERT A CUSTOMER THAT THE PRODUCT BEING PURCHASED IS SUBJECT TO A RECALL AND CANNOT BE SOLD; AND BE IT FURTHER

RESOLVED, THAT THE SENIOR LEGISLATURE OF THE STATE OF CALIFORNIA RESPECTFULLY MEMORIALIZES THE CONGRESS AND THE PRESIDENT TO ENACT APPROPRIATE LEGISLATION THAT WOULD ADDRESS THE CONCERNS SET FORTH IN THIS MEASURE; AND BE IT FURTHER

RESOLVED, THAT A COPY OF THIS MEASURE BE TRANSMITTED TO THE PRESIDENT AND VICE PRESIDENT, THE SPEAKER OF THE HOUSE OF REPRESENTATIVES, THE CHAIRPERSONS OF THE HOUSE AND SENATE COMMITTEES ON AGING, AND TO EACH SENATOR AND REPRESENTATIVE FROM CALIFORNIA IN THE CONGRESS OF THE UNITED STATES.

RN 09 16418

- 0 -