AB 3042

Bill Subjects

Abstract

Existing law, the Sherman Food, Drug, and Cosmetic Law, provides for the regulation of various subjects relating to the processing, labeling, advertising, and sale of food, drugs, and cosmetics, including dietary supplements, under the administration and enforcement of the State Department of Public Health. Under existing law, it is a misdemeanor for any manufacturer, wholesaler, retailer, or other person to sell, transfer, or otherwise furnish a dietary supplement containing ephedrine group alkaloids or other specified substances to a person under 18 years of age, and a seller is required to request a valid identification of prospective purchasers who reasonably appear to be under 18 years of age. Existing law, the Unfair Practices Act, prohibits certain acts of unfair competition and a violation of the act is subject to civil liability and constitutes a crime subject to specified fines and penalties. This bill, commencing July 1, 2021, would prohibit a retail establishment from selling dietary supplements for weight loss and over-the-counter diet pills, as defined, to any person under 18 years of age. The bill would require a retail establishment, among other things, to limit access to those products, as specified, and would require the department to determine which products will be subject to those access limitations. The bill would also require the department to develop a health-related notice regarding those products, and would require a retail establishment to conspicuously post that notice at each purchase counter. The bill would make a violation of these provisions by a retail establishment subject to a civil penalty of no more than $1,000 and subject to the Unfair Practices Act as an unfair practice. By expanding the scope of an existing crime, the 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.