SB-747 Public Health Impact Report.(2013-2014)
Bill Start
CALIFORNIA LEGISLATURE—
2013–2014 REGULAR SESSION
| Senate Bill | No. 747 |
| Introduced by Senator DeSaulnier |
February 22, 2013 |
An act to add Article 6 (commencing with Section 108670) to Chapter 5
of Part 3 of Division 104 of the Health and Safety Code, relating to
public health.
LEGISLATIVE COUNSEL'S DIGEST
SB 747, as introduced, DeSaulnier.
Public Health Impact Report.
Existing
law requires the State Department of Public Health to regulate various
consumer products, including food and drugs, for the protection of the
people of the state.
This bill,
known as the Public Health Epidemic Protection Act of 2013, would
require the department, for every product intended for consumer
consumption for which it has credible evidence that the product
significantly contributes to a significant public epidemic, to conduct a
risk assessment evaluation to determine whether the product contributes
significantly to a significant public health epidemic, as defined, and
whether the adverse public health risk would have a fiscal impact on the
state of $50,000,000 or more. The bill would authorize the department
to charge the manufacturer of the product for the reasonable costs of
producing the risk assessment and would create the
Public Health Fund, to be used by the department, upon appropriation
by the Legislature, to fund the program. If the department determines
that the criteria are met, the bill would require the manufacturer to
create, for approval of the department, a public health impact report
(PHIR) containing specified information, including a list of adverse
public health impacts and a mitigation plan for those impacts. The bill
would authorize the department to enforce the PHIR and would authorize
the department to restrict or suspend sales of the product in the state
if the PHIR is insufficient or if the manufacturer is not complying with
the terms of the PHIR.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
The Legislature finds and declares all of the following:
(a) Public health for the people of the state is now, and in the future, a matter of statewide concern.
(b) The
health and well-being of all people is a critical element in supporting
a healthy and prosperous California, including economic sustainability,
increasing workforce participation and productivity, and slowing the
ongoing rise of medical care expenditures.
(c) California
and its residents face a growing burden of largely preventable chronic
illness, including heart disease, stroke, obesity, and diabetes.
(d) It
is the intent of the Legislature to find ways to develop and maintain
public health, prevent negative public health risks, provide the people
of the state with protection from products sold in the state that pose
significant negative health risks, and development mitigation
strategies.
(e) It is the intent of
the Legislature to take immediate steps to identify products sold in the
state for consumer consumption that pose a critical public health risk
and coordinate any actions necessary to prevent or mitigate those risks.
(f) It
is the intent of the Legislature to regulate products sold in the state
for consumer consumption that pose significant public health risks and
mitigate their use in order to prevent chronic illness and improve
public health.
SEC. 2.
Article 6 (commencing with Section 108670) is added to Chapter 5 of Part 3 of Division 104 of the Health and Safety Code, to read:Article 6. Public Health Impact Assessments
108670.
This article shall be known, and may be cited, as the Public Health Epidemic Protection Act of 2013.108671.
(a) The State Department of Public Health shall, for every product intended for consumer consumption that the department has credible evidence that the product significantly contributes to a significant public epidemic, conduct a risk assessment evaluation. The department, in doing the risk assessment evaluation, shall use currently available research, data, and studies to determine the following:
(1) If
the product contributes significantly to a significant public health
epidemic, as recognized by the federal Centers for Disease Control and
Prevention.
(2) If there is evidence that the adverse public health risk would have a fiscal impact on the state of fifty million dollars
($50,000,000) or more.
(b) The
department may charge the manufacturer of the product for the
reasonable costs of producing the risk assessment pursuant to this
section. Fees collected pursuant to this subdivision shall be placed in
the Public Health Fund, which is hereby established in the State
Treasury and which may be used by the department, upon appropriation by
the Legislature, for the implementation of this article.
108672.
(a) If a risk assessment determines that the product meets both of the requirements in subdivision (a) of Section 108671, the department shall require the product’s manufacturer to create a public health impact report (PHIR). The PHIR shall be submitted to the department for approval.
(b) The PHIR shall include all of the following:
(1) A list of adverse public health impacts that cannot be avoided if the product is sold in the state.
(2) The benefits, costs, and alternatives to the consumer product.
(3) Alternatives available, if any.
(4) A mitigation plan sufficient to minimize the adverse public health impacts identified in paragraph (1).
(c) The
department may take actions necessary to enforce the PHIR, including,
but not limited to, requiring that the manufacturer establish a trust or
place moneys in escrow sufficient to cover the estimated costs of
implementation.
(d) If the
department determines that the PHIR prepared by the manufacturer is
insufficient or that the manufacturer is not complying with the terms of
the PHIR, then the department may restrict or prohibit the sale of the
product in this state.
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