Consumerism

Consumerism Legislation

Consumerism Legislation

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SB 63 (Migden-D) Food labeling: cloned animals
Requires producers of livestock who sell or transfer any cloned animal or its progeny to disclose specified information to the buyer or transferee, and requires food manufacturers and processors to label food products that include the product of a cloned animal or its progeny.
Vetoed

SB 120 (Padilla-D) Food facilities: nutritional information
Requires restaurant chains with at least 14 branches (including franchises) to make specified nutrition information available for all standard menu items.
Vetoed

SB 200 (Florez-D) Food safety: leafy green vegetable licensing
Authorizes the State Public Health Officer to establish regulations and take actions to dispose of or destroy contaminated produce, and requires the State Public Health Officer and the Department of Food and Agriculture to jointly establish a leafy green vegetable inspection program in the field, as specified.
(In Assembly Agriculture Committee)

SB 201* (Florez-D) Agriculture: leafy green vegetable crop safety
Establishes requirements for growers, handlers, shippers, and processors of leafy green vegetables for growing practices, handling, processing, and testing.
(In Assembly Agriculture Committee)

SB 202 (Florez-D) Agriculture: leafy green vegetable crop traceback
Requires the Department of Public Health to adopt regulations establishing minimum requirements necessary for an effective traceback system.
(Failed passage in Assembly Agriculture Committee)

SB 220 (Corbett-D) Vended water
Enhances the Department of Public Health's regulatory process governing water dispensed from water-vending machines and the labeling requirements for bottled water.
Chapter 575, Statutes of 2007

SB 234 (Corbett-D) Consumer warranties: members of the Armed Forces
Provides that California's "Lemon Law" applies to any motor vehicle purchased by a member of the Armed Forces, regardless of the state in which the motor vehicle is purchased or registered, if specified conditions are met.
Chapter 151, Statutes of 2007

SB 237 (Dutton-R) Contractors: mechanics' liens
Requires a contractor who records a lien claim, as specified, and who fails to perform specified acts within 90 days of recording the claim, to execute and record a release of the lien within 15 days of the date the lien became null and void.
(In Senate Judiciary Committee)

SB 250 (Corbett-D) Gift certificates
Allows any gift card, as defined, with a cash value of less than $10 to be redeemed in cash for its cash value. Deletes from current law governing gift cards the exemption for food product gift cards or certificates.
Chapter 640, Statutes of 2007

SB 358 (Maldonado-R) Field crops: leafy greens: foodborne illness
Makes findings regarding the importance of the leafy green industry and appropriates $2 million to the University of California's Division of Agriculture to fund cooperative food safety advisors and to conduct food safety research.
(In Senate Appropriations Committee)

SB 500 (Corbett-D) Credit services organizations
Expands the list of prohibited lending practices a credit services organization, as defined, may not be engaged in when it seeks annual registration, as required, with the Department of Justice/Attorney General, and provides that the Department of Justice/Attorney General shall not register any credit services organization that engages in any of the lending practices prohibited by this bill.
Chapter 91, Statutes of 2007

SB 509 (Simitian-D) Consumer products: content information
Requires a manufacturer or wholesaler of a consumer product to provide a notice that lists all substances, identified by a number or other unique identifier, that are contained in that product by more than one-tenth of 1%, by posting that information on the manufacturer's or wholesaler's web site. A manufacturer or wholesaler that does not maintain a Web site would be required to establish a web site.
(In Senate Rules Committee)

SB 596 (Harman-R) Computerized payment systems: antisniffer protection
Requires a computerized payment system sold as new in this state to include antisniffer protection, as defined, that would protect data traveling through the system and any directions necessary for use of the antisniffer protection. Provides that if any of the provisions contained in this bill or their applications are held invalid, the invalidity will not affect other provisions.
(In Senate Judiciary Committee)

SB 638 (Romero-D) Credit union services
Authorizes a credit union to sell to persons in the field of membership negotiable checks, money orders, and other similar money transfer instruments. Authorizes a credit union, for a fee, to cash checks and money orders and receive international and domestic electronic fund transfers for persons in the field of membership.
(In Senate Banking, Finance and Insurance Committee)

SB 715 (Lowenthal-D) Advertising displays: noncommercial, protected speech
Prohibits the Department of Transportation from regulating noncommercial, protected speech contained within any advertising display authorized by, or exempted from, the Outside Advertising Act.
Chapter 81, Statutes of 2007

SB 744* (Runner-R) Food facilities
Makes various changes to the California Uniform Retail Food Facilities Law including revising the definition of a "commissary," revising the definition of "limited food preparation," revising the requirements regarding identification and certification of molluscan shellfish, removing authority to restrict a food employee applicant's access to a food facility, requiring owners or employees who have food safety certificates, rather than a food facility permit, to provide instruction on food safety, as specified, and deleting the requirement for food facilities that engage in the brewing of alcoholic beverages to file a Hazard Analysis Critical Control Point plan, in addition to other changes.
Chapter 96, Statutes of 2007

AB 7* (Lieu-D) Armed services members: consumer loans
Provides that, on or after 10/1/07, deferred deposit transaction (DDT) licensees and California Finance Lender licensees must comply with federal regulations relating to the extension of credit to members of the armed services. Specifies that any person who violates federal law in regard to a consumer loan or DDT to members of the military is also in violation of California law. Provides that a person who does not offer consumer loans or DDTs covered by the John Warner National Defense Authorization Act (Public Law 109-364) shall not be in violation of state law in regards to discrimination provisions of the Military and Veterans Code. Also provides that any bank or credit union that makes a refund anticipation loan to a covered borrower must comply with specified provisions of Public Law 109-364 and its subsequent regulations limiting the annual percentage rate of the refund anticipation loan to 36%.
Chapter 358, Statutes of 2007

AB 93 (Garcia-R) Food facilities: trans fat: study
Requires the Secretary of the Health and Human Services Agency, in coordination with other organizations and state agencies, to prepare and provide to the Legislature, by 7/1/08, a study to determine the benefits to the public health of eliminating saturated and artificial trans fat from food facilities. Requires the study to include, but not be limited to, (1) identification of the types and uses of products containing saturated and artificial trans fats in food facilities, (2) identification of substitutes for products containing saturated and artificial trans fats, prices of substitutes compared with the products containing saturated and artificial trans fats, and an examination of the available supply of substitute products, (3) examination of the percentage of meals consumed outside the home in California and the dollar amount of those meals, and (4) examination of the various negative health effects related to the consumption of artificial trans fats and an estimated cost of health care related to the treatment of those effects.
(In Assembly Health Committee)

AB 97 (Mendoza-D) Food facilities: trans fats
Prohibits, commencing 1/1/10, food facilities from storing, distributing, serving, or using in food preparation any oil, shortening, or margarine containing artificial trans fat for use in spreads or frying. Allows an exception for the deep frying of yeast dough and cake batter until 1/1/11. Commencing 1/1/11, prohibits food facilities from storing, distributing, serving, or using in food preparation any food containing artificial trans fat. Requires food facilities to maintain on their premises the labeling information, as defined, for any food or food additive that is, or includes, any fat, oil, or shortening for as long as the food or food additive is stored, distributed, served, or used in food preparation by the facility.
(On Senate Third Reading File)

AB 254 (Gaines-R) Vehicles: total loss salvage vehicles
Includes within the definition of "total loss salvage vehicle" one that has been damaged as the result of a flood to the extent that the owner, leasing company, financial institution, or insurance company that insured or is responsible for repair of the vehicle considers it uneconomical to repair the vehicle and, because of this, the vehicle is not repaired by or for the person who owned the vehicle at the time of the event resulting in damage.
(In Assembly Transportation Committee)

AB 262 (Coto-D) Credit card marketing: postsecondary education
Urges the Regents of the University of California and requires the Trustees of the California State University (CSU) and the Board of Governors of the California Community Colleges to annually direct each of their campuses to disclose specified information regarding on-campus credit card marketing activities. Prohibits banks and other commercial entities from offering gifts to students in exchange for completing credit card applications, and extends the sunset on provisions outlining the regulatory adoption authority and process of the CSU Trustees from 2008 to 2013.
Chapter 679, Statutes of 2007

AB 305 (Ma-D) Vehicles: sale: used vehicles
Amends the Car Buyer's Bill of Rights to provide that for a person who leased a vehicle immediately preceding purchasing the vehicle, the limit on the amount of any restocking fee required to be paid by the buyer who exercises the two-day contract cancellation option will be increased by the amount the buyer will be obligated (under the lease) to pay for charges for excess mileage, unrepaired damage, or excess wear and tear.
Chapter 219, Statutes of 2007

AB 311 (Dymally-D) Hearing aids: over-the-counter sales
Authorizes the sale of over-the-counter hearing aid devices by an unlicensed person if such sales are authorized under federal law, and makes findings and declarations in that regard.
(In Assembly Health Committee)

AB 546 (Brownley-D) Electronic waste
Requires, commencing 7/1/08, a retailer that sells a covered electronic device to provide the consumer at the point of sale with information on electronic waste and where they can go to find local e-waste collectors and recyclers, as specified.
Vetoed

AB 588 (De Leon-D) Credit history: public utilities
Permits privately and publicly owned utilities to release a customer's service payment history to a financial institution upon express written consent of the customer, and if a customer revokes consent, requires the utilities to comply with the revocation within a reasonable period of time, not to exceed 60 days.
(In Senate Judiciary Committee)

AB 595 (Dymally-D) Cosmetics: misbranding
Permits the Department of Public Health (DPH) to require cosmetic product manufacturers that do not comply with voluntary federal reporting programs to provide DPH with a full listing of their product's ingredients.
(In Senate Appropriations Committee)

AB 706 (Leno-D) Fire retardants: toxic effects
Bans, beginning 1/1/10, the use of brominated fire retardants and chlorinated fire retardants in all seating furniture, mattresses, box springs, mattress sets, futons, other bedding products, and reupholstered furniture to which filling materials are added.
(On Senate Third Reading File)

AB 779 (Jones-D) Security of personal information
Establishes, beginning 7/1/08, a set security procedure to be adhered to by a person, business, or public agency that sells goods or services to any California resident and accepts, as payment, a credit card, debit card, or other payment device.
Vetoed

AB 814 (Hayashi-D) Consumer Sales Security Act
Enacts the Consumer Sales Security Act requiring the Office of Privacy Protection to develop an identity theft prevention program for businesses and retailers that will educate them on security methods and procedures to better protect the personal information and financial data of their customers.
(In Assembly Business and Professions Committee)

AB 830 (Ma-D) Outdoor advertising
Allows a sign (billboard) along landscaped highways to be converted to a digital advertising display, subject to specified conditions.
(In Senate Transportation and Housing Committee)

AB 891 (De La Torre-D) Telecommunications: consumer protection
Enacts the Truth in Telecommunications Act which requires, among other things, a contract or agreement for telecommunications services to be provided in the language in which the contract was negotiated, and requires the contract to clearly and conspicuously disclose key rates, terms, and conditions of service to be provided or product to be purchased.
(On Senate Inactive File)

AB 1025 (Bass-D) Professions and vocations: licensure
Provides that an applicant for a license with a board of the Department of Consumer Affairs may not be denied licensure, or may not have their license suspended or revoked, solely on the basis that he/she has been convicted of a felony or misdemeanor if they have obtained a certificate of rehabilitation, as specified, and if the felony or misdemeanor conviction has been dismissed, it shall be presumed the applicant or licensee has been rehabilitated unless the board proves otherwise.
Vetoed

AB 1092 (Emmerson-R) Recreational vehicles
Prohibits recreational vehicle manufacturers from failing to provide their franchisees with written dealer agreements.
Chapter 406, Statutes of 2007

AB 1100* (Ruskin-D) Food labeling: cloned animals
Requires manufacturers and producers of food for human consumption to label foods as containing the product of a cloned animal or its progeny.
(In Senate Appropriations Committee)

AB 1108 (Ma-D) Children's products: phthalates
Prohibits the use of phthalates in toys and childcare products designed for babies and children under three years of age.
Chapter 672, Statutes of 2007

AB 1122 (Duvall-R) Pupil instruction: consumer credit
Requires the Department of Education to develop and make available to school districts information regarding the consumer credit system, including history, the manner of obtaining credit, the proper use of credit, and understanding credit reports, as specified.
(In Assembly Appropriations Committee)

AB 1276 (Karnette-D) Pharmacies: prescription containers: labels
Requires prescribers of medications to ask the patient whether or not to indicate the intended purpose of the prescription on the prescription container's label.
(Failed passage in Assembly Business and Professions Committee)

AB 1313 (Charles Calderon-D) Credit cards: cancellations
Exempts the issuer of a "private label" credit card, under certain circumstances, from the existing requirement that credit card issuers must provide consumers with 30-day prior notice before canceling a credit card.
(In Assembly Judiciary Committee)

AB 1483 (Carter-D) Automotive repair: crash parts
Requires an automotive repair dealer, once repairs are completed, to provide a written affirmation to the customer that the crash parts identified on the written estimate are the crash parts that were installed on the vehicle during repair. The written affirmation must appear on the first page of the final invoice.
Vetoed

AB 1521 (Salas-D) Drinking water: bottled drinking water
Requires that each bottle of water sold in the state identify the source from which the water was last obtained prior to being bottled, and requires each water-bottling plant to annually submit a consumer confidence report to the Department of Public Health.
Vetoed

AB 1549 (Aghazarian-R) Civil actions: product liability
Provides that an action for death or injury caused by a defective product must be brought within 10 years of the date of first sale, lease, or delivery for use or consumption, as specified.
(In Assembly Judiciary Committee)

AB 1570 (Mendoza-D) Retail sales: credit applications
Requires a retailer that offers a limited-term special price, sale, or interest rate on any purchase to extend that promotional offer by one business day, under specified circumstances.
(In Assembly Banking and Finance Committee)

AB 1608 (Solorio-D) Fast food restaurants: billboard advertising
Prohibits advertising of any fast food product on any outdoor billboard within 1,500 feet of any public or private elementary school, middle school, high school, or public playground.
(In Assembly Governmental Organization Committee)

AB 1673 (Feuer-D) Retail sales: rebates
Requires a retailer that advertises a rebate price to actually sell the item at that price to the consumer and then seek reimbursement for the rebate rather than require the consumer to do so.
Vetoed

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