HB346 Alabama 2011 Session

Summary

Primary Sponsor

Harry Shiver

Republican

Co-Sponsor

Alan Baker

Session

Regular Session 2011

Title

Beverages, soda water or soft drinks, removal or tampering with product code, containers deemed misbranded, Sec. 20-1-25.1 added

Description

Under existing law, the Commissioner of Agriculture and Industries has the authority to prevent the sale of misbranded food products, and the sale of a misbranded food product is subject to criminal penalties. Also under existing law, there is no prohibition against removing or tampering with the product code on a container of soda water or other soft drink or beverage.

This bill would provide that a container of soda water or other soft drink or beverage is deemed misbranded if the product code has been removed or tampered with.

Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose.

The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment. However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the amendment.

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Subjects

Agriculture and Industries Department