Protein products.

Plain English Breakdown

The bill does not provide details on penalties for non-compliance beyond stating it creates a new crime.

Protein Product Safety

The bill requires protein product manufacturers to test their products for heavy metals and disclose the results, starting in 2028.

What This Bill Does

• Requires protein product makers to test samples of each batch for heavy metals from January 1, 2028.
• Mandates that both manufacturers and brand owners share testing results with health department officials when asked.
• Necessitates public disclosure by brand owners about the heavy metal content in their products starting in 2028.
• Requires clear statements on packaging and online product pages about heavy metal testing from January 1, 2028.
• Prohibits selling protein products that do not meet these requirements.

Who It Names or Affects

• Manufacturers of bulk and packaged protein products
• Brand owners of packaged protein products

Terms To Know

Bulk Protein Product

A large quantity of protein product not yet in consumer packaging.

Packaged Protein Product

A protein product ready for sale to consumers, often with a label and packaging.

Limits and Unknowns

• The bill does not specify what happens if manufacturers do not comply.
• It is unclear how the health department will enforce these requirements.

Official Summary Text

SB 1033, as amended, Padilla.
Protein products.
Existing law, the Sherman Food, Drug, and Cosmetic Law, under the administration and enforcement of the State Department of Public Health, provides for the regulation of various subjects relating to the manufacturing, processing, labeling, advertising, and sale of food, drugs, and cosmetics. Existing law places product testing and disclosure requirements on various products, including baby food and prenatal vitamins. A violation of the Sherman Food, Drug, and Cosmetic Law is punishable as a misdemeanor.
This bill would, commencing January 1, 2028, require a manufacturer of a bulk protein product or a packaged protein product, as defined, that is sold, manufactured, delivered, held, or offered for sale in this state to test a representative sample of each lot of the product for heavy metals, as defined. The bill would require both a
manufacturer and brand owner to provide test results to an authorized agent of the department upon their request, as specified. The bill would, commencing January 1, 2028, require a brand owner of a packaged protein product that is sold, manufactured, delivered, held, or offered for sale in the state to disclose specified product information to the public, including, among other things, the heavy metal testing information. Commencing on or after January 1, 2028, the bill would require a statement regarding heavy metal testing to be included on the outermost package of a packaged protein product sold in a retail store and on the product details page on an internet website for products sold online or directly to consumers. The bill would, commencing January 1, 2028, prohibit a person from selling in the state or manufacturing, delivering, holding, or offering for sale in the state a protein product that does not comply with these provisions. By creating a new 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.

Current Bill Text

Download Bill PDF