SB 1033 California Senate · 2025-2026 Regular Session

Protein products.

Summary

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.

Issues: ✓ Healthcare

Bill status in committee 1 of 4 stages cleared

Introduction

Feb 2026

Committee Review

Floor Vote

Governor

Introduced Feb 11, 2026 Last action May 14, 2026

Maddy AI version diff · 3 comparisons

What changed between versions

04/06/26 - Amended Senate → SB1033 · 3 edits

MINOR

No substantive policy changes were made between these two versions. The diff reflects a reformatting of SB 1033 from an official printed bill document (with page numbers, line numbering, and traditional legislative layout) to a web-based presentation on the California Legislature website. All statutory text, definitions, requirements, and effective dates remain identical.

TECHNICAL

Removed printed-document formatting elements including page numbers (97), page markers (-2-, -3-, etc.), and line-by-line numbering (line 1, line 2, etc.) that appeared in the official bill text layout.

Added website navigation elements (home, accessibility, FAQ, feedback, sitemap, login, search fields) and bill metadata (version dropdown showing all three versions, date published timestamp, share options).

Reformatted the Legislative Counsel's Digest key items (Vote, Appropriation, Fiscal Committee, Local Program) into a labeled 'Digest Key' section with explicit field names rather than inline text.

03/17/26 - Amended Senate → 04/06/26 - Amended Senate · 3 edits · Apr 6, 2026

MINOR

The April 6 amendment significantly broadens the definition of 'protein product' to incorporate the federal Dietary Supplement Health and Education Act (DSHEA) definition and adds a new category called 'protein supplement-based food product,' which captures food products where protein concentrate or isolate is the first ingredient (excluding water). This expands the bill's reach beyond traditional supplements to include certain protein-forward food products. A minor clarification was also added to the 'bulk protein product' definition.

Scope change

The bill's scope expanded from covering only traditional dietary supplements (powdered, liquid) to also covering solid-form products and a new category of food products where protein concentrate or isolate is the first non-water ingredient. This could capture items like protein bars, ready-to-drink protein beverages marketed as foods, and other protein-forward consumer products that were previously outside the bill's reach.

DEFINITION

The definition of 'protein product' was rewritten to now mean either a dietary supplement as defined in federal DSHEA (21 U.S.C. Sec. 321(ff)) or a 'protein supplement-based food product.' It also adds 'solid form' alongside powdered and liquid, and specifies the protein must be a 'protein concentrate or protein isolate or a blend of protein concentrates or protein isolates.'

A new defined term 'protein supplement-based food product' was added, meaning a food product in which the first ingredient (excluding water) is a protein concentrate, protein isolate, or a blend of protein concentrates or isolates. This brings certain mainstream food products under the bill's testing and disclosure requirements.

The definition of 'bulk protein product' was clarified to specify it means the product in finished form before it is packaged and labeled 'for sale or distribution to the public,' adding a purpose qualifier that narrows what qualifies as bulk product.

Floor votes

How they voted

No floor votes recorded yet.

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Amendments

May 14, 2026

Upper · Passed

May 14 hearing: Held in committee and under submission.

upper

Apr 22, 2026

Upper · Passed

From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 1. Page 4008.) (April 22). Re-referred to Com. on APPR.

upper

Apr 6, 2026

Upper · Passed

Read second time and amended. Re-referred to Com. on E.Q.

upper

Mar 26, 2026

Upper · Passed

From committee: Do pass as amended and re-refer to Com. on E.Q. (Ayes 10. Noes 0. Page 3689.) (March 25).

upper

Mar 17, 2026

Upper · Passed

From committee with author's amendments. Read second time and amended. Re-referred to Com. on HEALTH.

upper

Feb 18, 2026

Committee

Referred to Coms. on HEALTH and E.Q.

upper

Feb 11, 2026

Introduced

Introduced. Read first time. To Com. on RLS. for assignment. To print.

upper

1 primary · 4 co-sponsors