BILL NUMBER: AB 187 CHAPTERED 08/27/01 CHAPTER 204 FILED WITH SECRETARY OF STATE AUGUST 27, 2001 APPROVED BY GOVERNOR AUGUST 24, 2001 PASSED THE ASSEMBLY AUGUST 20, 2001 PASSED THE SENATE JULY 21, 2001 AMENDED IN SENATE JULY 10, 2001 AMENDED IN SENATE JUNE 25, 2001 AMENDED IN SENATE JUNE 13, 2001 AMENDED IN ASSEMBLY APRIL 16, 2001 AMENDED IN ASSEMBLY MARCH 21, 2001 INTRODUCED BY Assembly Member Liu (Coauthors: Assembly Members Aroner, Bill Campbell, Cedillo, Chan, Chu, Firebaugh, Frommer, Koretz, Nakano, Washington, and Wesson) (Coauthors: Senators Kuehl, Morrow, Romero, and Scott) FEBRUARY 7, 2001 An act to add Section 113995.5 to, and to add Article 14 (commencing with Section 111222) to Chapter 5 of Part 5 of Division 104 of, the Health and Safety Code, relating to food labeling and safety, and declaring the urgency thereof, to take effect immediately. LEGISLATIVE COUNSEL'S DIGEST AB 187, Liu. Food labeling and safety. Existing law, the Sherman Food, Drug, and Cosmetic Law, contains various provisions regarding the packaging, labeling, and advertising of food, drugs, and cosmetics. A violation of any of these provisions is punishable as a misdemeanor. This bill would require all manufacturers of Korean rice cakes to place labels issued by the Korean Rice Cake Association Corporation on the rice cakes that indicate the date of manufacture and would also be required to include a warning that the rice cake must be consumed within one day of manufacture. Existing law, the California Uniform Retail Food Facilities Law, establishes uniform health and sanitation standards for retail food facilities as defined. The law requires the State Department of Health Services to adopt regulations to implement and administer those provisions, and delegate primary enforcement duties to local health agencies. A violation of any of these provisions is punishable as a misdemeanor. This bill would permit the sale of Korean rice cakes that have been at room temperature for no more than 24 hours. 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. This bill would declare that it is to take effect immediately as an urgency statute. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Article 14 (commencing with Section 111222) is added to Chapter 5 of Part 5 of Division 104 of the Health and Safety Code, to read: Article 14. Korean Rice Cakes 111222. For purposes of this article, a "Korean rice cake" is defined as a confection that contains rice powder, salt, sugar, various edible seeds, oil, dried beans, nuts, dried fruits, and dried pumpkin. The ingredients may not include any animal fats or any other products derived from animals. A Korean rice cake is prepared by using a traditional Korean method that includes cooking by steaming at not less than 275 degrees Fahrenheit, for not less than five minutes, nor more than 15 minutes. 111223. All manufacturers of Korean rice cakes shall place a label issued by the Korean Rice Cake Association Corporation on the Korean rice cake that indicates the date of manufacture. The Korean rice cakes label shall include a statement that the rice cake must be consumed within one day of manufacture. SEC. 2. Section 113995.5 is added to the Health and Safety Code, to read: 113995.5. (a) Notwithstanding Sections 113995 and 114315 and if permitted by federal law, a food establishment may sell Korean rice cakes that have been at room temperature for no more than 24 hours. (b) At the end of the operating day, Korean rice cakes that have been at room temperature for more than 24 hours, shall be destroyed in a manner approved by the local enforcement agency. (c) For purposes of this section, a "Korean rice cake" is defined as a confection that contains rice powder, salt, sugar, various edible seeds, oil, dried beans, nuts, dried fruits, and dried pumpkin. The ingredients may not include any animal fats or any other products derived from animals. A Korean rice cake is prepared by using a traditional Korean method that includes cooking by steaming at not less than 275 degrees Fahrenheit, for not less than five minutes, nor more than 15 minutes. (d) All manufacturers of Korean rice cakes shall place a label on the Korean rice cake as prescribed by Section 111223. SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. SEC. 4. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: In order to implement labeling of Korean rice cakes and to protect the public health and safety at the earliest possible time, it is necessary that this act take effect immediately.