BILL NUMBER: AB 2798 CHAPTERED 09/15/02 CHAPTER 532 FILED WITH SECRETARY OF STATE SEPTEMBER 15, 2002 APPROVED BY GOVERNOR SEPTEMBER 13, 2002 PASSED THE ASSEMBLY AUGUST 25, 2002 PASSED THE SENATE AUGUST 22, 2002 AMENDED IN SENATE AUGUST 19, 2002 AMENDED IN SENATE JUNE 25, 2002 INTRODUCED BY Assembly Member Aroner FEBRUARY 25, 2002 An act to amend Sections 110960, 113740, 113925, and 113995 of the Health and Safety Code, relating to retail food facilities. LEGISLATIVE COUNSEL'S DIGEST AB 2798, Aroner. Retail food facilities: transportation of food. Existing law, the California Uniform Retail Food Facilities Law (CURFFL), provides for the regulation of health and sanitation standards for retail food facilities by the State Department of Health Services. A violation of any of these provisions is punishable as a misdemeanor. Existing law defines an approved source for purposes of CURFFL as a producer, manufacturer, distributor, or food establishment that is acceptable to the enforcement agency based on a determination of conformity with applicable laws. This bill would expand the definition of an approved source to include a transporter that meets the above criteria. Existing law requires all potentially hazardous food, as defined, to be held at a specified temperature. This bill would specify that this requirement applies to potentially hazardous food that is held at a retail food facility or is being transported to or from a retail food facility for longer than 30 minutes. Existing law makes it unlawful to hold or display any potentially hazardous refrigerated food above a specified temperature. This bill would additionally make it unlawful to transport a potentially hazardous refrigerated food above the specified temperature. This bill would also allow retail food facilities to accept potentially hazardous food that has been cooled to a specified temperature within 4 hours of receipt. Existing law authorizes enforcement officers to undertake certain activities pursuant to the enforcement of CURFFL, including removing evidence from any food facility or any facility suspected of being a food facility. This bill would extend the authority of the enforcement officers to remove evidence from a vehicle transporting food to or from a retail food facility under specified conditions, and would make related statements of legislative intent. Because violation of the provisions relating to retail food facilities is a misdemeanor, this bill would create 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. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 110960 of the Health and Safety Code is amended to read: 110960. Except as provided in Section 113995, it is unlawful for any person to transport, hold, or display any potentially hazardous refrigerated food at any temperature above 45 degrees Fahrenheit. SEC. 2. Section 113740 of the Health and Safety Code is amended to read: 113740. (a) "Approved" means acceptable to the enforcement agency based on a determination of conformity with applicable laws, or, in the absence of applicable laws, current public health principles, practices, and generally recognized industry standards that protect public health. (b) "Approved source" means a producer, manufacturer, distributor, transporter, or food establishment that is acceptable to the enforcement agency based on a determination of conformity with applicable laws, or, in the absence of applicable laws, with current public health principles and practices, and generally recognized industry standards that protect public health. SEC. 3. Section 113925 of the Health and Safety Code is amended to read: 113925. (a) Enforcement officers are charged with the enforcement of this chapter and all regulations adopted pursuant to it. (b) (1) For purposes of enforcement of this chapter, any authorized enforcement officer may, during the facility's hours of operation and other reasonable times, enter, inspect, issue citations to, and secure any sample, photographs, or other evidence from, any of the following: (A) Any food facility. (B) Any facility suspected of being a food facility. (C) Any vehicle transporting food to or from a retail facility, when the vehicle is stationary at an agricultural inspection station, a border crossing, or at any food facility under the jurisdiction of the enforcement agency, or upon the request of an incident commander. (2) If a food facility is operating under an HACCP plan, as defined in Section 113797 and adopted pursuant to Section 114055 or 114056, the enforcement officer may, for the purpose of determining compliance with the plan, secure as evidence any documents, or copies of documents, relating to the facility's adherence to the HACCP plan. (c) It is a violation of this chapter for any person to refuse to permit entry or inspection, the taking of samples or other evidence, or access to copy any record as authorized by this chapter, or to conceal any samples or evidence, or withhold evidence concerning them. (d) A written report of the inspection shall be made and a copy shall be supplied or mailed to the owner, manager, or operator of the food facility. SEC. 4. Section 113995 of the Health and Safety Code is amended to read: 113995. (a) Except as otherwise provided in this section, all potentially hazardous food held at a retail food facility, or being transported to or from a retail food facility for a period of longer than 30 minutes, excluding raw shell eggs, shall be held at or below 7 degrees Celsius (45 degrees Fahrenheit) or shall be kept at or above 60 degrees Celsius (140 degrees Fahrenheit) at all times. Storage and display of raw shell eggs shall be governed by Sections 113997 and 114351. (b) A retail food facility may accept potentially hazardous food at or below 7 degrees Celsius (45 degrees Fahrenheit), per subdivision (a), if the potentially hazardous food is cooled within four hours of receipt to a temperature at or below 5 degrees Celsius (41 degrees Fahrenheit). (c) (1) Commencing January 1, 1997, all potentially hazardous food shall be held at or below 5 degrees Celsius (41 degrees Fahrenheit) or shall be kept at or above 60 degrees Celsius (140 degrees Fahrenheit) at all times, except for the following: (A) Unshucked live molluscan shellfish shall not be stored or displayed at a temperature above 7 degrees Celsius (45 degrees Fahrenheit). (B) Frozen potentially hazardous foods shall be stored and displayed in their frozen state unless being thawed in accordance with Section 114085. (C) Potentially hazardous foods held for dispensing in serving lines and salad bars during periods not to exceed 12 hours in any 24-hour period or held in vending machines may not exceed 7 degrees Celsius (45 degrees Fahrenheit). For purposes of this subdivision, a display case shall not be deemed to be a serving line. (D) Pasteurized milk and pasteurized milk products in original, sealed containers shall not be held at a temperature above 7 degrees Celsius (45 degrees Fahrenheit). (2) Nothing in this subdivision shall be deemed to require any person to replace or modify any existing refrigeration equipment owned by that person on January 1, 1997, until January 1, 2002. For purposes of this paragraph, neither a simple adjustment of temperature controls nor a needed repair shall constitute a modification. (d) Potentially hazardous foods may be held at temperatures other than those specified in this section when being heated or cooled, or when the food facility operates pursuant to a HACCP plan adopted pursuant to Section 114055 or 114056. If it is necessary to remove potentially hazardous food from specified holding temperatures to facilitate preparations, this preparation shall be diligent, and in no case shall the period of an ambient-temperature preparation step exceed two hours without a return to the specified holding temperatures. The total ambient-temperature holding of a potentially hazardous food for the purposes of preparation shall not exceed a total cumulative time of four hours. For purposes of this subdivision, preparation shall be deemed to be "diligent" with respect to raw shell eggs held for the preparation of egg-containing foods that are prepared to the specific order of the customer as long as the total ambient-temperature holding of these eggs does not exceed a total time of four hours. (e) A thermometer accurate to plus or minus 1 degree Celsius (2 degrees Fahrenheit) shall be provided for each refrigeration unit, shall be located to indicate the air temperature in the warmest part of the unit and, except for vending machines, shall be affixed to be readily visible. Except for vending machines, an accurate easily readable metal probe thermometer suitable for measuring the temperature of food shall be readily available on the premises. SEC. 5. The Legislature finds and declares that the amendments made by this act to Section 113925 of the Health and Safety Code are intended to provide safeguards for the transportation of potentially hazardous foods, and not to require the establishment of a new local vehicle inspection enforcement program with additional fees. SEC. 6. No reimbursement is required by this act pursuant to Section 6 of Article XIII B 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 XIII B of the California Constitution.