BILL NUMBER: AB 1372 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 14, 2009
INTRODUCED BY Assembly Member Feuer
FEBRUARY 27, 2009
An act relating to health facilities. to
add Article 1.5 (commencing with Section 112056) to Chapter 4 of Part
6 of Division 104 of the Health and Safety Code, relating to food
safety.
LEGISLATIVE COUNSEL'S DIGEST
AB 1372, as amended, Feuer. Long-term health care
facilities: ratings. Food processing establishments:
hazard analysis and critical control points plans.
Under existing law, the California Food Sanitation Act, a food
processing establishment is required to satisfy prescribed sanitation
requirements for purposes of food safety. A violation of these
provisions is a misdemeanor.
This bill would require a food processing establishment to adopt
and implement a Hazard Analysis and Critical Control Points Plan
(HACCPP), as prescribed, including provisions for the testing of food
and ingredients for the presence of specified hazards to public
health. The bill would also impose reporting and recordkeeping
requirements on food processing establishments, as specified.
This bill would require the State Department of Public Health to
establish minimum standards and requirements for the HACCPPs, and
review adopted plans for compliance. This bill would also require the
department to conduct inspections, as prescribed, and would
authorize the department to require a food processing establishment
to test its food and ingredients, as prescribed.
Because this bill would create 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.
Under existing law, the State Department of Public Health licenses
and regulates health facilities, including long-term health care
facilities. Violation of these provisions is a crime.
This bill would state the intent of the Legislature to enact
legislation that would require the State Department of Public Health
to institute a facility rating guide for long-term health care
facilities and to post the ratings in the facilities and on the
department's Internet Web site.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no
yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Article 1.5 (commencing with Section
112056) is added to Chapter 4 of Part 6 of Division 104 of the
Health and Safety Code , to read:
Article 1.5. Hazard Analysis and Critical Control Points Plan
112056. (a) A food processing establishment in this state that
generates more than ____ dollars ($____) of gross annual revenue
shall adopt and implement a Hazard Analysis and Critical Control
Points Plan (HACCPP), as prescribed by the department.
(b) The HACCPP that is adopted by the food processing
establishment shall, at a minimum, provide for the following:
(1) Describe the procedures used at the establishment to prevent
the presence of hazards, including, but not limited to, poisonous or
deleterious substances or other contaminants that may render finished
foods or ingredients manufactured at the establishment injurious to
health. The procedures should include, but not be limited to,
preventive controls, monitoring to ensure the effectiveness of
preventive controls, and records of corrective actions, including
actions taken in response to the presence of known hazards.
(2) Provide for regular testing of samples or specimens of food
and ingredients at the establishment for the presence of poisonous or
deleterious substances or other contaminants that may render the
food and ingredients injurious to health.
(3) Establish testing standards and procedures that shall be, at a
minimum, consistent with standards presented in the federal Food and
Drug Administrations' Bacterial Analytical Manual and standards
developed by the Association of Analytical Communities International,
International Organization for Standardization, in effect on
December 31, 2009.
112057. (a) A food processing establishment shall report to the
department, within 24 hours, any test result that is positive for
poisonous or deleterious substances or other contaminants.
(b) A food processing establishment shall maintain a record of all
testing that is conducted pursuant to this article for a period of
not less than two years. The food processing establishment shall make
these records available to the department for inspection upon
request.
(c) A food processing establishment shall allow the department to
have complete access to its establishment and any vehicle being used
to transport or hold food or ingredients from the establishment,
during all hours of operation and other reasonable hours, for any of
the following purposes:
(1) Inspection of the establishment or vehicle, or both.
(2) Inspection and review of records regarding pathogen
destruction.
(3) Inspection and review of records of testing conducted pursuant
this article.
(4) Securing a sample or specimen of a food or ingredient, or
both, after paying or offering to pay for the sample or specimen.
112058. (a) The department, in enforcing this article, shall do
all of the following:
(1) Promulgate rules and regulations that establish minimum
standards and requirements for a HACCPP.
(2) Review all HACCPPs, as adopted by the food processing
establishment, for purposes of determining that the HACCPP meets the
requirements of Section 112056 and any applicable rules and
regulations.
(3) Conduct inspections to ensure that a food processing
establishment is in compliance with its HACCPP.
(b) The department, upon reasonable grounds to suspect that
identifiable food or ingredients, or both, at a food processing
establishment may be injurious to health, may order that
establishment to test samples or specimens of its food or
ingredients, or both, for the presence of any poisonous or
deleterious substances or other contaminants.
SEC. 2. 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.
SECTION 1. It is the intent of the Legislature
to enact legislation that would require the State Department of
Public Health to institute a facility rating guide for long-term
health care facilities and to post the ratings in the facilities and
on the department's Internet Web site.