BILL NUMBER: AB 1372 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 22, 2009
AMENDED IN ASSEMBLY APRIL 14, 2009
INTRODUCED BY Assembly Member Feuer
FEBRUARY 27, 2009
An act to add Article 1.5 (commencing with Section
112056) to Chapter 4 of Part 6 4.4 (commencing with
Section 110540) to Chapter 5 of Part 5 of Division 104 of the
Health and Safety Code, relating to food safety.
LEGISLATIVE COUNSEL'S DIGEST
AB 1372, as amended, Feuer. Food processing establishments:
hazard analysis and critical control points
Hazard Analysis Critical Control Point 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) Point (HACCP)
plan , 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.
The bill would impose these requirements commencing January 1, 2012,
or January 1, 2013, depending upon the gross annual revenue of the
food processing establishment.
This bill would require the State Department of Public Health to
establish minimum standards and requirements for the HACCPPs
HACCP plans , and review adopted plans for
compliance. This bill would also require the department to conduct
inspections, as prescribed, and would authorize the department to
increase its annual inspection fee to include, but not exceed,
the cost of this additional inspection component. The bill would
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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: 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.
SECTION 1. Article 4.4 (commencing with Section 110540)
is added to Chapter 5 of Part 5 of Division 104 of the Health and
Safety Code, to read:
Article 4.4. Hazard Analysis Critical Control Point Plan
110540. (a) A food processing establishment in this
state that generates more than ____ dollars ($____) of gross annual
revenue shall adopt and implement a Hazard Analysis and
Critical Control Points Plan (HACCPP), as
Point (HACCP) plan by January 1, 2012. The minimum
contents of the plan shall be prescribed by the department.
(b) The HACCPP that is adopted by the food processing
establishment shall, at a minimum, provide for the following:
(b) A food processing establishment in this state that generates
less than ____ dollars ($____) of gross annual revenue shall adopt
and implement an HACCP plan by January 1, 2013, the minimum contents
of which shall be prescribed by the department.
(c) The department shall, by regulation, establish the minimum
requirements of a general HACCP plan by February 1, 2010. The
regulation shall, at a minimum, adhere to the Hazard Analysis
Critical Control Point principles and application guidelines adopted
by the National Advisory Committee on Microbiological Criteria for
Foods and shall provide both of 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 shall
include, but need not be limited to, preventive controls,
monitoring to ensure the effectiveness of preventive controls, and
records of corrective actions, including , but not limited to,
actions taken in response to the presence of known hazards.
(2) Provide for regular testing of samples or specimens of
food and ingredients and final product
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
(d) In complying with this section, a
food processing establishment shall conduct testing in a manner
consistent with the standards presented in the federal Food and
Drug Administrations' Administration's
Bacterial Analytical Manual and standards developed by the
Association of Analytical Communities International ,
and the International Organization for
Standardization, as these standards are in effect
on December 31, 2009 immediately preceding January 1,
2010 .
112057. 110541. (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. 110542. (a) The department,
in enforcing implementing this
article, shall do may do any or all of
the following:
(1) Promulgate Adopt
rules and regulations that establish minimum standards and
requirements for a HACCPP product-specific
HACCP plan .
(2) Review all HACCPPs, HACCP plans,
as adopted by the food processing establishment, for purposes of
determining that the HACCPP HACCP plan
meets the requirements of Section 112056
110540 and any applicable rules and regulations.
(3) Conduct
(b) The department shall conduct
inspections to ensure that a food processing establishment is in
compliance with its HACCPP. HACCP plan.
The inspections shall be conducted as a component of the
department's inspection pursuant to Section 110466 and the fee
charged for inspection pursuant to Section 110466 shall be increased
by an additional amount of up to ____ dollars ($____) to cover, but
not exceed, the cost of the inspection component related to
compliance with this article.
(b)
(c) 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.