BILL NUMBER: SB 173 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 20, 2009
INTRODUCED BY Senator Florez
FEBRUARY 14, 2009
An act to amend Section 47026 of the Food and
Agricultural Code, relating to farmers' markets. An
act to add Sections 110153 and 111836 to, and to add Article 6.7
(commencing with Section 110808) to Chapter 5 of Part 5 of Division
104 of, the Health and Safety Code, relating to food safety.
LEGISLATIVE COUNSEL'S DIGEST
SB 173, as amended, Florez. Farmers' markets.
Food safety: testing and recalls.
Existing law, the Sherman Food, Drug, and Cosmetic Law,
authorizes, for purposes of enforcement of the law, an authorized
agent of the State Department of Public Health to, among other
things, enter any factory, warehouse, or establishment in which any
food is manufactured, packed, or held, enter any vehicle that is
being used to transport or hold the food, and inspect any factory,
warehouse, establishment, vehicle, or place, and all pertinent
equipment, raw material, finished and unfinished materials,
containers, and labeling in the factory, warehouse, establishment,
vehicle, or place. Existing law authorizes the agent to secure any
sample or specimen of any food, as specified. It is unlawful for any
person to refuse to permit entry or inspection, the taking of samples
or other evidence, or access to copying of any record as authorized
by this part, or to conceal the samples or evidence, or withhold
evidence concerning them. A violation of the law is a misdemeanor.
This bill would require every food grower, food processor, and
food facility that subjects food that it grows, processes, or
prepares for sale to testing to determine the presence of a microbe,
pathogen, poisonous chemical, or other harmful substance that may
cause food-borne disease to maintain accurate records with the
results of these tests, as specified, and report to the department
test results that indicate the presence of a microbe, pathogen,
poisonous chemical, or other harmful substance that may cause
food-borne disease.
This bill would require the State Public Health Officer to recall
food to prevent, circumscribe, or eliminate any condition if the food
may carry an illness, infection, pathogen, contagion, toxin, or
condition that, without intervention, could transmit an illness that
could kill or seriously affect the health of humans, as specified.
This bill would require every food grower, food processor, or food
facility that grows, processes, or prepares for sale food that
causes the outbreak of a food-borne disease and is subject to a
mandatory recall by the department to be subject to specified
requirements, except under certain circumstances.
By creating a new crime, 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.
Existing law provides that California farmers may transport for
sale and sell California-grown fresh fruits, nuts, and vegetables
that they produce directly to the public at a certified farmers'
market, as specified. Existing law provides that it is unlawful for
any person operating under these provisions to commit certain acts
related to the conduct of farmers' markets. Existing law provides
that the Secretary of Food and Agriculture or the county commissioner
may, until January 1, 2012, levy a civil penalty against a person
who violates these provisions, as specified.
This bill would extend these civil penalty provisions until
January 1, 2013.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 110153 is added to the
Health and Safety Code , to read:
110153. (a) Every food grower, food processor, and food facility
that subjects food that it grows, processes, or prepares for sale to
testing to determine the presence of a microbe, pathogen, poisonous
chemical, or other harmful substance that may cause food-borne
disease shall maintain accurate records with the results of these
tests for at least two years after receipt of the test results. These
records shall be subject to inspection pursuant to this part.
(b) Every food grower, food processor, and food facility described
in subdivision (a) that receives test results that indicate the
presence of a microbe, pathogen, poisonous chemical, or other harmful
substance that may cause food-borne disease shall report these test
results to the department within one hour of receipt in accordance
with department regulations regarding the method of reporting.
SEC. 2. Article 6.7 (commencing with Section
110808) is added to Chapter 5 of Part 5 of Division 104 of the
Health and Safety Code , to read:
Article 6.7. Food Recalls
110808. Subject to the rights and procedures established pursuant
to Chapter 4.5 (commencing with Section 11400) of Division 3 of
Title 2 of the Government Code, and in accordance with regulations
adopted pursuant to this code, the State Public Health Officer shall
recall food if he or she believes, upon any basis reasonably
supportable by standard epidemiological practice or credible
scientific research, that the food may carry an illness, infection,
pathogen, contagion, toxin, or condition that, without intervention,
could transmit an illness that could kill or seriously affect the
health of humans, including, in addition to the original condition,
those clinically plausible secondary illnesses, infections,
pathogens, contagions, toxins, or conditions arising from the effects
of the original.
SEC. 3. Section 111836 is added to the
Health and Safety Code , to read:
111836. (a) Except as provided in subdivision (b), every food
grower, food processor, or food facility that grows, processes, or
prepares for sale food that causes the outbreak of a food-borne
disease and is subject to a mandatory recall by the department shall
be subject to all of the following:
(1) If the food grower, food processor, or food facility is
determined to be liable for damages arising from a cause of action
brought by a person harmed by the food, the food grower, food
processor, or food facility shall also be liable to the plaintiff for
treble damages.
(2) Onsite inspections by an authorized agent of the department at
a frequency determined by the department to prevent any additional
outbreaks of a food-borne disease, but not less than eight days per
month for a period of at least 12 months. The food grower, food
processor, or food facility shall be liable for the costs of these
inspections.
(3) A suspension of operations for an amount of time determined by
the department to prevent any additional outbreaks of a food-borne
disease, but not to exceed six months.
(b) Every food grower, food processor, or food facility that
grows, processes, or prepares for sale food that causes the outbreak
of a food-borne disease and is subject to a mandatory recall by the
department shall be exempt from the requirements of subdivision (a)
if the food grower, food processor, or food facility does both of the
following:
(1) Has a written Hazard Analysis and Critical Control Point Plan
that delineates the formal procedures for following the Hazard
Analysis and Critical Control Point principles developed by the
National Advisory Committee on Microbiological Criteria for Foods.
(2) Routinely subjects food that it grows, processes, or prepares
for sale to testing to determine the presence of a microbe, pathogen,
poisonous chemical, or other harmful substance that may cause
food-borne disease in accordance with good standards and practices of
the industry.
(c) Nothing in this part shall be construed to require a food
grower, food processor, or food facility to meet the requirements of
paragraph (1) or (2) of subdivision (b).
SEC. 4. 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. Section 47026 of the Food and
Agricultural Code is amended to read:
47026. This article shall remain in effect only until January 1,
2013, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2013, deletes or extends
that date.