BILL NUMBER: SB 888	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 21, 2010
	AMENDED IN SENATE  MAY 18, 2010
	AMENDED IN SENATE  APRIL 28, 2010
	AMENDED IN SENATE  APRIL 12, 2010

INTRODUCED BY   Senator Yee
   (Principal coauthor: Senator Liu)
   (Coauthors: Senators Huff, Padilla, and Romero)
   (Coauthors: Assembly Members Eng, Tran, and Yamada)

                        JANUARY 20, 2010

   An act to amend Sections 111222 and 111223 of, to amend the
heading of Article 14 (commencing with Section 111222) of Chapter 5
of Part 5 of Division 104 of, and to add Section 114429.5 to, the
Health and Safety Code, relating to food safety.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 888, as amended, Yee. Food safety: Asian rice based noodles.
   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 Asian rice based
noodles to place labels on the Asian rice based noodles that indicate
the date of manufacture and to include a warning that the Asian rice
based noodles are perishable and must be consumed within 4 hours of
manufacture.
   Existing law, the California Retail Food Code, establishes uniform
health and sanitation standards for retail food facilities, as
defined. The law requires the State Department of Public Health to
adopt regulations to implement and administer those provisions, and
delegates 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 Asian rice based noodles, as
defined, that have been at room temperature for  no  more
than 4 hours and would prohibit the sale of Asian rice based noodles
unless they are labeled according to the requirements of this bill.

   This bill would also require the local enforcement agency to
approve the manner in which Asian rice based noodles kept at room
temperature are to be consumed, cooked, or destroyed.  
   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.  
   By imposing new duties upon local agencies and expanding the
definition of a crime, this 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 with regard to certain mandates no
reimbursement is required by this act for a specified reason. 

   With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above. 
   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.  The heading of Article 14 (commencing with Section
111222) of Chapter 5 of Part 5 of Division 104 of the Health and
Safety Code is amended to read:

      Article 14.  Asian Rice Noodles and Korean Rice Cakes


  SEC. 2.  Section 111222 of the Health and Safety Code is amended to
read:
   111222.  For purposes of this article the following definitions
shall apply:
   (a) "Asian rice based noodle" is defined as a confection that
contains rice powder, water, wheat starch, and vegetable cooking oil.
The ingredients shall not include any animal fats or any other
products derived from animals. An Asian rice based noodle is prepared
by using a traditional method that includes cooking by steaming at
not less than 130 degrees Fahrenheit, for not less than four minutes.

   (b) "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.

  SEC. 3.  Section 111223 of the Health and Safety Code is amended to
read:
   111223.  (a) All manufacturers of Asian rice based noodles shall
place a label on the packaging of Asian rice based noodles that
indicates the date and time of manufacture and includes a statement
that the Asian rice based noodles are perishable and must be consumed
within four hours of manufacture.
   (b) 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. 4.  Section 114429.5 is added to the Health and Safety Code,
to read:
   114429.5.  (a) Notwithstanding Sections 113996 and 114343, and if
permitted by federal law, a food facility may sell Asian rice based
noodles that have been kept at room temperature for no more than four
hours.
   (b) Asian rice based noodles that have been kept at room
temperature shall be consumed, cooked, or destroyed in a manner
approved by the  local  enforcement agency within four hours
of manufacture.
   (c) At the end of the operating day, Asian rice based noodles that
have been kept at room temperature for more than four hours shall be
destroyed in a manner approved by the  local  enforcement
agency.
   (d) For purposes of this section, an "Asian rice based noodle" is
defined as a confection that contains rice powder, water, wheat
starch, and vegetable cooking oil. The ingredients shall not include
any animal fats or any other products derived from animals. An Asian
rice based noodle is prepared by using a traditional method that
includes cooking by steaming at not less than 130 degrees Fahrenheit,
for not less than four minutes.
   (e) All manufacturers of Asian rice based noodles shall place a
label on the Asian rice based noodle as prescribed by Section 111223.

  SEC. 5.    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. 
   SEC. 5.    No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution for certain costs that may be incurred by a local agency
or school district because, in that regard, 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.  
   However, if the Commission on State Mandates determines that this
act contains other costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division 4 of
Title 2 of the Government Code.