BILL NUMBER: AB 1427	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 7, 2012
	AMENDED IN SENATE  JULY 2, 2012
	AMENDED IN SENATE  MAY 1, 2012

INTRODUCED BY   Assembly Member Solorio

                        MARCH 22, 2011

   An act to amend Section 114099.6 of the Health and Safety Code,
relating to food.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1427, as amended, Solorio. Food facilities: sanitization.
   Existing law, the California Retail Food Code, requires all food
facilities in which food is prepared, or in which multiservice
utensils and equipment are used, to provide manual methods to
effectively clean and sanitize utensils, as specified. Existing law
requires manual sanitization to be accomplished in a number of
prescribed ways, including the application of sanitizing chemicals by
immersion, manual swabbing, or brushing, using specified solutions.
The law requires the State Department of Public Health to implement
and administer those provisions, and delegates primary enforcement
duties to local health agencies. A violation of these provisions is a
misdemeanor.
   This bill would authorize manual sanitization to be accomplished
by immersion, manual swabbing, or brushing, using a chemical
sanitizer that meets specified requirements, including compliance
with specified federal laws and regulations. By  adding a new,
permissible method of manual sanitization, and thereby 
increasing the  enforcement  duties of local officials, this
bill would impose a state-mandated local program.  By 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, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.  
   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.  Section 114099.6 of the Health and Safety Code is
amended to read:
   114099.6.  Manual sanitization shall be accomplished in the final
sanitizing rinse by one of the following:
   (a) Immersion for at least 30 seconds where the water temperature
is maintained at 171 degrees Fahrenheit or above.
   (b) The application of sanitizing chemicals by immersion, manual
swabbing, or brushing, using one of the following solutions:
   (1) Contact with a solution of 100 ppm available chlorine solution
for at least 30 seconds.
   (2) Contact with a solution of 25 ppm available iodine for at
least one minute.
   (3) Contact with a solution of 200 ppm quaternary ammonium for at
least one minute.
   (4) Contact with a chemical sanitizer generated by a device
located onsite at the food facility that meets all of the following
requirements:
   (A) Complies with the Federal Insecticide, Fungicide, and
Rodenticide Act (7 U.S.C. Sec. 136 et seq.).
   (B) Complies with federal device requirements as specified in
Section 152.500 of Title 40 of the Code of Federal Regulations, and
federal labeling requirements as specified in Section 156.10 of Title
40 of the Code of Federal Regulations.
   (C) Displays the United States Environmental Protection Agency
device manufacturing facility registration number on the device.
   (D) Is operated and maintained in accordance with manufacturer's
instructions, and good manufacturing practices as specified in Part
110 of Title 21 of the Code of Federal Regulations.
   (5) Contact with any chemical sanitizer that meets the
requirements of Section 180.940 of Title 40 of the Code of Federal
Regulations when used in accordance with the manufacturer's use
directions.
   (c) Other methods approved by the enforcement agency. 
  SEC. 2.    If the Commission on State Mandates
determines that this act contains 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. 
   SEC. 2.    No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because a local agency or school district has the
authority to levy service charges, fees, or assessments sufficient to
pay for the program or level of service mandated by this act or
because 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.