BILL NUMBER: AB 1427	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 23, 2012
	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   solution of ozone  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 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  
solution of ozone that mee   ts the requirements of Section
180.940 of Title 40 of the Code of Federal Regulations and that is
 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  the 
manufacturer's instructions, and  manufactured using  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.  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.