BILL ANALYSIS Ó
SENATE COMMITTEE ON HEALTH
Senator Ed Hernandez, O.D., Chair
BILL NO: AB 1427
AUTHOR: Solorio
AMENDED: May 1, 2012
HEARING DATE: June 6, 2012
CONSULTANT: Orr
SUBJECT : Food facilities: Sanitization.
SUMMARY : Adds ozone to the list of authorized chemicals to be
used in the manual sanitation of utensils and equipment in food
facilities.
Existing federal regulations:
1.Authorize the use of ozone in the treatment, storage and
processing of foods, including meat and poultry, in accordance
with prescribed conditions.
2.Authorize the use of ozone in the sanitization of
water-contact surfaces in the processing and bottling of
bottled water. Specifies the minimum concentration and timing
of the sanitization to be .1 part per million (ppm)
ozone-water solution in an enclosed system for at least 5
minutes.
Existing state law:
1.Provides, under the California Retail Food Code (CalCode), for
the development of health and sanitation standards for retail
food facilities by the California Department of Public Health
(CDPH) and vests local health agencies with primary
responsibility for enforcing these standards.
2.Requires all food facilities to provide manual methods to
effectively clean and sanitize utensils and equipment at the
facility, as specified.
3.Authorizes the use of chlorine, iodine, and quaternary
ammonium, at specified concentrations and durations, for use
in the manual sanitation of utensils and equipment during the
final rinse. Additionally authorizes manual sanitation to be
accomplished by immersion in water above a specified
temperature for a specified duration, or manual sanitation by
other methods approved by the enforcement agency.
Continued---
AB 1427 | Page 2
This bill:
1.Adds ozone to the list of authorized chemicals to be used in
the manual sanitation of utensils and equipment in food
facilities. Specifies the acceptable concentration of ozone
solution in the final sanitizing rinse to be contact with a
solution of .5 ppm ozone for at least 30 seconds.
FISCAL EFFECT : This bill in this version has not been analyzed
by a fiscal committee.
PRIOR VOTES : Prior votes are not relevant for this version of
the bill.
COMMENTS :
1.Author's statement. According to the author, AB 1427 will
resolve ambiguity in state law to allow use of ozone for
manual sanitizing of food by retail food establishments,
consistent with federal regulation allowing ozone for other
kinds of food uses. Ozone is a clean and green alternative
disinfectant, which does not leave residues in the waste
stream. Federal agencies have approved use of ozone for
certain food uses under federal regulations, but state law,
which controls operations of retail food establishments, does
not.
2.Background. According to the National Small Flows
Clearinghouse, ozone is an unstable gas that that can destroy
bacteria and viruses. It is formed when oxygen molecules (O2)
collide with oxygen atoms to produce ozone (O3). It is
generated by an electrical discharge through dry air or pure
oxygen. Since it is an unstable gas, it decomposes to oxygen
in about 20 minutes, leaving no traces of the disinfectant.
Its quick decomposition means that it must be generated
onsite. Ozonation (ozone disinfection) is a common method of
disinfecting wastewater and was used in a U.S. water treatment
plant as early as 1940. According to the Economic Research
Service under the U.S. Department of Agriculture (USDA), most
bottled water is now treated with ozone.
For any substance commonly used in the U.S. prior to January
1, 1958, the U.S. Food and Drug Administration (FDA) allows
its use in other products if an independent panel of experts
deems the substance and its use as "generally recognized as
safe" (GRAS). According to the USDA, ozone was deemed GRAS as
a disinfectant for foods by an independent panel of experts in
AB 1427 | Page
3
1997. The GRAS determination in treating food products was an
expansion of uses already approved for ozone. The FDA claims
that ozone can reduce levels of harmful microorganisms,
including some E. coli strains and Cryptosporidium (a common
source of waterborne illness) in foods and juices, and can
kill viruses and parasites. Ozone is approved as a food
additive that may be safely used as an antimicrobial agent in
the treatment, storage, and processing of certain foods under
the conditions of use prescribed in the Code of Federal
Regulations.
3.FDA and the model Food Code. The FDA, along with the U.S.
Public Health Service, publishes the Food Code, a model that
assists food control jurisdictions at all levels of government
by providing them with a scientifically sound, technical and
legal basis for regulating the retail and food service segment
of the industry (restaurants and grocery stores and
institutions such as nursing homes). Local, state, tribal, and
federal regulators may use the Food Code to develop or update
their own food safety rules and to be consistent with national
food regulatory policy. Ozone is listed in the model Food Code
as being approved for use as an antimicrobial agent used in
the treatment, storage, and processing of foods, including
meat and poultry, in a food establishment as long as it meets
specified criteria. The Food Code additionally approves ozone
for the treatment, storage, and processing of fruits and
vegetables. The most recent version (published in 2009)
specifically names chlorine, iodine, and quaternary ammonium
as chemical sanitizers to be used in a sanitizing solution for
manual or mechanical warewashing. However, it does not list
the use of ozone as a sanitizing solution in retail food
facilities.
4.CalCode. CalCode was established to create uniformity between
California's retail food safety laws and those of other
states, as well as to enhance food safety laws based on the
best available science. CalCode is modeled after the federal
Model Food Code. The CalCode, among other things, establishes
uniform food safety and sanitation requirements for local
jurisdictions to follow and establishes the authority of local
environmental health jurisdictions to adopt a food safety
inspection program with state oversight. Local jurisdictions
are granted the authority to inspect food facilities,
immediately suspend a permit, conduct hearings, take samples
or other evidence, impound food or equipment, and issue
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reports as necessary to protect the public's health. CalCode
also gives local health jurisdictions authority to approve of
other methods of manual sanitization for food facilities.
5.Related legislation. AB 1513 (Allen) revises the CalCode to
include sanitation and safety requirements for indoor and
outdoor playgrounds on the premises of retail food facilities.
Pending hearing in the Senate Health Committee.
AB 2317 (Berryhill) is identical to AB 1427. AB 2317 was
referred to the Assembly Health Committee, but it was not
heard.
6.Prior legislation. SB 241 (Runner), Chapter 571, Statutes of
2009, made several changes to the CalCode, including
specifying mechanical warewashing sanitation methods and
procedures.
AB 2168 (Jones), Chapter 447, Statutes of 2008, includes farm
stands, as defined, within the definition of food facility for
purposes of permitting and enforcement, and made other changes
regarding the direct sale of agriculture products by farmers
to the public and the direct marketing of agricultural
products by retail stands.
SB 144 (Runner), Chapter 23, Statutes of 2006, repealed the
California Uniform Retail Food Facilities Law (CURFFL) and
recast and revised its provisions as the CalCode, effective
July 1, 2007. Modeled after the federal Model Food Code,
CalCode made several enhancements to CURFFL related to
documentation, uniformity and consistency, best available
science, at-risk populations, and flexibility of provisions.
7.Support. Eco-Safe Systems USA, Inc. is sponsoring the bill.
They claim that ozone is a powerful non-polluting
antimicrobial sanitizer approved by the FDA and USDA to
eliminate bacteria on food, including vegetables and meat. AB
1427 would allow this innovative and green technology to
effectively disinfect food preparation areas and to help
reduce food contamination in an ecological way. Eco-Safe
claims that using ozone for disinfection is organic and free
from harmful by-products and residues. Eco-Safe claims that
they are an innovative and environmentally friendly company
that manufactures ozonated water treatment and water
reclamation systems with over 100 clients in the supermarket,
restaurant, food processor, and water reclamation industries.
AB 1427 | Page
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8.Policy comments.
a. Authority of local jurisdictions. Existing law already
allows local health jurisdictions to authorize other
methods of manual sanitization in food facilities. It may
not be necessary to authorize ozone usage for manual
sanitization statewide, given the ability for local
jurisdictions to authorize it.
b. Ozone impacts on food worker health. According to the
U.S. Environmental Protection Agency (EPA), gaseous ozone
is considered an outdoor air pollutant and a major
component of urban smog, formed by emissions from mobile
and industrial sources reacting to the presence of
sunlight. Short-term inhalation of ozone can produce
temporary chest discomfort and transient changes in
breathing patterns and lung function. EPA cites that
repeated or prolonged exposures to reactive gases such as
ozone may present a possible risk factor for lung cancer.
The National Institute of Occupational Safety and Health
has established a recommended exposure limit for ozone in
the workplace at .1ppm. It is not clear how the use of
ozonated water by food facility workers, in the
concentration and duration as prescribed by this bill,
will impact the health of those workers. Food facility
workers may need additional training in how to safely and
properly handle ozone in order to mitigate potentially
negative effects.
c. Additional information is needed. It is unknown how
widely ozone is currently used in sanitization practices
at food facilities. Some surfaces or items in food
facilities (i.e. some plastics) may be permeable and
therefore may not appropriate to be sanitized using ozone.
It is not clear if the ozonated water must maintain a
certain temperature in order to retain its sanitization
capabilities. While ozone has been proven safe to use for
certain purposes, like water treatment, it is not clear if
the concentration and duration prescribed by this bill are
the most appropriate for this bill's intended purpose. It
is also unknown if ozone has been expressly denied
approval for use as a manual sanitizer by any scientific
bodies or federal entities. In light of these unknowns, it
may not be prudent for the Legislature to make a
determination about the use of ozone for manual sanitation
AB 1427 | Page 6
in food facilities at this time without more express
guidance from the federal government or evidence from the
broader scientific community.
9.Gut and amend. The language currently contained in this bill
is identical to language currently contained in AB 2317, which
was referred to the Assembly Health Committee, but not heard.
AB 1427 previously held language pertaining to worker's
compensation insurance.
SUPPORT AND OPPOSITION :
Support: Eco-Safe Systems USA, Inc. (sponsor)
ClearWater Tech
DEL Industries, Inc.
Simply Fresh Fruit
Whole Foods Market
One individual
Oppose: None received.
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