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 13, 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: 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 1997. The GRAS determination in treating food products was an AB 1427 | Page 3 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. It does not list the use of ozone as a sanitizing solution in retail food facilities. However, the Food Code is proposed to be updated in 2013 to approve the use of chemical sanitizers generated on-site, by a regulated device that meets labeling and other federal requirements, for the purpose of manual and mechanical warewashing. This additional approval can be interpreted to include devices that generate ozone. 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 AB 1427 | Page 4 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 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 AB 1427 | Page 5 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. 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. The author may wish to require the use of ambient air monitors in establishments that choose to use ozonated water as an extra precaution to protect workers. 9.Amendments. Instead of specifically authorizing ozone in statute as this bill requires, it may be more appropriate to mimic the language that the upcoming 2013 Food Code will reflect, which describes conditions that an on-site chemical-generating device used to create chemical sanitizers must meet. On page 3, on line 7, delete "Contact with a solution of 0.5 ppm ozone for at least 30 seconds" and insert: "Contact with a chemical sanitizer generated by a device located on-site at the food facility that meets all of the following requirements: AB 1427 | Page 6 (A) Complies with regulation as specified in Section 2(q)(1) and 12 of the Federal Insecticide, Fungicide, and Rodenticide Act, (B) Complies with 40 CFR 152.500 Requirements for Devices and 40 CFR 156.10 Labeling Requirements, (C) Displays the EPA device manufacturing facility registration number on the device, and (D) Is operated and maintained in accordance with manufacturer's instructions." 1.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. -- END --