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 --