BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      



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          |SENATE RULES COMMITTEE            |                  AB 1427|
          |Office of Senate Floor Analyses   |                         |
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                                 THIRD READING


          Bill No:  AB 1427
          Author:   Solorio (D)
          Amended:  8/23/12 in Senate
          Vote:     21

           
           SENATE HEALTH COMMITTEE  :  7-0, 6/13/12
          AYES:  Hernandez, Harman, Alquist, Anderson, DeSaulnier, 
            Rubio, Wolk
          NO VOTE RECORDED:  Blakeslee, De León

           SENATE APPROPRIATIONS COMMITTEE  :  Senate Rule 28.8

           ASSEMBLY FLOOR  :  Not relevant


           SUBJECT  :    Food facilities:  sanitization

           SOURCE  :     Eco-Safe Systems USA, Inc.


           DIGEST  :    This bill authorizes retail food facilities 
          (e.g. grocery stores, restaurants) to manually sanitize 
          food-contact surfaces with a solution of ozone generated 
          on-site by a device that complies with federal regulations 
          applicable to such devices.

           Senate Floor Amendments  of 8/23/12 specify the conditions 
          under which ozone may become an authorized chemical for use 
          as a manual sanitizer of food-contact surfaces in retail 
          food facilities. 

           ANALYSIS  :    
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          Existing federal regulation:

          1. Authorizes the use of ozone in the treatment, storage 
             and processing of 
             foods, including meat and poultry, in accordance with 
             prescribed conditions.

          2. Authorizes 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 parts per million 
             (ppm) ozone-water solution in an enclosed system for at 
             least five 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 Department 
             of Public Health (DPH) 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. 

          This bill authorizes retail food facilities (e.g. grocery 
          stores, restaurants)  to manually sanitize food-contact 
          surfaces with a solution of ozone generated on-site by a 
          device that complies with federal regulations applicable to 
          such devices, and allows ozone to be added to the list of 
          authorized chemicals used in the manual sanitization of 
          food-contact surfaces in retail food facilities when ozone 

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          meets specified federal requirements established by the 
          United States Environmental Protection Agency and is listed 
          in the Code of Federal Regulations.

           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 United States 
          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 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. 

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes   
          Local:  Yes

           SUPPORT  :   (Verified  8/24/12)


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          Eco-Safe Systems USA, Inc. (source)
          ClearWater Tech
          DEL Industries, Inc.
          Simply Fresh Fruit
          Whole Foods Market
          
           ARGUMENTS IN SUPPORT  :    The bill's sponsor, Eco-Safe 
          Systems USA, Inc., claims that ozone is a powerful 
          non-polluting antimicrobial sanitizer approved by the FDA 
          and USDA to eliminate bacteria on food, including 
          vegetables and meat.  This bill allows 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. 


          CTW:m  8/24/12   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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