BILL NUMBER: AB 2297	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 11, 2012

INTRODUCED BY   Assembly Member Hayashi

                        FEBRUARY 24, 2012

   An act to  add Section 113714 to   amend
Sections 113789 and 114380 of  the Health and Safety Code,
relating to food facilities.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2297, as amended, Hayashi. California Retail Food Code:
 long-term health care facilities.   skilled
nursing facilities: intermediate care facilities for the
developmentally disabled. 
   Existing law, the California Retail Food Code, provides for the
regulation of health and sanitation standards for retail food
facilities, as defined, by the State Department of Public Health and
is primarily enforced by local health agencies. A violation of any
provision of the code is a misdemeanor. 
   This bill would exclude from the definition of a retail food
facility an intermediate care facility for the developmentally
disabled, as defined. The bill would require an intermediate care
facility for the developmentally disabled to notify the local health
department and the State Department of Public Health within 24 hours
of a foodborne illness or outbreak. By expanding the definition of a
crime, this bill would impose a state-mandated local program. 

    Existing law requires a person proposing to build or remodel a
food facility to submit plans and specifications to the enforcement
agency for review, and to receive plan approval before starting any
new construction or remodeling of any facility for use as a retail
food facility.  
   This bill would, notwithstanding these provisions, require that
the Office of Statewide Health Planning and Development (OSHPD)
maintain its primary jurisdiction over licensed skilled nursing
facilities, and would require, when new construction, modernization,
or remodeling must be undertaken, that a facility complete a building
application and plan check process as required by OSHPD.  
   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.  
   Existing law, the Long-Term Care, Health, Safety, and Security Act
of 1973, provides for the regulation of long-term health care
facilities, as defined, by the department.  
   This bill would require the Licensing and Certification Division
of the department to have primary responsibility for enforcement of
the California Retail Food Code for long-term health facilities, and
would provide that a violation of the code by a long-term health care
facility is only subject to the penalties described in the code.

   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program:  no   yes  .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    The Legislature finds and declares all
of the following:  
   (a) Skilled nursing facilities and intermediate care facilities
for the developmentally disabled are licensed by the State Department
of Public Health and are subject to annual licensing inspections and
federal certification surveys by the licensing and certification
division of the State Department of Public Health. These long-term
care providers pay annual licensing fees to the State Department of
Public Health to pay for these inspections, at a cost of
approximately $25,000 per year for a typical 100-bed skilled nursing
facility and $3,300 for a typical intermediate care facility for the
developmentally disabled.  
   (b) The State Department of Public Health is responsible for
measuring a facility's compliance with all aspects of patient care,
including overseeing the food safety, preparation, storage, and
sanitation requirements prescribed by federal and state law. 

   (c) The physical infrastructure and related systems of
single-story, wood-frame, and light steel frame construction or major
renovations for skilled nursing facilities are governed by the
Office of Statewide Health Planning and Development (OSHPD). 

   (d) Any new construction or major alteration of an existing
structure must conform to the latest edition of the California
Buildings Standards Code, and providers are required to go through a
building application and plan check process under the jurisdiction of
OSHPD.  
   (e) In 2006, the California Retail Food Code was changed to
include licensed health facilities within the definition of "retail
food facility." This change subjected skilled nursing and
intermediate care facilities for the developmentally disabled to an
additional level of inspections, enforcement remedies, and permit
fees enforced by the county health departments.  
   (f) Sixty-four percent of California nursing facility residents
and 99 percent of intermediate care facility for the developmentally
disabled residents have their care paid for by Medi-Cal. The
additional permit fees, facility staff time spent on the new county
inspections, and conflicting building code enforcement have resulted
in an increase in facility costs and will increase the cost to the
Medi-Cal system, and the General Fund, as Medi-Cal is required to pay
its portion of any new state-mandated cost.  
   (g) It is, therefore, the intent of the Legislature to enact
legislation to decrease the cost to the state and to eliminate
duplicative inspections of these specific types of long-term care
facilities for compliance with the California Retail Food Code. 

   SEC. 2.    Section 113789 of the   Health
and Safety Code   is amended to read: 
   113789.  (a) "Food facility" means an operation that stores,
prepares, packages, serves, vends, or otherwise provides food for
human consumption at the retail level, including, but not limited to,
the following:
   (1) An operation where food is consumed on or off the premises,
regardless of whether there is a charge for the food.
   (2) Any place used in conjunction with the operations described in
this subdivision, including, but not limited to, storage facilities
for food-related utensils, equipment, and materials.
   (b) "Food facility" includes permanent and nonpermanent food
facilities, including, but not limited to, the following:
   (1) Public and private school cafeterias.
   (2) Restricted food service facilities.
   (3)  Licensed health care facilities.
   (4) Commissaries.
   (5) Mobile food facilities.
   (6) Mobile support units.
   (7) Temporary food facilities.
   (8) Vending machines.
   (9) Certified farmers' markets, for purposes of permitting and
enforcement pursuant to Section 114370.
   (10) Farm stands, for purposes of permitting and enforcement
pursuant to Section 114375.
   (c) "Food facility" does not include any of the following:
   (1) A cooperative arrangement wherein no permanent facilities are
used for storing or handling food.
   (2) A private home.
   (3) A church, private club, or other nonprofit association that
gives or sells food to its members and guests, and not to the general
public, at an event that occurs not more than three days in any
90-day period.
   (4) A for-profit entity that gives or sells food at an event that
occurs not more than three days in a 90-day period for the benefit of
a nonprofit association, if the for-profit entity receives no
monetary benefit, other than that resulting from recognition from
participating in an event.
   (5) Premises set aside for wine tasting, as that term is used in
Section 23356.1 of the Business and Professions Code and in the
regulations adopted pursuant to that section, that comply with
Section 118375, regardless of whether there is a charge for the wine
tasting, if no other beverage, except for bottles of wine and
prepackaged nonpotentially hazardous beverages, is offered for sale
for onsite consumption and no food, except for crackers, is served.
   (6) Premises operated by a producer, selling or offering for sale
only whole produce grown by the producer, or shell eggs, or both,
provided the sales are conducted on premises controlled by the
producer.
   (7) A commercial food processing plant as defined in Section
111955.
   (8) A child day care facility, as defined in Section 1596.750.
   (9) A community care facility, as defined in Section 1502.
   (10) A residential care facility for the elderly, as defined in
Section 1569.2.
   (11) A residential care facility for the chronically ill, which
has the same meaning as a residential care facility, as defined in
Section 1568.01.
   (12) Premises set aside by a beer manufacturer, as defined in
Section 25000.2 of the Business and Professions Code, that comply
with Section 118375, for the purposes of beer tasting, regardless of
whether there is a charge for the beer tasting, if no other beverage,
except for beer and prepackaged nonpotentially hazardous beverages,
is offered for sale for onsite consumption, and no food, except for
crackers or pretzels, is served. 
   (13) (A) An intermediate care facility for the developmentally
disabled, as defined in subdivisions (e), (h), and (m) of Section
1250.  
   (B) Notwithstanding subparagraph (A), the survey staff within the
Licensing and Certification Division of the State Department of
Public Health shall include an inspection for compliance with the
applicable food and facility sanitation requirements during the
annual licensing and certification surveys required by federal and
state law for the facilities described in subparagraph (A). A
facility described in subparagraph (A) shall report any foodborne
illness or outbreak to the local health department and to the State
Department of Public Health within 24 hours of the illness or
outbreak. 
   SEC. 3.    Section 114380 of the   Health
and Safety Code   is amended to read: 
   114380.  (a) A person proposing to build or remodel a food
facility shall submit complete, easily readable plans drawn to scale,
and specifications to the enforcement agency for review, and shall
receive plan approval before starting any new construction or
remodeling of any facility for use as a retail food facility.
   (b) Plans and specifications may also be required by the
enforcement agency if the agency determines that they are necessary
to assure compliance with the requirements of this part, including,
but not limited to, a menu change or change in the facility's method
of operation.
   (c) (1) All new school food facilities or school food facilities
that undergo modernization or remodeling shall comply with all
structural requirements of this part. Upon submission of plans by a
public school authority, the Office of the State Architect and the
local enforcement agency shall review and approve all new and
remodeled school facilities for compliance with all applicable
requirements. 
   (2) Notwithstanding subdivision (a), the Office of Statewide
Health Planning and Development (OSHPD) shall maintain its primary
jurisdiction over licensed skilled nursing facilities, and when new
construction, modernization, or remodeling must be undertaken to
repair existing systems or to keep up the course of normal or routine
maintenance, the facility shall complete a building application and
plan check process as required by OSHPD. Approval of the plans by
OSHPD shall be deemed compliance with the plan approval process
required by the local county enforcement agency described in this
section.  
   (2) 
    (3)  Except when a determination is made by the
enforcement agency that the nonconforming structural conditions pose
a public health hazard, existing public and private school cafeterias
and licensed health care facilities shall be deemed to be in
compliance with this part pending replacement or renovation.
   (d) Except when a determination is made by the enforcement agency
that the nonconforming structural conditions pose a public health
hazard, existing food facilities that were in compliance with the law
in effect on June 30, 2007, shall be deemed to be in compliance with
the law pending replacement or renovation. If a determination is
made by the enforcement agency that a structural condition poses a
public health hazard, the food facility shall remedy the deficiency
to the satisfaction of the enforcement agency.
   (e) The plans shall be approved or rejected within 20 working days
after receipt by the enforcement agency and the applicant shall be
notified of the decision. Unless the plans are approved or rejected
within 20 working days, they shall be deemed approved. The building
department shall not issue a building permit for a food facility
until after it has received plan approval by the enforcement agency.
Nothing in this section shall require that plans or specifications be
prepared by someone other than the applicant.
   SEC. 4.    No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because the only 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.  
  SECTION 1.    Section 113714 is added to the
Health and Safety Code, to read:
   113714.  Notwithstanding any other provision of law, the Licensing
and Certification Division of the department shall have primary
responsibility for enforcement of this part for long-term health care
facilities, as defined in Section 1418. Notwithstanding Chapter 2.4
(commencing with Section 1417) of Division 2, a violation of this
part by a long-term health care facility shall only be subject to the
penalties described in this part.