BILL NUMBER: AB 2297	CHAPTERED
	BILL TEXT

	CHAPTER  725
	FILED WITH SECRETARY OF STATE  SEPTEMBER 28, 2012
	APPROVED BY GOVERNOR  SEPTEMBER 28, 2012
	PASSED THE SENATE  AUGUST 29, 2012
	PASSED THE ASSEMBLY  AUGUST 30, 2012
	AMENDED IN SENATE  AUGUST 24, 2012
	AMENDED IN ASSEMBLY  MAY 15, 2012
	AMENDED IN ASSEMBLY  APRIL 24, 2012
	AMENDED IN ASSEMBLY  APRIL 11, 2012

INTRODUCED BY   Assembly Member Hayashi

                        FEBRUARY 24, 2012

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


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2297, Hayashi. California Retail Food Code: 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, with a capacity of 6 beds or fewer. 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.
   This bill would incorporate additional changes in Section 113789
of the Health and Safety Code, proposed by AB 1616, to be operative
only if AB 1616 and this bill are both chaptered and become effective
January 1, 2013, and this bill is chaptered last.
   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.


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
Building 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, except as provided in
paragraph (13) of subdivision (c).
   (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, with a capacity of six beds or fewer.
   (B) 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. 2.5.  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, except as provided in
paragraph (13) of subdivision (c).
   (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, including a cottage food operation that is
registered or has a permit pursuant to Section 114365.
   (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, with a capacity of six beds or fewer.
   (B) 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.
   (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.  Section 2.5 of this bill incorporates amendments to
Section 113789 of the Health and Safety Code proposed by both this
bill and Assembly Bill 1616. It shall only become operative if (1)
both bills are enacted and become effective on or before January 1,
2013, (2) each bill amends Section 113789 of the Health and Safety
Code, and (3) this bill is enacted after Assembly Bill 1616, in which
case Section 2 of this bill shall not become operative.
  SEC. 5.  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.