BILL NUMBER: SB 1465 CHAPTERED
BILL TEXT
CHAPTER 658
FILED WITH SECRETARY OF STATE SEPTEMBER 27, 2012
APPROVED BY GOVERNOR SEPTEMBER 27, 2012
PASSED THE SENATE AUGUST 30, 2012
PASSED THE ASSEMBLY AUGUST 23, 2012
AMENDED IN ASSEMBLY AUGUST 21, 2012
AMENDED IN ASSEMBLY AUGUST 13, 2012
AMENDED IN ASSEMBLY AUGUST 6, 2012
AMENDED IN ASSEMBLY JUNE 27, 2012
AMENDED IN ASSEMBLY JUNE 11, 2012
AMENDED IN SENATE MAY 29, 2012
AMENDED IN SENATE MAY 9, 2012
AMENDED IN SENATE MAY 1, 2012
AMENDED IN SENATE APRIL 18, 2012
AMENDED IN SENATE APRIL 9, 2012
INTRODUCED BY Senator Yee
(Coauthor: Assembly Member Ammiano)
FEBRUARY 24, 2012
An act to amend Sections 111222, 111223, and 114429.5 of the
Health and Safety Code, relating to food safety.
LEGISLATIVE COUNSEL'S DIGEST
SB 1465, Yee. Food safety: Asian rice-based noodles.
Existing law, the Sherman Food, Drug, and Cosmetic Law, requires
all manufacturers of Asian rice-based noodles to place labels on the
Asian rice-based noodles that indicate the date and time of
manufacture and include a warning that the Asian rice-based noodles
are perishable and must be consumed within 4 hours of manufacture.
Existing law prohibits the sale of Asian rice-based noodles unless
they have this labeling.
Existing law, the California Retail Food Code, establishes uniform
health and sanitation standards for retail food facilities, as
defined. The law requires the State Department of Public Health to
adopt regulations to implement and administer those provisions, and
delegates primary enforcement duties to local health agencies.
This bill would revise the definition of Asian rice-based noodles,
as specified, and require the labels to instead indicate the date
and time that the Asian rice-based noodles first came out of hot
holding, as specified. This bill would exempt Asian rice-based
noodles from these labeling requirements if the Asian rice-based
noodles meet specific criteria.
Existing law authorizes the sale of Asian rice-based noodles, as
defined, that have been at room temperature for no more than 4 hours,
and requires that Asian rice-based noodles that have been kept at
room temperature be consumed, cooked, or destroyed within 4 hours of
manufacture.
This bill would require Asian rice-based noodles kept at room
temperature to be segregated for destruction after 4 hours of the
date and time labeled on the product. This bill would exempt Asian
rice-based noodles from the above-described time-temperature
requirements if the Asian rice-based noodles meet specific criteria.
By imposing new enforcement duties upon local agencies, this bill
would impose a state-mandated local program.
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, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 111222 of the Health and Safety Code is amended
to read:
111222. For purposes of this article the following definitions
shall apply:
(a) "Asian rice-based noodle" is defined as a rice-based pasta
that contains rice powder, water, wheat starch, vegetable cooking
oil, and optional ingredients to modify the pH or water activity, or
to provide a preservative effect. The ingredients shall not include
any animal fats or any other products derived from animals. An Asian
rice-based noodle is prepared by using a traditional method that
includes cooking by steaming at not less than 130 degrees Fahrenheit,
for not less than four minutes.
(b) "Korean rice cake" is defined as a confection that contains
rice powder, salt, sugar, various edible seeds, oil, dried beans,
nuts, dried fruits, and dried pumpkin. The ingredients may not
include any animal fats or any other products derived from animals. A
Korean rice cake is prepared by using a traditional Korean method
that includes cooking by steaming at not less than 275 degrees
Fahrenheit, for not less than five minutes, nor more than 15 minutes.
SEC. 2. Section 111223 of the Health and Safety Code is amended to
read:
111223. (a) (1) All manufacturers of Asian rice-based noodles
shall place a label on the packaging of Asian rice-based noodles that
indicates the date and time that the product first came out of hot
holding at temperatures above 135 degrees Fahrenheit and includes a
statement that the Asian rice-based noodles are perishable.
(2) The product packaging shall only be labeled once.
(3) Notwithstanding paragraphs (1) and (2), this section shall
not apply to Asian rice-based noodles that have a pH of 4.6 or below,
have a water activity of 0.85 or below, or have been determined by
the department to be nonpotentially hazardous foods based on
formulation and supporting laboratory documentation submitted to the
department by the manufacturer.
(b) All manufacturers of Korean rice cakes shall place a label
issued by the Korean Rice Cake Association Corporation on the Korean
rice cake that indicates the date of manufacture. The Korean rice
cakes label shall include a statement that the rice cake must be
consumed within one day of manufacture.
SEC. 3. Section 114429.5 of the Health and Safety Code is amended
to read:
114429.5. (a) Notwithstanding Sections 113996 and 114343, and if
permitted by federal law, a food facility may sell Asian rice-based
noodles that have been kept at room temperature for no more than four
hours.
(b) Asian rice-based noodles that have been kept at room
temperature shall be consumed or cooked within four hours of the date
and time labeled on the product. Asian rice-based noodles that have
been kept at room temperature shall be segregated for destruction
from other Asian rice-based noodles in a manner approved by the local
enforcement agency after four hours of the date and time labeled on
the product.
(c) At the end of the operating day, Asian rice-based noodles that
have been kept at room temperature for more than four hours shall be
destroyed in a manner approved by the local enforcement agency.
(d) (1) For purposes of this section, an "Asian rice-based noodle"
means a rice-based pasta that contains rice powder, water, wheat
starch, vegetable cooking oil, and optional ingredients to modify the
pH or water activity, or to provide a preservative effect. The
ingredients shall not include any animal fats or any other products
derived from animals. An Asian rice-based noodle is prepared by using
a traditional method that includes cooking by steaming at not less
than 130 degrees Fahrenheit, for not less than four minutes.
(2) If the Asian rice-based noodles maintain a pH of not more than
4.6, as measured at a temperature of 76 degrees Fahrenheit, a water
activity of 0.85 or below, or have been determined by the department
to be a nonpotentially hazardous food based on formulation and
supporting laboratory documentation submitted to the department by
the manufacturer, the restrictions provided in subdivisions (a) to
(c), inclusive, shall not apply to the Asian rice-based noodles.
SEC. 4. If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.