BILL ANALYSIS Ó
SENATE COMMITTEE ON HEALTH
Senator Ed Hernandez, O.D., Chair
BILL NO: SB 1465
AUTHOR: Yee
AMENDED: August 21, 2012
HEARING DATE: August 29, 2012
CONSULTANT: Nguyen
PURSUANT TO SENATE RULE 29.10
SUBJECT : Food safety: Asian rice-based noodles.
SUMMARY : Modifies the definition of Asian rice-based noodles to
include optional ingredients to modify the pH or water activity
or to provide a preservative effect, and revises labeling
requirements in existing law.
Existing law:
1.Establishes the California Retail Food Code (CalCode) which
establishes health and sanitation standards for retail food
facilities, as defined. Makes the Department of Public Health
(DPH) responsible for the adoption of regulations to implement
and administer CalCode, and vests local enforcement agencies
with primary responsibility for enforcement of CalCode.
2.Defines an "Asian rice-based noodle" as a confection that
contains rice powder, water, wheat starch, and vegetable
cooking oil. Prohibits ingredients from including any animal
fats or any other products derived from animals. Specifies
that Asian rice-based noodles are prepared by using a
traditional method that includes cooking by steaming at not
less than 130 degrees Fahrenheit, for not less than four
minutes.
3.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 four hours of manufacture. Prohibits the sale of Asian
rice-based noodles unless they have this labeling.
4.Defines a "potentially hazardous food" (PHF) as a food that
requires time or temperature control to limit pathogenic
micro-organism growth or toxin formation, as specified; and
excludes from the definition of PHF a food with a pH level of
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SB 1465 | Page 2
4.6 or below, when measured at 75 degrees Fahrenheit, and a
food that does not support the rapid and progressive growth of
infectious or toxigenic micro-organisms, as specified.
5.Requires manufacturers of Asian rice-based noodles to label
the noodles to indicate the date and time of manufacture and
include a statement that the noodles are perishable and must
be consumed within four hours of manufacture.
6.Authorizes the sale of Asian rice-based noodles, as defined,
that have been at room temperature for no more than four
hours, and requires that Asian rice-based noodles that have
been kept at room temperature be consumed, cooked, or
destroyed within four hours of manufacture.
This bill:
1.Modifies the definition of "Asian rice-based noodle" to
include optional ingredients to modify the pH or water
activity or to provide a preservative effect.
2.Revises the label required in existing law to indicate the
date and time that the noodles first came out of hot holding
at temperatures above 135 degrees Fahrenheit, and deletes the
requirement that the label include the statement that the
noodles must be consumed within four hours of manufacture.
3.Requires the product packaging to only be labeled once.
4.Requires Asian rice-based noodles that have been kept at room
temperature to be consumed or cooked within four hours of the
date and time labeled on the product. Requires these noodles
to be segregated for destruction from other Asian rice-based
noodles in a manner approved by the local environmental health
department after the four hour period has expired.
5.Exempts Asian rice-based noodles that have a pH of 4.6 or
below, a water or activity of 0.85 or below, or have been
determined by DPH to be nonpotentially hazardous foods based
on formulation and supporting laboratory documentation
submitted to DPH by the manufacturer.
FISCAL EFFECT : According to Assembly Appropriations Committee
analysis, there are no significant costs associated with this
legislation.
PRIOR VOTES :
SB 1465 | Page
3
Assembly Health: 16- 1
Assembly Appropriations:12- 5
Assembly Floor: 67- 9
COMMENTS :
1.Author's statement. This bill is a follow-up to SB 888 (Yee),
Chapter 508, Statutes of 2010, which allows the sale of Asian
rice-based noodles for up to four hours when kept at room
temperature. SB 1465 will add a provision to existing law that
will allow the sale of the noodle beyond four hours, with the
addition of a food additive, including, but not limited to,
sodium acid sulfate, and maintains a pH of 4.6 or below, and a
water activity of 0.85 or below. Even with the new product
formulation, the noodle is a non-potentially hazardous food
and can be kept at room temperature for more than four hours.
2.Prior legislation. SB 888 establishes a maximum four-hour
shelf life for keeping Asian rice-based noodles at room
temperature and requires manufacturers to label the product
with the date and time of manufacture and a statement
requiring the noodles to be consumed within four hours of
manufacture.
AB 2214 (Tran), Chapter 160, Statutes of 2006, directs DPH to
conduct a study of the sale and consumption of three
traditional Asian foods, Banh Tet, Banh Chung, and Moon Cakes,
after enforcement actions by local jurisdictions to require
refrigeration of these products resulted in complaints from
the manufacturers and the community that the products are
unpalatable after refrigeration.
AB 2763 (Diaz) of 2004 would have allowed temporary food
facilities to maintain sushi, teriyaki chicken, and Japanese
sweet cakes at room temperature for up to 24 hours, and would
have required these foods to be labeled with the time of
manufacture. This bill failed passage in the Senate Health
and Human Services Committee.
AB 187 (Liu), Chapter 204, Statutes of 2001, authorizes the
sale of Korean rice cakes that have been at room temperature
for no more than 24 hours.
3.Support. Supporters contend that the four-hour timeframe set
by SB 888 creates problems for manufacturers in Southern
California because they transport their product to various
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buyers throughout the region. In order to extend the shelf
life of the product, some manufacturers add sodium acid
sulfate, a chemical food additive, to the product for
preservation. As a result, the author argues that this bill is
needed to clarify that Asian rice-based noodles formulated
with sodium acid sulfate, or another non animal-based
ingredient, that maintain the noodles at a pH level of below
4.6 are not considered a potentially hazardous food and
therefore should not be subject to the four-hour limitation.
SUPPORT AND OPPOSITION :
Support: American Chinese Cultural Exchange & Trading
Association
American Chinese Restaurant Association
Delicious Food Corner
Dragon City Inc.
Kun Wo Food Products Co.
Southern California Chinese Noodle Manufacturers
Coalition
Super King Inc.
Vietnamese Chinese Mutual Aid and Friendship
Association of Oakland
Zen Peninsula
Oppose: None received.
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