BILL NUMBER: AB 1252 INTRODUCED
BILL TEXT
INTRODUCED BY Committee on Health (Pan (Chair), Logue (Vice Chair),
Ammiano, Chesbro, Gomez, Lowenthal, Mitchell, Nazarian, Nestande,
Wieckowski, and Wilk)
FEBRUARY 22, 2013
An act to amend Sections 113818, 113903, 113949.2, 113953.3,
113973, 114047, 114099.7, 114268, 114271, 114294, 114295, 114315,
114325, and 114335 of, and to add Sections 113806 and 113975 to, the
Health and Safety Code, relating to food safety.
LEGISLATIVE COUNSEL'S DIGEST
AB 1252, as introduced, Committee on Health. Retail food safety.
(1) Existing law, the California Retail Food Code, reestablishes
uniform health and sanitation standards for retail food facilities,
including mobile food facilities and temporary food facilities, by
the State Department of Public Health. Existing law provides that
local health agencies are primarily responsible for enforcing these
provisions. A person who violates any provision of the code is guilty
of a misdemeanor, except as otherwise provided.
(2) The code requires that all employees of food facilities
thoroughly wash their hands before engaging in food preparation and
before donning gloves for working with food. The code requires that
employees wear gloves when contacting food and food-contact surfaces
under certain conditions, including when they have cuts, sores, or
rashes. The code also requires owners of food facilities and others,
as specified, to require food employees to report to the person in
charge if a food employee has a lesion or wound that is open or
draining, as specified, unless the lesion is covered or protected.
This bill would, among other things, revise the code to require
handwashing when changing gloves, except as specified, and that
employees wear single-use gloves, as specified, when contacting food
and food-contact surfaces under the conditions described above. The
bill would prohibit an employee who has a wound, as specified, that
is open and draining from handling food, unless the wound is covered,
as specified. The bill would make conforming changes to the
reporting requirement described above.
(3) The code requires that a food facility be operated within 200
feet travel distance of an approved and readily available toilet and
handwashing facility.
This bill would require that the toilet and handwashing facility
also be nonresidential.
(4) The code requires that a mobile food facility have a water
heater with a minimum capacity of 3 gallons, except as specified.
This bill would increase the required minimum amount of capacity
for a water heater on a mobile food facility to 4 gallons, or, if the
facility only utilizes the water for handwashing purposes, require
only 1/2 gallon, except as specified. The bill would make other
changes relating to mobile food facilities.
(5) The code requires a food facility to prevent the entrance and
harborage of animals and prohibits a food employee from caring for or
handling animals that may be present. The code permits a food
employee with a service animal to handle or care for the service
animal if the employee washes his or her hands as required. The code
defines a service animal to mean a guide dog, signal dog, or other
animal individually trained to provide assistance to an individual
with a disability.
This bill would revise the definition of a "service animal" for
purposes of the code to mean a dog that is individually trained to do
work or perform tasks for the benefit of, and directly related to,
an individual with a disability. The definition would specifically
exclude other species of animals, as specified.
The bill would also define a "hot dog" for purposes of the code
and would make a clarifying change to the definition of "limited food
preparation."
(6) By revising the standards that must be enforced by local
health agencies and by expanding the scope of existing crimes, the
bill would impose a state-mandated local program.
(7) 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 with regard to certain mandates no
reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 113806 is added to the Health and Safety Code,
to read:
113806. "Hot dog" means a whole, cured, cooked sausage that is
skinless or stuffed in a casing, that may be known as a frankfurter,
frank, furter, wiener, red hot, vienna, bologna, garlic bologna, or
knockwurst, and that may be served in a bun or roll.
SEC. 2. Section 113818 of the Health and Safety Code is amended to
read:
113818. (a) "Limited food preparation" means food preparation
that is restricted to one or more of the following:
(1) Heating, frying, baking, roasting, popping, shaving of ice,
blending, steaming or boiling of hot dogs, or assembly of
nonprepackaged food.
(2) Dispensing and portioning of nonpotentially hazardous food.
(3) Holding, portioning, and dispensing of any foods that are
prepared for satellite food service by the onsite permanent food
facility or prepackaged by another approved source.
(4) Slicing and chopping of food on a heated cooking surface
during the cooking process.
(5) Cooking and seasoning to order.
(6) Preparing beverages that are for immediate service, in
response to an individual consumer order, that do not contain frozen
milk products.
(b) "Limited food preparation" does not include any of the
following:
(1) Slicing and chopping unless it is on the heated cooking
surface.
(2) Thawing.
(3) Cooling of cooked, potentially hazardous food.
(4) Grinding raw ingredients or potentially hazardous food.
(5) Reheating of potentially hazardous foods for hot holding,
except for steamed or boiled hot dogs and tamales in the original,
inedible wrapper.
(6) Hot Except as authorized in paragraph
(3) of subdivision (a), hot holding of nonprepackaged,
potentially hazardous food, except for roasting corn on the cob
roasting corn on the cob , steamed or boiled hot
dogs, and tamales in the original, inedible wrapper.
(7) Washing of foods.
(8) Cooking of potentially hazardous foods for later use.
SEC. 3. Section 113903 of the Health and Safety Code is amended to
read:
113903. (a) "Service animal" means
an animal such as a guide dog, signal dog, or other animal
individually trained to provide assistance to an individual with a
disability any dog that is individually trained to do
work or perform tasks for the benefit of an individual with a
disability, including a physical, sensory, psychiatric, intellectual,
or other mental disability. "Service animal" does not include any
other species of animals, whether wild or domestic,
trained or untrained .
(b) The work or tasks performed by a service animal shall be
directly related to the individual's disability. Examples of work or
tasks include, but are not limited to, assisting individuals who are
blind or have low vision with navigation and other tasks, alerting
individuals who are deaf or hard of hearing to the presence of people
or sounds, providing nonviolent protection or rescue work, pulling a
wheelchair, assisting an individual during a seizure, alerting
individuals to the presence of allergens, retrieving items such as
medicine or the telephone, providing physical support and assistance
with balance and stability to individuals with mobility disabilities,
and helping persons with psychiatric and neurological disabilities
by preventing or interrupting impulsive or destructive behaviors. The
crime deterrent effects of an animal's presence and the provision of
emotional support, well-being, comfort, or companionship do not
constitute work or tasks for the purposes of this subdivision.
SEC. 4. Section 113949.2 of the Health and Safety Code is amended
to read:
113949.2. The owner who has a food safety certificate issued
pursuant to Section 113947.1 or the food employee who has this food
safety certificate shall instruct all food employees regarding the
relationship between personal hygiene and food safety, including the
association of hand contact, personal habits and behaviors, and food
employee health to foodborne illness. The owner or food safety
certified employee shall require food employees to report the
following to the person in charge:
(a) If a food employee is diagnosed with an illness due to one of
the following:
(1) Salmonella typhi.
(2) Salmonella spp.
(3) Shigella spp.
(4) Entamoeba histolytica.
(5) Enterohemorrhagic or shiga toxin producing Escherichia coli.
(6) Hepatitis A virus.
(7) Norovirus.
(b) If a food employee has a lesion or wound
that is open or draining and is one of the
following:
(1) On the hands or wrists, unless an impermeable cover such as a
finger cot or stall protects the lesion wound
and a single-use glove is worn over the impermeable cover.
(2) On exposed portions of the arms, unless the lesion
wound is protected by an impermeable cover.
(3) On other parts of the body, unless the lesion
wound is covered by a dry, durable,
tight-fitting bandage.
SEC. 5. Section 113953.3 of the Health and Safety Code is amended
to read:
113953.3. (a) Except as specified in subdivision (b), all
employees shall thoroughly wash their hands and that portion, if any,
of their arms exposed to direct food contact with cleanser and warm
water by vigorously rubbing together the surfaces of their lathered
hands and arms for at least 10 to 15 seconds and thoroughly rinsing
with clean running water followed by drying of cleaned hands and that
portion, if any, of their arms exposed. Employees shall pay
particular attention to the areas underneath the fingernails and
between the fingers. Employees shall wash their hands in all of the
following instances:
(1) Immediately before engaging in food preparation, including
working with nonprepackaged food, clean equipment and utensils, and
unwrapped single-use food containers and utensils.
(2) After touching bare human body parts other than clean hands
and clean, exposed portions of arms.
(3) After using the toilet room.
(4) After caring for or handling any animal allowed in a food
facility pursuant to this part.
(5) After coughing, sneezing, using a handkerchief or disposable
tissue, using tobacco, eating, or drinking.
(6) After handling soiled equipment or utensils.
(7) During food preparation, as often as necessary to remove soil
and contamination and to prevent cross-contamination when changing
tasks.
(8) When switching between working with raw food and working with
ready-to-eat food.
(9) Before initially donning gloves for working with
food and when changing gloves as required in Section 113973.
Handwashing is not required between glove changes when no
contamination of the gloves or hands has occurred .
(10) Before dispensing or serving food or handling clean tableware
and serving utensils in the food service area.
(11) After engaging in other activities that contaminate the
hands.
(b) If approved and capable of removing the types of soils
encountered in the food operations involved, an automatic handwashing
facility may be used by food employees to clean their hands.
SEC. 6. Section 113973 of the Health and Safety Code is amended to
read:
113973. (a) Gloves Single-use gloves
shall be worn when contacting food and food-contact surfaces if
the employee has any cuts, sores, rashes, artificial nails, nail
polish, rings (other than a plain ring, such as a wedding band),
uncleanable orthopedic support devices, or fingernails that are not
clean, smooth, or neatly trimmed.
(b) Whenever gloves are worn, they shall be changed, replaced, or
washed as often as handwashing is required by this part.
Single-use gloves shall not be washed.
(c) If used, single-use gloves shall be used for only one task,
such as working with ready-to-eat food or with raw food of animal
origin, used for no other purpose, and shall be discarded when
damaged or soiled, or when interruptions in the food handling occur.
(d) Except as specified in subdivision (e), slash-resistant gloves
that are used to protect the hands during operations requiring
cutting shall be used only with food that is subsequently cooked as
specified in Section 114004, such as frozen food or a primal cut of
meat.
(e) Slash-resistant gloves may be used with ready-to-eat food that
will not be subsequently cooked if the slash-resistant gloves have a
smooth, durable, and nonabsorbent outer surface or if the
slash-resistant gloves are covered with a smooth, durable,
nonabsorbent glove, or a single-use glove.
(f) Cloth gloves may not be used in direct contact with food
unless the food is subsequently cooked.
SEC. 7. Section 113975 is added to the Health and Safety Code, to
read:
113975. (a) Except as provided in subdivision (b), an employee
who has a wound that is open or draining shall not handle food.
(b) A food employee who has a wound is restricted from food
handling unless the food employee complies with all of the following:
(1) If the wound is located on the hand or wrist, an impermeable
cover, such as a finger cot or stall, shall protect the wound. A
single-use glove shall be worn over the impermeable cover.
(2) If the wound is located on exposed portions of the arms, an
impermeable cover shall protect the wound.
(3) If the wound is located on other parts of the body, a dry,
durable, tight-fitting bandage shall cover the wound.
(4) For purposes of this section, a wound also includes a cut,
sore, rash, or lesion.
SEC. 8. Section 114047 of the Health and Safety Code is amended to
read:
114047. (a) Adequate and suitable space shall be provided for the
storage of food.
(b) Except as specified in subdivisions (c) and
, (d), and (e), food shall be protected from
contamination by storing the food in a clean, dry location, where it
is not exposed to splash, dust, vermin, or other forms of
contamination or adulteration, and at least six inches above the
floor.
(c) Food in packages and working containers may be stored less
than six inches above the floor on case lot handling equipment as
specified under Section 114165.
(d) Pressurized beverage containers, cased food in waterproof
containers such as bottles or cans, and milk containers in plastic
crates may be stored on a floor that is clean and not exposed to
moisture.
(e) Temporary alternate food storage methods and locations may be
approved by the local enforcement agency.
SEC. 9. Section 114099.7 of the Health and Safety Code is amended
to read:
114099.7. Mechanical sanitization shall be accomplished in the
final sanitizing rinse by one of the following:
(a) By being cycled through equipment that is used in accordance
with the manufacturer's specifications and achieving a utensil
surface temperature of 160 F as measured by an irreversible
registering temperature indicator.
(b) The mechanical application of sanitizing chemicals by pressure
spraying methods using one of the following solutions:
(1) Contact with a solution of 50 ppm available chlorine for at
least 30 seconds.
(2) Contact with a solution of 25 ppm available iodine for at
least one minute.
(3) Contact with any chemical sanitizer that meets the
requirements of Section 180.940 of Title 40 of the Code of Federal
Regulations when used in accordance with the following:
(A) The sanitizer manufacturer's use directions as specified on
the product label.
(B) The machine manufacturer's specifications as provided in the
manufacturer's operating instructions.
(c) After being cleaned and sanitized, equipment and utensils
shall not be rinsed before air drying or use unless:
(1) The rinse is applied directly from a potable water supply by a
warewashing machine that meets the requirements of subdivision (b)
of Section 114130 and is maintained and operated in accordance with
the manufacturer's specifications.
(2) The rinse is applied only after the equipment and utensils
have been sanitized by the application of hot water or by the
application of a chemical sanitizer solution whose United States
Environmental Protection Agency-registered, label use instructions
require rinsing off the sanitizer after it is applied in an approved
commercial warewashing machine.
SEC. 10. Section 114268 of the Health and Safety Code is amended
to read:
114268. (a) Except in sales areas and as otherwise specified in
subdivision (d), the floor surfaces in all areas in which food is
prepared, prepackaged, or stored, where any utensil is washed, where
refuse or garbage is stored, where janitorial facilities are located
in all toilet and handwashing areas, except with respect to areas
relating to guestroom accommodations and the private accommodations
of owners and operators in restricted food service facilities,
and in employee change and storage areas shall be
smooth and of durable construction and nonabsorbent material that is
easily cleanable.
(b) Floor surfaces shall be coved at the juncture of the floor and
wall with a 3/8 inch minimum radius coving and shall extend up the
wall at least 4 inches, except in areas where food is stored only in
unopened bottles, cans, cartons, sacks, or other original shipping
containers.
(c) Public or private schools constructed or remodeled after the
effective date of this part shall comply with subdivision (b). Public
and private schools constructed before the effective date of this
part need not comply with subdivision (b), provided that the existing
floor surfaces are maintained in good repair and in a sanitary
condition.
(d) Except for dining and serving areas, the use of sawdust, wood
shavings, peanut hulls, or similar materials is prohibited.
(e) This section shall not prohibit the use of approved
dust-arresting floor sweeping and cleaning compounds during floor
cleaning operations or the use of antislip floor finishes or
materials in areas where necessary for safety reasons.
SEC. 11. Section 114271 of the Health and Safety Code is amended
to read:
114271. (a) Except as provided in subdivision (b), the walls and
ceilings of all rooms shall be of a durable, smooth, nonabsorbent,
and easily cleanable surface.
(b) This section shall not apply to any of the following areas:
(1) Walls and ceilings of bar areas in which alcoholic beverages
are sold or served directly to the consumers, except wall areas
adjacent to bar sinks and areas where food is prepared.
(2) Areas where food is stored only in unopened bottles, cans,
cartons, sacks, or other original shipping containers.
(3) Dining and sales areas.
(4) Offices.
(5) Restrooms that are used exclusively by the consumers, except
that the walls and ceilings in the restrooms shall be of a
nonabsorbent and washable surface.
(6) Dressing rooms, dressing areas, or locker areas.
(c) Acoustical paneling may be utilized if it is installed not
less than six feet above the floor. The paneling shall meet the other
requirements of this section.
(d) Conduits of all types shall be installed within walls as
practicable. When otherwise installed, they shall be mounted or
enclosed so as to facilitate cleaning.
(e) Attachments to walls and ceilings, such as light fixtures,
mechanical room ventilation system components, vent covers, wall
mounted fans, decorative items, and other attachments, shall be
easily cleanable.
SEC. 12. Section 114294 of the Health and Safety Code is amended
to read:
114294. (a) All mobile food facilities and mobile support units
shall meet the applicable requirements in Chapters 1 to 8
Chapter 1 (commencing with Section 113700) to Chapter
8 (commencing with Section 114250) , inclusive, and
Chapter 13 12.6 (commencing with
Section 114377), and Chapter 13 (commencing with Section 114380)
, unless specifically exempted from any of these provisions as
provided in this chapter.
(b) The enforcement agency shall initially approve all mobile food
facilities and mobile support units as complying with the provisions
of this chapter and may require reapproval if deemed necessary.
(c) Each mobile food facility that is either a special purpose
commercial modular and coach as defined by Section 18012.5 or a
commercial modular coach as defined by Section 18001.8 shall be
certified by the Department of Housing and Community Development,
consistent with Chapter 4 (commencing with Section 18025) of Part 2
of Division 13, and regulations promulgated pursuant to that chapter.
In addition, the enforcement agency shall approve all equipment
installation prior to operation.
SEC. 13. Section 114295 of the Health and Safety Code is amended
to read:
114295. (a) Except as specified in subdivision (b), all mobile
food facilities shall operate in conjunction with a commissary,
mobile support unit, or other facility approved by the enforcement
agency.
(b) This section does not apply to mobile food facilities that
operate at community events as defined in Section 113755 and that
remain in a fixed position during food preparation and its hours of
operation , if potable water and liquid waste disposal
facilities are available to mobile food facilities requiring potable
water .
(c) Mobile food facilities shall be stored at or within a
commissary or other location approved by the enforcement agency in
order to have protection from unsanitary conditions.
(d) Mobile support units shall be operated from and stored at a
designated commissary and shall be subject to permitting and plan
review.
(e) Notwithstanding any other provisions of this section, a mobile
food facility that is engaged in food preparation, other than
limited food preparation, as defined in Section 113818, shall not
operate in conjunction with a mobile support unit.
SEC. 14. Section 114315 of the Health and Safety Code is amended
to read:
114315. (a) A food facility shall be operated within 200 feet
travel distance of an approved nonresidential and readily
available toilet and handwashing facility, or as otherwise approved
by the enforcement agency, to ensure that restroom facilities are
available to facility employees whenever the mobile food facility is
stopped to conduct business for more than a one-hour period.
(b) This section does not limit the authority of a local governing
body to adopt, by ordinance or resolution, additional requirements
for the public safety, including reasonable time, place, and manner
restrictions pursuant to its authority under subdivision (b) of
Section 22455 of the Vehicle Code.
SEC. 15. Section 114325 of the Health and Safety Code is amended
to read:
114325. (a) Except on a mobile food facility that only utilizes
the water for handwashing purposes, a water heater or an
instantaneous heater capable of heating water to a minimum of 120 F,
interconnected with a potable water supply, shall be provided and
shall operate independently of the vehicle engine. On a mobile food
facility that only utilizes the water for handwashing purposes, a
minimum one-half gallon -capacity
water heater or an instantaneous water heater capable of heating
water to a minimum of 100 F, interconnected with a potable water
supply, shall be provided and shall operate independently of the
vehicle engine.
(b) (1) Except as
specified in paragraph (2), a A water heater
with a minimum capacity of three four
gallons shall be provided for mobile food facilities that have a
warewashing sink .
(2) A minimum water heater capacity of one-half gallon shall be
provided for mobile food facilities approved for limited food
preparation.
(c) A mobile food facility equipped with a three-gallon-capacity
water heater that is in compliance with this section on January 1,
2014, is in compliance with this section after that date.
SEC. 16. Section 114335 of the Health and Safety Code is amended
to read:
114335. (a) Temporary food facilities that operate at a swap meet
are limited to only prepackaged nonpotentially hazardous food and
whole uncut produce, and shall meet the applicable requirements in
Chapters 1 to 8 Chapter 1 (commencing with
Section 113700) to Chapter 8 (commencing with Section 114250) ,
inclusive, and Chapter 13
12.6 (commencing with Section 114377), and Chapter 13
(commencing with Section 114380) , unless specifically exempted
from any of these provisions.
(b) Temporary food facilities that operate at a community event
shall meet the applicable requirements in Chapters 1 to 8
Chapter 1 (commencing with Section 113700) to Chapter
8 (commencing with Section 114250) , inclusive, and
Chapter 13 12.6 (commencing with
Section 114377), and Chapter 13 (commencing with Section 114380)
, unless specifically exempted from any of these provisions.
(c) Food facility requirements shall be determined by the
enforcement agency based on the food service activity to be
conducted, the type of food that is to be prepared or served, the
length of the event, and the extent of food preparation that is to be
conducted at a community event within a temporary food facility.
(d) Notwithstanding subdivision (a), the enforcement agency may
allow temporary food facilities at a swap meet, depending on the food
service activity to be conducted, the type of food that is to be
prepared or served, the duration of the swap meet, and the extent of
food preparation that is to be conducted at the swap meet.
SEC. 17. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution for
certain costs that may be incurred by a local agency or school
district because, in that regard, 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.
However, if the Commission on State Mandates determines that this
act contains other 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.