BILL ANALYSIS                                                                                                                                                                                                    Ó


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                                    THIRD READING

          Bill No:  AB 1252
          Author:   Assembly Health Committee
          Amended:  7/2/13 in Senate
          Vote:     21

           SENATE HEALTH COMMITTEE  :  9-0, 6/26/13
          AYES:  Hernandez, Anderson, Beall, De León, DeSaulnier, Monning,  
            Nielsen, Pavley, Wolk

           SENATE APPROPRIATIONS COMMITTEE  :  Senate Rule 28.8

           ASSEMBLY FLOOR  :  76-0, 4/25/13 (Consent) - See last page for  

           SUBJECT  :    Retail food safety

           SOURCE  :     California Retail Food Safety Coalition

           DIGEST  :    This bill makes numerous technical, clarifying and  
          conforming changes to the California Retail Food Code.

           ANALYSIS  :    

          Existing law:

          1.Establishes the California Retail Food Code (Food Code) to  
            regulate retail food safety, which is enforced by local  
            environmental health officers.

          2.Establishes, within the Food Code, provisions of law governing  


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            "cottage food operations," which are defined, in part, as  
            having less than $35,000 in gross annual sales in 2013, rising  
            to $50,000 in 2015 and thereafter.  Defines a "Class A"  
            cottage food operation as only engaging in direct sales, and  
            "Class B" as engaging in either direct or indirect sales, such  
            as from third-party retail food facilities.

          3.Includes the steaming or boiling of hot dogs in the definition  
            of "limited food preparation," which does not have to meet all  
            of the requirements of the Food Code.

          4.Requires food employees to minimize bare hand and arm contact  
            with non-prepackaged food that is in a ready-to-eat form,  
            which is defined as food that is edible without additional  
            preparation to achieve food safety.

          This bill:

          1.Defines "highly susceptible population" to mean a group of  
            persons who are more likely than other people in the general  
            population to experience foodborne disease because both of the  
            following conditions exist:

             A.   The group is comprised of immunocompromised persons,  
               preschool age children, or older adults;

             B.   The group obtains food at a facility, including, but not  
               limited to, a child or adult day care center, kidney  
               dialysis center, hospital, nursing home, or senior center,  
               that provides services, such as custodial care, health  
               care, assisted living, or socialization services.

          1.Defines "hot dog," for purposes of the Food Code, as 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.

          2.Revises the definition of a "service animal," for purposes of  
            the Food Code, to limit it to only dogs, and excludes any  
            other species of animals.

          3.Requires the work or tasks performed by a service animal, for  
            purposes of the Food Code, to be directly related to the  



                                                                    AB 1252

            individual's disability, as specified, and specifies that the  
            crime deterrent effects of an animal's presence or the  
            provision of emotional support, well-being, comfort, or  
            companionship do not constitute work or tasks for purposes of  
            the Food Code.

          4.Deletes a requirement that a lesion or wound be open or  
            draining before triggering certain specified reporting  
            requirements, and instead prohibits an employee with a wound  
            that is open or draining from handling food.

          5.Specifies that a food employee who has a wound, which is  
            defined as a cut, sore, rash or lesion, is restricted from  
            food handling unless the food employee complies with all of  
            the following:

             A.   If the wound is located on the hand or wrist, an  
               impermeable cover, such as a finger cot or stall, is  
               protecting the wound, with a single-use glove worn over the  
               impermeable cover;

             B.   If the wound is located on exposed portions of the arms,  
               an impermeable cover protects the wound; and,

             C.   If the wound is located on other parts of the body, a  
               dry, durable, tight-fitting bandage covers the wound.

          1.Clarifies that hand-washing is only required prior to  
            initially donning gloves for working with food, and not  
            between glove changes when no contamination of the gloves or  
            hands has occurred.

          2.Repeals requirements that food employees minimize bare hand  
            and arm contact with non-prepackaged food that is in a  
            ready-to-eat-form and instead requires food employees to  
            minimize bard hand and arm contact with exposed food that is  
            not in a ready-to-eat form. 

          3.Repeals the provision that permits food employees to assemble  
            or place on tableware or in other containers ready-to-eat food  
            in an approved food preparation area without using utensils if  
            hands are cleaned. 

           4. Permits food employees to contact exposed, ready-to-eat food  



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             with bare hands at the time the ready-to-eat food is being  
             added as an ingredient to a food that is going to be cooked  
             to specified temperatures.

           5. Permits food employees not serving a highly susceptible  
             population to contact exposed, ready-to-eat food with their  
             bare hands if specified requirements are met, including the  

             A.   The retail food facility permit holder obtains prior  
               approval from the regulatory authority;

             B.   Written procedures are maintained in the food facility  
               that include a list of the specific ready-to-eat foods that  
               are touched by bare hands, and diagrams and other  
               information showing that hand-washing facilities are in an  
               easily accessible location and in close proximity to the  
               work station where the bare hand contact procedures is  
               being conducted;

             C.   A written employee health policy that details the manner  
               in which the food facility complies with specified  
               provisions of law, including provisions requiring employees  
               to report to their managers about their health as it  
               relates to gastrointestinal symptoms and diseases that are  
               transmittable through food;

             D.   Documentation that food employees have received  
               training, as specified, including proper hand-washing  
               techniques, good hygienic practices, and the risks of  
               contacting the specific ready-to-eat foods with bare hands;  

             E.   Documentation that food employees contacting  
               ready-to-eat foods with bare hands use two or more of the  
               following control measures: double hand-washing, nail  
               brushes, a hand antiseptic after hand-washing, or incentive  
               programs such as paid sick leave to encourage food  
               employees not to report to work if they are ill.

           1. Permits temporary alternative food storage methods and  
             locations to be approved by the local enforcement agency.

           2. Prohibits equipment and utensils, after they have been  



                                                                    AB 1252

             cleaned and sanitized, from being rinsed before air drying or  
             use unless the rinse is applied directly from a potable water  
             supply by a ware-washing machine that meets specified  
             requirements, or 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  
             whose instructions requiring rinsing off the sanitizer after  
             it is applied.

           3. Exempts employee dressing and locker areas from requirements  
             that floors, walls and ceilings be smooth and of durable  
             construction and non-absorbent material that is easily  

           4. Clarifies that existing law prohibiting the use of  
             artificial trans-fats applies to mobile food facilities and  
             mobile support units, and to temporary food facilities.

           5. Requires potable water and liquid waste disposal facilities  
             to be available to mobile food facilities requiring potable  
             water in order for mobile food facilities that are operating  
             at community events, to be exempt from operating in  
             conjunction with a commissary or mobile support unit.

           6. Increases the minimum capacity of water heaters required for  
             mobile food facilities from three gallons to four gallons for  
             facilities that have a ware-washing sink, but grandfathers in  
             existing three gallon water tanks.

           7. Permits a local enforcement agency to allow a temporary food  
             facility, operating no more than four hours per day at a  
             single event, to provide an adequate supply of washed and  
             sanitized utensils in lieu of a ware-washing sink.

           8. Permits a local enforcement agency to allow up to eight  
             temporary food facilities to share a ware-washing sink,  
             rather than the current limit of up to four.

           9. Limits the definition of "direct sale," for purposes of  
             provisions of law pertaining to cottage food operations, to  
             transactions that are within the state.

           10.Requires a "Class A" cottage food operation to renew its  
             registration annually.



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           11.Requires a person who prepares or packages cottage food  
             products to complete a food processor course every three  
             years during operation, in addition to the existing law  
             requirement that a course be completed within three months of  
             becoming registered.

           12.Requires the words "Repackaged in a Home Kitchen" to be  
             included on a cottage food product display panel, if  
             applicable rather than the existing law requirement of "Made  
             in a Home Kitchen," along with a description of any purchased  
             whole, ready-to-eat product that is not used as an  

           13.Makes other technical and clarifying changes to the Food  

          According to the author, most of the problems that this bill is  
          addressing are technical.  The author gave three specific  

                  Hot dogs  .  The Food Code currently allows hot holding of  
               hot dogs on carts, as was formerly accepted under  
               California's previous food safety law (the California  
               Uniform Retail Food Facility Law, which was repealed and  
               replaced with the Food Code in 2006).  However, the  
               statutory definition of "hot dog" was deleted when the Food  
               Code was enacted. This definition is necessary to clarify  
               that a bratwurst, for example, is not considered a hot dog  
               because it is fresh and uncured, and requires more than  
               limited food preparation and could make consumers sick if  
               not handled properly with regard to time and temperature  

                  Service animals.   The federal regulations for the  
               Americans with Disabilities Act were revised in 2010.   
               Among these revisions, the definition of "service animal"  
               was revised and clarified; the definition of "service  
               animal" in the Food Code is not consistent with this  
               revised definition.

                  Temporary alternative food storage.   Refrigerated food  



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               trailers are commonly used by restaurants and grocery  
               stores during holidays, emergencies, remodels, or other  
               high sales volume times, but the Food Code does not  
               specifically authorize the use of any alternative storage  
               methods. This bill permits local health agencies to approve  
               temporary alternative food storage methods and locations.

           Prior Legislation
          SB 359 (Hernandez, 2012) would have enacted provisions  
          substantially similar to this bill.  These provisions were  
          subsequently removed and the bill was amended to address a  
          different subject matter. 

          SB 946 (Steinberg, Chapter 650, Statutes of 2011) also would  
          have included provisions substantially similar to this bill.   
          These provisions were deleted and the bill was amended to  
          address a different subject matter.

          SB 241 (George Runner, Chapter 571, Statutes of 2009) enacted a  
          number of clean up changes to the Food Code and provided for the  
          regulation of temporary and mobile food facilities under the  
          Food Code.

          SB 1359 (George Runner, 2008) was substantially similar to SB  
          241.  This bill was vetoed by Governor Schwarzenegger.  In his  
          veto message, the Governor stated that it was due to the  
          historic delay in passing the 2008-09 State Budget, and the bill  
          did not meet the standard of the highest priority for  

          SB 744 (George Runner, Chapter 96, Statutes of 2007) enacted  
          numerous technical, clarifying, and non-substantive changes to  
          the Food Code.

          SB 144 (George Runner, Chapter 23, Statutes of 2006) repealed  
          and reenacted the California Uniform Retail Food Facilities Law  
          as the Food Code.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  Yes

           SUPPORT  :   (Verified  8/12/13)



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          California Retail Food Safety Coalition (source) 
          American Federation of State, County and Municipal Employees,  
          California Retailers Association
          California Association of Environmental Health Administrators

           ARGUMENTS IN SUPPORT  :    According to the author, this bill is  
          intended as a clean-up measure to make several technical,  
          non-controversial clarifications and conforming changes to the  
          Food Code.  The changes in this bill are needed to ensure the  
          best and most effective implementation of the state's principal  
          retail food sanitation law.  The provisions of this bill reflect  
          consensus reached by the sponsor, the California Retail Food  
          Safety Coalition, a broad-based stakeholder group comprised of  
          federal, state and local regulators and the retail food  

          The California Association of Environmental Health  
          Administrators (CAEHA), which represents all 62 local  
          environmental health departments, states in support that because  
          virtually all retail food safety requirements are contained in  
          statute, changes to retail food safety need to be done through  
          legislation.  CAEHA states that the changes contained in this  
          bill represent consensus language drafted by the coalition.  The  
          California Retailers Association states in support that although  
          technical in nature, this bill updates food-to-hand contact  
          practice, conforms federal law changes to the definition of  
          service animals, clarifies food worker health requirements, and  
          updates handling requirements for certain cured meats.  The  
          American Federation of State, County and Municipal Employees,  
          AFL-CIO, states that this bill streamlines requirements for food  
          preparation and sanitation, and further protects all  
          Californians from diseases and illness.

           ASSEMBLY FLOOR  :  76-0, 4/25/13
          AYES:  Achadjian, Alejo, Allen, Ammiano, Atkins, Bigelow, Bloom,  
            Blumenfield, Bocanegra, Bonilla, Bonta, Bradford, Brown,  
            Buchanan, Ian Calderon, Campos, Chau, Chávez, Chesbro, Conway,  
            Dahle, Daly, Dickinson, Donnelly, Eggman, Fong, Fox, Frazier,  
            Beth Gaines, Garcia, Gatto, Gomez, Gordon, Gorell, Gray,  
            Grove, Hagman, Hall, Harkey, Roger Hernández, Holden, Jones,  
            Jones-Sawyer, Levine, Linder, Logue, Maienschein, Mansoor,  
            Medina, Melendez, Mitchell, Morrell, Mullin, Muratsuchi,  



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            Nestande, Olsen, Pan, Patterson, Perea, V. Manuel Pérez,  
            Quirk, Quirk-Silva, Rendon, Salas, Skinner, Stone, Ting,  
            Torres, Wagner, Waldron, Weber, Wieckowski, Wilk, Williams,  
            Yamada, John A. Pérez
          NO VOTE RECORDED:  Cooley, Lowenthal, Nazarian, Vacancy

          JL:nl  8/16/13   Senate Floor Analyses 

                           SUPPORT/OPPOSITION:  SEE ABOVE

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