BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 1414|
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THIRD READING
Bill No: AB 1414
Author: Committee on Agriculture
Amended: 1/28/14 in Senate
Vote: 27 - Urgency
PRIOR VOTES NOT RELEVANT
SENATE AGRICULTURE COMMITTEE : 5-0, 2/18/14
AYES: Galgiani, Cannella, Berryhill, Lieu, Wolk
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SUBJECT : Pasteurized in-shell eggs: labeling
SOURCE : Author
DIGEST : This bill defines "pasteurized in-shell eggs" and
includes these eggs in the definition of an "egg handler." This
bill exempts pasteurized in-shell eggs from current labeling
requirements for "shell eggs" and instead creates new labeling
requirements and sell-by date criteria for pasteurized in-shell
eggs.
ANALYSIS :
Existing law:
1. Provides for the regulation of egg and egg products to assure
that healthful, wholesome eggs of known quality are sold in
California, to facilitate the orderly marketing of shell eggs
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in a uniform manner, and to prevent the marketing of
deceptive, adulterated, or mislabeled containers of eggs.
2. Authorizes the Department of Food and Agriculture (DFA) to
enforce regulations for shell eggs and egg products produced,
shipped, or sold in California. The Egg Safety and Quality
Management Program ensures that eggs sold in California are
properly handled, transported, refrigerated, and labeled for
quality, origin, grade and size. Egg handlers are required
to register with DFA and pay an assessment not to exceed
$0.15 for each 30 dozen eggs sold, with exceptions.
3. Provides for the Shell Egg Advisory Committee that advises
the Secretary of DFA on all matters pertaining to standards
for shell eggs, including quality of shell eggs, sampling,
inspection, fees, budget, and components of the Egg Quality
Assurance Plan.
4. Establishes the Sherman Food, Drug, and Cosmetic Law which
requires the Department of Public Health (DPH) to regulate
the manufacture, production, processing, packing, labeling,
sale, and advertising of any food, drug, device, or cosmetic.
The Sherman Act also specifies labeling requirements for
individual food products and defines the misbranding of food
if its label is false or misleading.
5. Requires a "sell-by" date for shelled eggs to be no greater
than 30 days excluding the day of packing.
6. Establishes the California Retail Food Code which excludes
from the definition of a potentially hazardous food a shell
egg that is not hard boiled but has been pasteurized to
destroy all viable salmonella.
7. Requires licensed health care facilities, school cafeterias,
and ready-to-eat foods prepared at a food facility, with
specified exceptions, to substitute pasteurized eggs or
pasteurized egg products for raw shell eggs in the
preparation of foods such as Caesar salad, hollandaise or
béarnaise sauces, mayonnaise, egg nog, ice cream, and
egg-fortified beverages that are not thoroughly cooked.
This bill:
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1. Defines "pasteurized in-shell eggs" to mean in-shell eggs
that have been pasteurized by a method approved by the Food
and Drug Administration (FDA) or DFA.
2. Adds pasteurized in-shell eggs to the definition of an egg
handler.
3. Excludes pasteurized in-shell eggs from the definition and
labeling requirements for "shelled eggs."
4. Creates new labeling requirements for pasteurized in-shell
eggs that allows for a sell-by date not to exceed 75 days
from the date of pasteurization, requires identification of
the eggs as pasteurized, and requires processors of such eggs
to complete an appropriate shelf-stability study that
includes public health and safety criteria which shall be
made available to DFA or the DPH upon request.
5. Specifies that a food is misbranded if its labeling does not
conform to the requirements for pasteurized in-shell egg
labeling as defined in this bill.
6. Excludes labeling requirements for pasteurized in-shell eggs
that are packaged for interstate commerce to a state or
federal agency that requires a different format for the
sell-by or best-if-used-by date, and the egg processor
utilizes that format.
7. Requires DFA, in consultation with the Shell Egg Advisory
Committee, to establish a plant identification numbering
system and assign identification numbers to all pasteurized
in-shell egg handling facilities.
Background
Salmonella background . Salmonella is a bacterium that may be
found in uncooked or undercooked foods of animal origin, such as
eggs, beef, poultry, and milk. The Centers of Disease Control
and Prevention (CDC) estimate that 42,000 cases of salmonellosis
are reported in the United States each year and 400 persons die
from acute salmonellosis. The actual number of total infections
may be 29 or more times greater when considering undiagnosed and
unreported cases. To prevent salmonella infection, the CDC
recommends cooking poultry, ground beef, and eggs thoroughly as
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well as avoiding cross contamination when handling these
products.
Existing regulations . Existing state and federal regulations
define "treatment" of eggs to mean a technology or process that
achieves at least a five-log destruction of Salmonella
Enteritidis (SE) for shell eggs. Such treated eggs are exempt
from specified regulations including transportation, SE
prevention measures, and "safe handling instructions" labeling;
however, treated eggs are not exempt from specified
refrigeration or registration requirements.
In accordance with the Egg Products Inspection Act, the FDA
criterion for pasteurization is a five-log reduction in
salmonella, which is an approved process under the definition of
"treatment," above. Processors must demonstrate the
effectiveness of their pasteurization process by obtaining and
providing FDA data which show that their process resulted in the
required reduction in salmonella count. Additionally,
processors will also be required to demonstrate that product
integrity can be ensured after pasteurization.
USDA Grademark and Certified Pasteurized stamps . The United
States Department of Agriculture (USDA) Agricultural Marketing
Service (AMS) allows for the use of a "Produced From" grademark
to officially identify products produced from U.S. Grade AA or
Grade A shell eggs "for which there are no U.S. grade standards
(e.g. pasteurized shell eggs)." Additionally, the USDA
"Certified Pasteurized" stamp may be used to identify
pasteurized eggs that have been processed in accordance with
established pasteurization processing requirements described
above.
Federal definition of pasteurized eggs . According to a final
rule published by the FDA in 2009, both FDA and the USDA Food
Safety Inspection Service (FSIS) are "evaluating additional
measures to improve egg safety, and FSIS intends to issue
proposed rules in the near future for egg products plants and
egg handlers, including egg handlers who operate in-shell
pasteurization treatments". However, a specific definition and
standard of identity for pasteurized in-shell eggs does not
currently exist in federal regulation. This bill provides this
definition in California statute to distinguish between shell
eggs and pasteurized in-shell eggs sold in this state.
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Court petition . A recent petition for writ of administrative
mandate questioned whether pasteurized shell eggs must be
labeled with a sell-by date not to exceed 30 days as currently
required by law. The court concluded that it is clear that
pasteurized shell eggs fall within the statutory definition of
"eggs" in the Food and Agriculture Code; therefore, all in-shell
chicken eggs must be labeled accordingly (M.G. Waldbaum Company
v. DFA No. 34-2012-80001114. Sacramento Superior Court, Filed
April 17, 2012).
Sell-by date . This bill extends the sell-by date for
pasteurized in-shell eggs from 30 days to no greater than 75
days. Processors will be required to provide a shelf-stability
study verifying that the extended sell-by date meets public
health and safety standards. Although not currently required by
law, shelf-stability studies are used by food manufacturers to
best determine sell-by dates to avoid deterioration and
decomposition of their products in the marketplace. Any
decomposed food would be considered adulterated under existing
state and federal law, and the sale of such food constitutes a
violation.
Prior Legislation
AB 1069 (Assembly Agriculture Committee, Chapter 283, Statutes
of 2003), creates a new procedure for regulating out-of-state
egg shippers.
AB 2981 (Assembly Agriculture Committee, Chapter 535, Statutes
of 2002), clarifies compliance with federally-required labeling
for safe-handling instructions for eggs.
AB 593 (Cardoza, Chapter 403, Statutes of 1997), improves the
quality controls under which fresh eggs are handled,
transported, and marketed.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 3/4/14)
National Pasteurized Eggs, Inc.
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JL:d 3/5/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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