Amended in Assembly March 20, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 2130

Introduced by Assembly Member Pan

(Principal coauthor: Senator Yee)

(Coauthors: Assembly Members Bloom, Maienschein, and Wieckowski)

February 20, 2014

An act to begin delete amend end delete begin insert repeal and add end insert Section 113961 of the Health and Safety Code, relating to food safety.

LEGISLATIVE COUNSEL’S DIGEST

AB 2130, as amended, Pan. Retail food safety.

Under existing law, the California Retail Food Code, the State Department of Public Health establishes uniform health and sanitation standards for retail food facilities and local health agencies are required to enforce these provisions. A person who violates any provision of the code is guilty of a misdemeanor. Existing law requires food employees to wash their hands in accordance with specified provisions and prohibits food employees from contacting exposed, ready-to-eat food with their bare hands, except under certain conditions, including when washing fruits and vegetables and when not serving a highly susceptible population, as specified.

This bill would begin delete make technical, nonsubstantive changes to those provisions. end delete begin insert instead require that food employees minimize bare hand and arm contact with nonprepackaged food that is in a ready-to-eat form end insert begin insert . The bill would require food employees to use utensils, as specified, to assemble ready-to-eat food or to place ready-to-eat food on tableware or in other containers. The bill would authorize 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 in accordance with specified provisions. The bill would require that food that has been served to the consumer and then wrapped or prepackaged at the direction of the consumer be handled only with utensils. The bill would require these utensils to be properly sanitized before reuse. By revising the standards that are required to be enforced by local health agencies and changing the scope of an existing crime, this bill would impose a state-mandated local program. end insert

begin insert

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.

end insert begin insert

This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.

end insert begin insert

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.

end insert

Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program:  begin delete no end delete begin insert yes end insert .

The people of the State of California do enact as follows:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 113961 of the end insert begin insert Health and Safety Code end insert begin insert is
repealed. end insert

begin delete

113961.  

(a) Food employees shall wash their hands in
accordance with the provisions established in Section 113953.3.

(b) Except when washing fruits and vegetables, as specified in
Section 113992 or as specified in subdivisions (e) and (f), food
employees shall not contact exposed, ready-to-eat food with their
bare hands and shall use suitable utensils such as deli tissue,
spatulas, tongs, single-use gloves, or dispensing equipment.

(c) Food employees shall minimize bare hand and arm contact
with exposed food that is not in a ready-to-eat form.

(d) Food that has been served to a consumer and then wrapped
or packaged at the direction of the consumer, such as food placed
in a take-home container, shall be handled only with utensils. These
utensils shall be properly sanitized before reuse.

(e) Subdivision (b) does not apply to a food employee who
contacts exposed, ready-to-eat food with bare hands at the time
the ready-to-eat food is being added as an ingredient to a food that
meets either of the following:

(1) Food that contains a raw animal food and is to be cooked in
the food establishment to heat all parts of the food to the minimum
temperatures specified in subdivisions (a) and (b) of Section
114004 or in Section 114008.

(2) Food that does not contain a raw animal food but is to be
cooked in the food establishment to heat all parts of the food to a
temperature of at least 165 degrees Fahrenheit.

(f) Food employees not serving a highly susceptible population
may contact exposed, ready-to-eat food with their bare hands if
all of the following occur:

(1) The permitholder obtains prior approval from the regulatory
authority.

(2) Written procedures are maintained in the food facility and
made available to the regulatory authority upon request, that
include all of the following:

(A) For each bare hand contact procedure, a listing of the
specific ready-to-eat foods that are touched by bare hands.

(B) Diagrams and other information showing that handwashing
facilities that are installed, located, and maintained in accordance
with Sections 113953, 113953.1, and 113953.2, are in an easily
accessible location and in close proximity to the work station where
the bare hand contact procedure is conducted.

(3) A written employee health policy that details the manner in
which the food facility complies with Sections 113949, 113949.1,
113949.2, 113949.3, 113949.4, 113949.5, 113950, and 113950.5,
including all of the following:

(A) Documentation that food employees acknowledge that they
are informed to report information about their health and activities
as they relate to gastrointestinal symptoms and diseases that are
transmittable through food as specified in Section 113949.1.

(B) Documentation that food employees acknowledge their
responsibilities as specified in Section 113949.4.

(C) Documentation that the person in charge acknowledges the
responsibilities specified in Section 113949.5, subdivision (b) of
Section 113950, and Section 113950.5.

(4) Documentation that food employees acknowledge that they
have received training in all of the following:

(A) The risks of contacting the specific ready-to-eat foods with
bare hands.

(B) Proper handwashing techniques and requirements, pursuant
to subdivision (a) of Section 113953.3.

(C) Where to wash their hands, as specified in Section 113953.1.

(D) Proper fingernail maintenance, as specified in Section
113968.

(E) Prohibition of jewelry, as specified in subdivision (a) of
Section 113973.

(F) Good hygienic practices, as specified in Sections 113974
and 113977.

(5) Documentation that hands are washed before food
preparation and as necessary to prevent cross-contamination by
food employees, as specified in Sections 113952, 113953.1, and
113953.3 during all hours of operation when the specific
ready-to-eat foods are prepared.

(6) Documentation that food employees contacting ready-to-eat
foods with bare hands use two or more of the following control
measures to provide additional safeguards to hazards associated
with bare hand contact:

(A) Double handwashing.

(B) Nail brushes.

(C) A hand antiseptic after handwashing, as specified in Section
113953.4.

(D) Incentive programs such as paid sick leave that assist or
encourage food employees not to report to work if they are ill.

(E) Other control measures approved by the regulatory authority.

(7) Documentation that corrective action is taken when the
requirements specified in paragraphs (1) to (6), inclusive, are not
followed.

end delete

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 113961 is added to the end insert begin insert Health and Safety Code end insert begin insert ,
to read: end insert

begin insert

begin insert 113961. end insert   

(a) Food employees shall minimize bare hand and
arm contact with nonprepackaged food that is in a ready-to-eat
form.

(b) Food employees shall use utensils, including scoops, forks,
tongs, paper wrappers, gloves, or other implements, to assemble
ready-to-eat food or to place ready-to-eat food on tableware or
in other containers. However, food employees may 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 in accordance with Section 113953.3.

(c) Food that has been served to the consumer and then wrapped
or prepackaged at the direction of the consumer shall be handled
only with utensils. These utensils shall be properly sanitized before
reuse.

end insert

begin insert

begin insert SEC. 3. end insert   

end insert begin insert

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.

end insert begin insert

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.

end insert

begin delete

  

SECTION 1.  

Section 113961 of the Health and Safety Code
is amended to read:

113961.  

(a) Food employees shall wash their hands in
accordance with the provisions established in Section 113953.3.

(b) Except when washing fruits and vegetables, as specified in
Section 113992 or as specified in subdivisions (e) and (f), food
employees shall not contact exposed, ready-to-eat food with their
bare hands and shall use suitable utensils ,including deli tissue,
spatulas, tongs, single-use gloves, or dispensing equipment.

(c) Food employees shall minimize bare hand and arm contact
with exposed food that is not in a ready-to-eat form.

(d) Food that has been served to a consumer and then wrapped
or packaged at the direction of the consumer, including food placed
in a take-home container, shall be handled only with utensils. These
utensils shall be properly sanitized before reuse.

(e) Subdivision (b) does not apply to a food employee who
contacts exposed, ready-to-eat food with bare hands at the time
the ready-to-eat food is being added as an ingredient to a food that
meets either of the following:

(1) Food that contains a raw animal food and is to be cooked in
the food establishment to heat all parts of the food to the minimum
temperatures specified in subdivisions (a) and (b) of Section
114004 or in Section 114008.

(2) Food that does not contain a raw animal food but is to be
cooked in the food establishment to heat all parts of the food to a
temperature of at least 165 degrees Fahrenheit.

(f) Food employees not serving a highly susceptible population
may contact exposed, ready-to-eat food with their bare hands if
all of the following occur:

(1) The permitholder obtains prior approval from the regulatory
authority.

(2) Written procedures are maintained in the food facility and
made available to the regulatory authority upon request, that
include all of the following:

(A) For each bare hand contact procedure, a listing of the
specific ready-to-eat foods that are touched by bare hands.

(B) Diagrams and other information showing that handwashing
facilities that are installed, located, and maintained in accordance
with Sections 113953, 113953.1, and 113953.2, are in an easily
accessible location and in close proximity to the work station where
the bare hand contact procedure is conducted.

(3) A written employee health policy that details the manner in
which the food facility complies with Sections 113949, 113949.1,
113949.2, 113949.3, 113949.4, 113949.5, 113950, and 113950.5,
including all of the following:

(A) Documentation that food employees acknowledge that they
are informed to report information about their health and activities
as they relate to gastrointestinal symptoms and diseases that are
transmittable through food as specified in Section 113949.1.

(B) Documentation that food employees acknowledge their
responsibilities as specified in Section 113949.4.

(C) Documentation that the person in charge acknowledges the
responsibilities specified in Section 113949.5, subdivision (b) of
Section 113950, and Section 113950.5.

(4) Documentation that food employees acknowledge that they
have received training in all of the following:

(A) The risks of contacting the specific ready-to-eat foods with
bare hands.

(B) Proper handwashing techniques and requirements, pursuant
to subdivision (a) of Section 113953.3.

(C) Where to wash their hands, as specified in Section 113953.1.

(D) Proper fingernail maintenance, as specified in Section
113968.

(E) Prohibition of jewelry, as specified in subdivision (a) of
Section 113973.

(F) Good hygienic practices, as specified in Sections 113974
and 113977.

(5) Documentation that hands are washed before food
preparation and as necessary to prevent cross-contamination by
food employees, as specified in Sections 113952, 113953.1, and
113953.3 during all hours of operation when the specific
ready-to-eat foods are prepared.

(6) Documentation that food employees contacting ready-to-eat
foods with bare hands use two or more of the following control
measures to provide additional safeguards to hazards associated
with bare hand contact:

(A) Double handwashing.

(B) Nail brushes.

(C) A hand antiseptic after handwashing, as specified in Section
113953.4.

(D) Incentive programs, including paid sick leave, that assist
or encourage food employees not to report to work if they are ill.

(E) Other control measures approved by the regulatory authority.

(7) Documentation that corrective action is taken when the
requirements specified in paragraphs (1) to (6), inclusive, are not
followed.

end delete