Senate BillNo. 969


Introduced by Senator Nguyen

(Coauthor: Senator Huff)

(Coauthors: Assembly Members Chang, Kim, McCarty, and Williams)

February 8, 2016


An act to amend Section 111223 of, to amend the heading of Article 14 (commencing with Section 111222) of Chapter 5 of Part 5 of Division 104 of, and to add Section 114429.3 to, the Health and Safety Code, relating to food.

LEGISLATIVE COUNSEL’S DIGEST

SB 969, as introduced, Nguyen. Vietnamese rice cakes.

Existing law, the Sherman Food, Drug, and Cosmetic Law, requires all manufacturers of Korean rice cakes, as defined, to place a label issued by the Korean Rice Cake Association Corporation on the Korean rice cake that indicates the date of manufacture, and requires the label to include a statement that the rice cake must be consumed within one day of manufacture. A violation of these provisions is a crime.

This bill would require a manufacturer of Vietnamese rice cakes to place a label on the Vietnamese rice cake that indicates the date of manufacture, and would require the label to include a statement that the rice cake must be consumed within 3 days of manufacture. By creating a new crime, this bill would impose a state-mandated local program.

Existing law, the California Retail Food Code, provides for the regulation of health and sanitation standards for food facilities, as defined, by the State Department of Public Health. Under existing law, local health agencies are primarily responsible for enforcing the California Retail Food Code. A violation of any of these provisions is a crime. Existing law authorizes a food facility to sell Korean rice cakes, as defined, that have been at room temperature for no more than 24 hours, and requires, at the end of the operating day, Korean rice cakes that have been at room temperature for no more than 24 hours to be destroyed in a manner approved by the enforcement agency.

This bill would also authorize a food facility to sell Vietnamese rice cakes that have been at room temperature for no more than 72 hours, and would require, at the end of the operating day, Vietnamese rice cakes that have been at room temperature for no more than 72 hours to be destroyed in a manner approved by the enforcement agency. By imposing new enforcement requirements on local health agencies, and by creating a new crime, this bill would impose a state-mandated local program.

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:

P2    1

SECTION 1.  

The heading of Article 14 (commencing with
2Section 111222) of Chapter 5 of Part 5 of Division 104 of the 3Health and Safety Code is amended to read:

4 

5Article 14.  Asian Ricebegin delete Noodles and Koreanend deletebegin insert Noodles, Korean
6Rice Cakes, and Vietnameseend insert
Rice Cakes
7

 

8

SEC. 2.  

Section 111223 of the Health and Safety Code is
9amended to read:

10

111223.  

(a) (1) All manufacturers of Asian rice-based noodles
11shall place a label on the packaging of Asian rice-based noodles
12that indicates the date and time that the product first came out of
13hot holding at temperatures above 135 degrees Fahrenheit and
P3    1includes a statement that the Asian rice-based noodles are
2perishable.

3(2) The product packaging shall only be labeled once.

4(3) Notwithstanding paragraphs (1) and (2), this section shall
5not apply to Asian rice-based noodles that have a pH of 4.6 or
6below, have a water activity of 0.85 or below, or have been
7determined by the department to be nonpotentially hazardous foods
8based on formulation and supporting laboratory documentation
9 submitted to the department by the manufacturer.

10(b) All manufacturers of Korean rice cakes shall place a label
11issued by the Korean Rice Cake Association Corporation on the
12Korean rice cake that indicates the date of manufacture. The Korean
13rice cakes label shall include a statement that the rice cake must
14be consumed within one day of manufacture.

begin insert

15(c) All manufacturers of Vietnamese rice cakes shall place a
16label on the Vietnamese rice cake that indicates the date of
17manufacture. The Vietnamese rice cakes label shall include a
18statement that the rice cake must be consumed within three days
19of manufacture.

end insert
20

SEC. 3.  

Section 114429.3 is added to the Health and Safety
21Code
, to read:

22

114429.3.  

(a) Notwithstanding Sections 113996 and 114343
23and if permitted by federal law, a food facility may sell Vietnamese
24rice cakes that have been at room temperature for no more than
2572 hours.

26(b) At the end of the operating day, Vietnamese rice cakes that
27have been at room temperature for no more than 72 hours shall be
28destroyed in a manner approved by the enforcement agency.

29(c) All manufacturers of Vietnamese rice cakes shall place a
30label on the Vietnamese rice cake as prescribed by Section 111223.

31

SEC. 4.  

No reimbursement is required by this act pursuant to
32Section 6 of Article XIII B of the California Constitution for certain
33costs that may be incurred by a local agency or school district
34because, in that regard, this act creates a new crime or infraction,
35eliminates a crime or infraction, or changes the penalty for a crime
36or infraction, within the meaning of Section 17556 of the
37Government Code, or changes the definition of a crime within the
38meaning of Section 6 of Article XIII B of the California
39Constitution.

P4    1However, if the Commission on State Mandates determines that
2this act contains other costs mandated by the state, reimbursement
3to local agencies and school districts for those costs shall be made
4pursuant to Part 7 (commencing with Section 17500) of Division
54 of Title 2 of the Government Code.



O

    99