BILL NUMBER: SB 969 INTRODUCED
BILL TEXT
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:
SECTION 1. The heading of Article 14 (commencing with Section
111222) of Chapter 5 of Part 5 of Division 104 of the Health and
Safety Code is amended to read:
Article 14. Asian Rice Noodles and Korean
Noodles, Korean Rice Cakes, and Vietnamese Rice Cakes
SEC. 2. Section 111223 of the Health and Safety Code is amended to
read:
111223. (a) (1) All manufacturers of Asian rice-based noodles
shall place a label on the packaging of Asian rice-based noodles that
indicates the date and time that the product first came out of hot
holding at temperatures above 135 degrees Fahrenheit and includes a
statement that the Asian rice-based noodles are perishable.
(2) The product packaging shall only be labeled once.
(3) Notwithstanding paragraphs (1) and (2), this section shall not
apply to Asian rice-based noodles that have a pH of 4.6 or below,
have a water activity of 0.85 or below, or have been determined by
the department to be nonpotentially hazardous foods based on
formulation and supporting laboratory documentation submitted to the
department by the manufacturer.
(b) All manufacturers of Korean rice cakes shall place a label
issued by the Korean Rice Cake Association Corporation on the Korean
rice cake that indicates the date of manufacture. The Korean rice
cakes label shall include a statement that the rice cake must be
consumed within one day of manufacture.
(c) All manufacturers of Vietnamese rice cakes shall place a label
on the Vietnamese rice cake that indicates the date of manufacture.
The Vietnamese rice cakes label shall include a statement that the
rice cake must be consumed within three days of manufacture.
SEC. 3. Section 114429.3 is added to the Health and Safety Code,
to read:
114429.3. (a) Notwithstanding Sections 113996 and 114343 and if
permitted by federal law, a food facility may sell Vietnamese rice
cakes that have been at room temperature for no more than 72 hours.
(b) At the end of the operating day, Vietnamese rice cakes that
have been at room temperature for no more than 72 hours shall be
destroyed in a manner approved by the enforcement agency.
(c) All manufacturers of Vietnamese rice cakes shall place a label
on the Vietnamese rice cake as prescribed by Section 111223.
SEC. 4. 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.