SB 969, as amended, 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
begin delete requireend delete a manufacturer of Vietnamese rice begin delete cakesend delete to place a label on the Vietnamese rice cake that indicates the date begin delete of manufacture,end delete and would require the label to include a statement that the rice cake must be consumed within begin delete 3 days of manufacture.end delete 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
begin delete of anyend delete 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
begin delete room temperatureend delete for no more than begin delete 72end delete hours, and would begin delete require, at the end of the operating day,end delete Vietnamese rice cakes that have been at room temperature for no more than begin delete 72end delete 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:
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:
For purposes of this article the following definitions
5(a) “Asian rice-based noodle” is defined as a rice-based pasta
6that contains rice powder, water, wheat starch, vegetable cooking
7oil, and optional ingredients to modify the pH or water activity,
8or to provide a preservative effect. The ingredients shall not include
9any animal fats or any other products derived from animals. An
10Asian rice-based noodle is prepared by using a traditional method
11that includes cooking by steaming at not less than 130 degrees
12Fahrenheit, for not less than four minutes.
13(b) “Korean rice cake” is defined as a confection that contains
14rice powder, salt, sugar, various edible seeds, oil, dried beans, nuts,
15dried fruits, and dried pumpkin. The ingredients may not include
16any animal fats or any other products derived from animals. A
17Korean rice cake is prepared by using a traditional Korean method
18that includes cooking by steaming at not less than 275 degrees
19Fahrenheit, for not less than five minutes, nor more than 15
Section 111223 of the Health and Safety Code is
36amended to read:
(a) (1) All manufacturers of Asian rice-based noodles
38shall place a label on the packaging of Asian rice-based noodles
39that indicates the date and time that the product first came out of
40hot holding at temperatures above 135 degrees Fahrenheit and
P4 1includes a statement that the Asian rice-based noodles are
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.
15(c) All manufacturers of Vietnamese rice cakes shall place
16a label on the Vietnamese rice cake that indicates the date
begin delete of The
18Vietnamese rice cakes label shall include a statement that the rice
19cake must be consumed within
begin delete three days of manufacture.end delete
Section 114429.3 is added to the Health and Safety
28Code, to read:
(a) Notwithstanding Sections 113996 and 114343
30and if permitted by federal law, a food facility may sell Vietnamese
31rice cakes that have been at
begin delete room temperatureend delete for no more than begin delete 72end delete hours.
begin deleteAt the end of the operating day, end deleteVietnamese
rice cakes that
34have been at
begin delete room temperatureend delete
35 for no more than
begin delete 72end delete hours shall be destroyed in a manner
36approved by the enforcement agency.
begin delete manufacturers ofend delete Vietnamese rice cakes shall begin delete place a Section 111223.
38label on the Vietnamese rice cake as prescribed byend delete
No reimbursement is required by this act pursuant to
3Section 6 of Article XIII B of the California Constitution for certain
4costs that may be incurred by a local agency or school district
5because, in that regard, this act creates a new crime or infraction,
6eliminates a crime or infraction, or changes the penalty for a crime
7or infraction, within the meaning of Section 17556 of the
8Government Code, or changes the definition of a crime within the
9meaning of Section 6 of Article XIII B of the California
11However, if the Commission on State Mandates determines that
12this act contains other costs mandated by the state, reimbursement
13to local agencies and school districts for those costs shall be made
14pursuant to Part 7 (commencing with Section 17500) of Division
154 of Title 2 of the Government Code.