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 require, except as provided, a manufacturer of Vietnamese rice cakes, as defined, to place a label,begin delete issuedend deletebegin insert designedend insert by the Vietnamese Rice Cake Association, Inc., on the Vietnamese rice cake that indicates the date and time the cooking
process was completed, and would require the label to include a statement that the rice cake must be consumed within 24 hours of the date and time printed on the label. 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 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 no more than 70 degrees Fahrenheit for no more than 24 hours and would require Vietnamese rice cakes that have been at no more than 70 degrees Fahrenheit but have been stored for more than 24 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:
Section 111222 of the Health and Safety Code is
5amended to read:
For purposes of this article the following definitions
7shall apply:
8(a) “Asian rice-based noodle” is defined as a rice-based pasta
9that contains rice powder, water, wheat starch, vegetable cooking
10oil, and optional ingredients to modify the pH or water activity,
11or to provide a preservative effect. The ingredients shall not include
12any animal fats or any other products derived from animals. An
13Asian rice-based noodle is prepared by using a traditional method
14that includes cooking by steaming at not less than 130 degrees
15Fahrenheit, for not less than four minutes.
16(b) “Korean rice cake” is defined as a confection that contains
17rice powder, salt,
sugar, various edible seeds, oil, dried beans, nuts,
18dried fruits, and dried pumpkin. The ingredients may not include
19any animal fats or any other products derived from animals. A
20Korean rice cake is prepared by using a traditional Korean method
21that includes cooking by steaming at not less than 275 degrees
22Fahrenheit, for not less than five minutes, nor more than 15
23minutes.
24(c) “Vietnamese rice cake,” also known as Bánh Tét or Bánh
25Chưng, is defined as a confection that contains a combination of
26rice, beans, and meat or fruit wrapped tightly in banana leaves for
27cooking. Bánh Tét is a rice cake in a cylindrical shape, and Bánh
28Chưng is a rice cake in a square shape. A Vietnamese rice cake is
29prepared using a traditional Vietnamese method that includes
30cooking by boiling in water for not less than 10 hours. Vietnamese
31rice cakes are
required to be handled, prepared, and stored under
32
sanitary conditions both when they are kept at no more than 70
33degrees Fahrenheit upon completion of cooking and after the rice
34cakes have been cooled to below 70 degrees Fahrenheit. Any
35Vietnamese rice cakes that are unwrapped from the banana leaves
36after cooking shall be refrigerated.
Section 111223 of the Health and Safety Code is
38amended to read:
(a) (1) All manufacturers of Asian rice-based noodles
40shall place a label on the packaging of Asian rice-based noodles
P4 1that indicates the date and time that the product first came out of
2hot holding at temperatures above 135 degrees Fahrenheit and
3includes a statement that the Asian rice-based noodles are
4perishable.
5(2) The product packaging shall only be labeled once.
6(3) Notwithstanding paragraphs (1) and (2), this section shall
7not apply to Asian rice-based noodles that have a pH of 4.6 or
8below, have a water activity of 0.85 or below, or have been
9determined by the department to be nonpotentially
hazardous foods
10based on formulation and supporting laboratory documentation
11
submitted to the department by the manufacturer.
12(b) All manufacturers of Korean rice cakes shall place a label
13issued by the Korean Rice Cake Association Corporation on the
14Korean rice cake that indicates the date of manufacture. The Korean
15rice cakes label shall include a statement that the rice cake must
16be consumed within one day of manufacture.
17(c) (1) All manufacturers of Vietnamese rice cakes shall place
18a label,begin delete issuedend deletebegin insert designedend insert by the Vietnamese Rice Cake Association,
19Inc., on the Vietnamese rice cake that indicates the date and time
20the cooking process was completed. The
Vietnamese rice cakes
21label shall include a statement that the rice cake must be consumed
22within 24 hours of the date and time printed on the label.
23(2) Notwithstanding paragraph (1), this section does not apply
24to Vietnamese rice cakes that have been determined by the
25department to be nonpotentially hazardous foods based on
26formulation and supporting laboratory documentation submitted
27to the department by the manufacturer.
Section 114429.3 is added to the Health and Safety
29Code, to read:
(a) Notwithstanding Sections 113996 and 114343
31and if permitted by federal law, a food facility may sell Vietnamese
32rice cakes that have been at no more than 70 degrees Fahrenheit
33for no more than 24 hours.
34(b) Vietnamese rice cakes that have been at no more than 70
35degrees Fahrenheit but have been stored for more than 24 hours
36shall be destroyed in a manner approved by the enforcement
37agency.
38(c) All Vietnamese rice cakes shall bear a label meeting the
39requirements of Section 111223.
No reimbursement is required by this act pursuant to
2Section 6 of Article XIII B of the California Constitution for certain
3costs that may be incurred by a local agency or school district
4because, in that regard, this act creates a new crime or infraction,
5eliminates a crime or infraction, or changes the penalty for a crime
6or infraction, within the meaning of Section 17556 of the
7Government Code, or changes the definition of a crime within the
8meaning of Section 6 of Article XIII B of the California
9Constitution.
10However, if the Commission on State Mandates determines that
11this act contains other costs
mandated by the state, reimbursement
12to local agencies and school districts for those costs shall be made
13pursuant to Part 7 (commencing with Section 17500) of Division
144 of Title 2 of the Government Code.
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