BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 969|
|Office of Senate Floor Analyses | |
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THIRD READING
Bill No: SB 969
Author: Nguyen (R), et al.
Amended: 4/12/16
Vote: 21
SENATE HEALTH COMMITTEE: 9-0, 4/6/16
AYES: Hernandez, Nguyen, Hall, Mitchell, Monning, Nielsen,
Pan, Roth, Wolk
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
SUBJECT: Vietnamese rice cakes
SOURCE: Author
DIGEST: This bill permits a food facility to sell Vietnamese
rice cakes, as defined, that have been at room temperature for
up to 24 hours, notwithstanding provisions of law that require
potentially hazardous foods to either be refrigerated or kept
hot.
ANALYSIS:
Existing law:
1)Establishes the California Retail Food Code (CRFC) to regulate
retail food facilities, which is enforced by local
environmental health officers.
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2)Defines "potentially hazardous food" as a food that requires
time or temperature control to limit pathogenic micro-organism
growth or toxin formation.
3)Excludes from the definition of "potentially hazardous food"
any food that has been shown by appropriate microbial
challenge studies approved by the enforcement agency to not
support the rapid and progressive growth of infectious or
toxigenic micro-organisms that may cause food infections.
4)Requires potentially hazardous food to be maintained at or
above 135 degrees Fahrenheit, or at or below 41 degrees
Fahrenheit.
5)Defines "Korean rice cake" as a confection that contains rice
powder, salt, sugar, various edible seeds, oil, dried beans,
nuts, dried fruits, and dried pumpkin, but which does not
contain any animal fats or any other products derived from
animals.
6)Permits a food facility, notwithstanding the requirement that
potentially hazardous foods either be kept above or below a
certain temperature, to sell Korean rice cakes that have been
at room temperature for no more than 24 hours.
7)Permits a food facility, notwithstanding the requirement that
potentially hazardous foods either be kept above or below a
certain temperature, to sell Asian rice-based noodles that
have been at room temperature for no more than four hours.
This bill:
1)Permits a food facility to sell Vietnamese rice cakes that
have been at no more than 70 degrees Fahrenheit for up to 24
hours, notwithstanding provisions of law that require
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potentially hazardous foods to either be refrigerated or kept
above 135 degrees Fahrenheit.
2)Specifies that the above provision does not apply to
Vietnamese rice cakes that have been determined by the
Department of Public Health (DPH) to be non-potentially
hazardous foods based on formulation and supporting laboratory
documentation submitted to DPH by the manufacturer.
3)Requires 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.
4)Requires manufacturers of Vietnamese rice cakes to place a
label on the Vietnamese rice cake that indicates the date and
time the cooking process was completed, and that includes a
statement that the rice cake must be consumed within 24 hours
of the date and time printed on the label.
5)Defines a "Vietnamese rice cake," also known as Bánh Tét or
Bánh Chung, as a confection that contains a combination of
rice, beans, and meat or fruit wrapped tightly in banana
leaves for cooking. Defines Bánh Tét as a rice cake in a
cylindrical shape, and Bánh Chung as a rice cake in a square
shape. The definition specifies the following cooking
preparation:
a) Requires the Vietnamese rice cake to be prepared using a
traditional Vietnamese method that includes cooking by
boiling in water for not less than 10 hours;
b) Requires the rice cakes to be handled, prepared, and
stored under sanitary conditions both when they are kept at
no more than 70 degrees Fahrenheit upon completion of
cooking and after the rice cakes have been cooled to below
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70 degrees Fahrenheit; and,
c) Requires any Vietnamese rice cakes that are unwrapped
from the banana leaves after cooking to be refrigerated.
Comments
1)Author's statement. According to the author, traditional
Vietnamese rice cakes are manufactured primarily around the
holiday seasons such as Tet. There are generally two forms of
rice cakes that can take more than eight hours to cook; one
with meat-filling and one with a fruit-filling. Traditionally,
families will keep these rice cakes for up to one week before
safely consuming, although many will refrigerate them by the
end of the day. Due to current requirements established by the
DPH and due to the presence of potentially perishable
ingredients, Vietnamese rice cakes must be sold refrigerated
or frozen. However, it is against tradition to purchase rice
cakes that are cold. This stigma prevents traditional
Vietnamese rice cakes from being sold year-round in stores
without facing citations from health regulators. Additionally,
these cakes are often sold for charitable events to raise
money during the holidays. This bill allows for Vietnamese
rice cakes that are cooked and served according to traditional
recipes to be sold at room temperature with appropriate
warning labels.
2)DPH report to the Legislature. Pursuant to AB 2214 (Tran,
Chapter 610, Statutes of 2006), the DPH was required to
conduct a study of the sale and consumption of three
traditional Asian foods: Banh Tet, Banh Chung, and Moon Cakes.
These products, often consumed at cultural events and during
traditional ceremonies, are traditionally held and consumed at
room temperature, and enforcement by local jurisdictions to
require refrigeration resulted in complaints that the products
are unpalatable when refrigerated. AB 2214 required DPH to
determine if the products could be safely held at room
temperature for longer periods of time.
DPH was unable to identify a producer of Banh Tet to provide
samples to be analyzed, but did complete laboratory studies of
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Banh Chung. According to DPH, when Banh Chung is produced
according to the method specified in this bill, and is
packaged securely, and is not recontaminated during cooling,
packaging, and distributing, the product could be held safely
at room temperature for a maximum of 48 hours. However, DPH
concluded that the processing and handling conditions that
must occur so the product can reasonably be held at ambient
temperatures for up to 48 hours will likely prove too elusive
to practically implement. For example, DPH stated that it will
not be possible for regulatory staff to confirm or determine
if Banh Chung products have been subjected to 10 hours of
boiling or whether a shorter time period was used given the
current equipment and methods used by the industry. Without
the ability to confirm critical parameters are met, DPH
recommended that Banh Chung not be excluded from being
considered a potentially hazardous food.
Prior Legislation
SB 888 (Yee, Chapter 508, Statutes of 2010) required
manufacturers of Asian rice based noodles, as defined, to place
a label on the product indicating the date and time of
manufacture and include a statement that the noodles must be
consumed within four hours of manufacture.
SB 144 (Runner, Chapter 23, Statutes of 2006) established the
CRFC in order to create uniformity between California's retail
food safety laws and those of other states, as well as to
enhance food safety laws based on the best available science.
AB 2214 (Tran, Chapter 610, Statutes of 2006) required DPH to
conduct a study on the effects of retail food facility health
and sanitation standards on the sale and consumption of
traditional Asian food.
AB 187 (Liu, Chapter 204, Statutes of 2001) permitted retail
food facilities to sell Korean rice cakes, as defined, that have
been at room temperature for less than 24 hours, and required
manufacturers of Korean rice cakes to provide a date stamp
indicating the date of manufacture and a warning label that the
rice cake must be consumed within one day of manufacture.
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FISCAL EFFECT: Appropriation: No Fiscal
Com.: Yes Local: Yes
SUPPORT: (Verified4/27/16)
Asian Pacific Islander American Public Affairs Association
City of Fountain Valley
City of Garden Grove
City of San Jose
City of Santa Ana
City of Westminster
Southeast Asia Resource Action Center
OPPOSITION: (Verified4/27/16)
None received
ARGUMENTS IN SUPPORT: This bill is supported by the Cities
of Santa Ana, Fountain Valley, Garden Grove and Westminster,
which all state that this bill ensures that Vietnamese rice
cakes may be sold in their traditional manner without
compromising food safety. The City of San Jose states that the
current requirements put too much burden and restrictions on the
rice cakes, and that while these regulations are intended to
keep people safe, the cakes have proven to not be harmful thanks
to the traditional wrapping and cooking techniques. This bill is
also supported by the Southeast Asia Resource Action Center
(SEARAC), which states that Asian-owned businesses make up 17%
of businesses in California, and Vietnamese-owned businesses are
the second largest within the Asian American community. SEARAC
states that legislation such as this bill ensures California is
respectful of culturally-specific businesses within California's
diverse community.
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Prepared by: Vince Marchand / HEALTH /
4/28/16 14:19:10
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