Senate BillNo. 1067


Introduced by Senator Huff

February 16, 2016


An act to amend Sections 113795, 113814, 113818, 113823, 113873, 114004, 114021, 114057.1, 114299, and 114419 of, and to repeal and add Section 114093 of, the Health and Safety Code, relating to food safety.

LEGISLATIVE COUNSEL’S DIGEST

SB 1067, as introduced, Huff. Food facilities.

Existing law, the California Retail Food Code, establishes uniform health and sanitation standards for, and provides for regulation by the State Department of Public Health of, retail food facilities and the preparation of various types of defined foods. Under existing law, local health agencies are primarily responsible for enforcing the code. A person who violates any provision of the code is guilty of a misdemeanor, except as otherwise provided.

The code, among other things, defines various forms of animal-derived food, including, among others, meat, poultry, and game animal and terms related to food preparation. The code specifies requirements for obtaining, preparing, and serving animal-derived raw foods, and, among other things, allows specified foods that are raw or have not been thoroughly cooked, as specified, to be served if the consumer specifically orders the food to be individually prepared less than thoroughly cooked, or the food facility notifies the consumer that the food is raw or less than thoroughly cooked.

This bill would revise those definitions and the provisions regulating obtaining and preparing those raw foods. The bill would delete the provisions regarding consumer notice and instead require a retail food facility to inform consumers of the significantly increased risk of consuming specified animal food that is served or sold raw, undercooked, or without otherwise being processed to eliminate pathogens through a disclosure and reminder, as specified.

The code requires a food facility that packages food using a reduced-oxygen packaging method, as specified, to have a hazard analysis critical control point (HACCP) plan, that satisfies specified criteria, approved by the department for all potentially hazardous foods that are packaged using reduced oxygen packaging.

This bill would provide that an HACCP plan is not required under specified circumstances, including, but not limited to, that the food is held at 41 degrees Fahrenheit or lower during refrigerated storage.

By imposing new enforcement requirements on local health agencies, and by creating a new crime, the 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.  

Section 113795 of the Health and Safety Code
2 is amended to read:

3

113795.  

(a) “Game animal” means an animal, the products of
4which are food, that is not classified as cattle, sheep, swine, goat,
5horse, mule, or other equine in 9 C.F.R. 301, as poultry inbegin delete 9 C.F.R.
6381,end delete
begin insert Section 381 of Title 9 of the Code of Federal Regulations,end insert or
7as fish as defined under Subpart 1-201.10(B)(31) of the Food and
8Drug Administration 2001 Food Code.

9(b) “Game animal” includes mammals such as reindeer, elk,
10deer, antelope, water buffalo, bison, rabbit, squirrel, opossum,
11raccoon, nutria, or muskrat, and nonaquatic reptiles such as land
12snakes.

P3    1(c) “Game animal” does not includebegin delete ratites such as ostrich, emu,
2and rhea.end delete
begin insert ratites.end insert

3

SEC. 2.  

Section 113814 of the Health and Safety Code is
4amended to read:

5

113814.  

“Injected” means manipulatingbegin delete aend delete meatbegin delete so that
6infectious or toxigenic microorganisms may be introduced from
7its surface to itsend delete
begin insert to which a solution has been introduced into itsend insert
8 interiorbegin delete through tenderizing with deep penetration or injecting the
9meatend delete
by processes thatbegin delete may beend deletebegin insert areend insert referred to as “injecting,”
10“pinning,” or “stitch pumping.”

11

SEC. 3.  

Section 113818 of the Health and Safety Code is
12amended to read:

13

113818.  

(a) “Limited food preparation” means food preparation
14that is restricted to one or more of the following:

15(1) Heating, frying, baking, roasting, popping, shaving of ice,
16blending, steaming or boiling of hot dogs, or assembly of
17nonprepackaged food.

18(2) Dispensing and portioning of nonpotentially hazardous food.

19(3) Holding, portioning, and dispensing of any foods that are
20prepared for satellite food service by the onsite permanent food
21facility or prepackaged by another approved source.

22(4) Slicing and chopping of food on a heated cooking surface
23during the cooking process.

24(5) Cooking and seasoning to order.

25(6) begin deletePreparing end deletebegin insertJuicing or preparing end insertbeverages that are for
26immediate service, in response to an individual consumer order,
27that do not contain frozen milk products.

28(b) “Limited food preparation” does not include any of the
29following:

30(1) Slicing and chopping unless it is on the heated cooking
31surface.

32(2) Thawing.

33(3) Cooling of cooked, potentially hazardous food.

34(4) Grinding raw ingredients or potentially hazardous food.

35(5) Reheating of potentially hazardous foods for hot holding,
36except for steamed or boiled hot dogs and tamales in the original,
37inedible wrapper.

38(6) Except as authorized in paragraph (3) of subdivision (a), hot
39holding of nonprepackaged, potentially hazardous food, except
P4    1for roasting corn on the cob, steamed or boiled hot dogs, and
2tamales in the original, inedible wrapper.

3(7) Washing of foods.

4(8) Cooking of potentially hazardous foods for later use.

5

SEC. 4.  

Section 113823 of the Health and Safety Code is
6amended to read:

7

113823.  

“Meat” means the flesh of animals used as food,
8including the dressed flesh of cattle, swine, sheep, goats,begin delete game
9animal,end delete
and other edible animals, except fishbegin delete and poultry.end deletebegin insert poultry,
10and wild game animals specified in subdivision (a) of Section
11114031.end insert

12

SEC. 5.  

Section 113873 of the Health and Safety Code is
13amended to read:

14

113873.  

begin delete(a)end deletebegin deleteend delete“Poultry” means either of the following:

begin delete

15(1)

end delete

16begin insert(end insertbegin inserta)end insert Any domesticated bird, including chickens, turkeys, ducks,
17geese, or guineas, whether live or dead, as defined inbegin delete 9 C.F.R. 381end delete
18 Poultry Products Inspectionbegin delete Regulations.end deletebegin insert Regulations (9 C.F.R.
19381).end insert

begin delete

20(2)

end delete

21begin insert(end insertbegin insertb)end insert Any migratory waterfowl, game bird, including a pheasant,
22partridge, quail, grouse, or guinea, or pigeon,begin insert ratites,end insert or squab,
23whether live or dead, as defined inbegin delete 9 C.F.R. 362end deletebegin insert theend insert Voluntary
24Poultry Inspectionbegin delete Program.end deletebegin insert Program (9 C.F.R. 362).end insert

begin delete

25(b) “Poultry” does not include ratites.

end delete
26

SEC. 6.  

Section 114004 of the Health and Safety Code is
27amended to read:

28

114004.  

(a) Except as specified inbegin delete subdivision (c), all
29ready-to-eat foods prepared at a food facility from raw or
30incompletely cooked food of animal originend delete
begin insert subdivision (b) or (c),
31raw animal foods such as eggs, fish, meat, poultry, and foods
32containing these raw animal foodsend insert
shall be cooked to heat all parts
33of the food to a temperature and for a time that complies with the
34following methods based on the food that is cooked:

35(1) The following shall be heated to a minimum internal
36temperature of 145°F or above for 15 seconds:

37(A) Raw shell eggs that are broken and prepared in response to
38a consumer’s order and for immediate service.

begin delete

39(B) Fish.

end delete
begin delete

P5    1(C) Single pieces of meat, including beef, veal, lamb, pork, and
2game animals from approved sources.

end delete
begin insert

3(B) Except as specified in paragraph (2) or (3) of subdivision
4(a) or subdivision (b) or (c), fish and meat, including game animals
5commercially raised for food.

end insert

6(2) The following foods shall be heated to a minimum internal
7temperature of 155°F for 15 seconds or the temperature specified
8in the following chart that corresponds to the holding time:

9(A) Ratites andbegin insert mechanically tenderizedend insert injected meats.

begin delete

10(B) Comminuted meat or any food containing comminuted
11meat.

end delete
begin insert

12(B) The following foods, if it is comminuted fish, meat, and game
13animals commercially raised for food as specified in subparagraph
14(B) of paragraph (1).

end insert

15(C) Raw eggsbegin delete and foods containing raw eggsend delete that are not
16prepared as specified in paragraph (1).


17

 

Minimum

Temperature (°F)

Time

145

3 minutes

150

1 minute

158

<begin delete 1secondend deletebegin insert 1 secondend insert (instantaneous)

P5   234P5   1317P5   31

 

24(3) The following shall be heated to a minimum internal
25temperature of 165°F for 15 seconds:

26(A) Poultry.

begin delete

27(B) Comminuted poultry.

end delete
begin insert

28(B) Baluts.

end insert

29(C) Stuffed fish, stuffed meat, stuffed poultry, and stuffed ratites.

30(D) Stuffing containing fish, meat, poultry, or ratites.

31(E) Pasta and any other food stuffed with fish, meat, poultry,
32or ratites.

begin insert

33(F) Wild game animals.

end insert

34(b) Whole beef roasts, corned beef roasts, pork roasts, and cured
35pork roasts, such as ham, shall be cooked as specified in both of
36the following:

P6    1(1) In an oven that is preheated to the temperature specified for
2the roast’s weight in the following chart and that is held at that
3temperature:

 

Oven Type

Oven Temperature Based on Roast Weight

Less than 10 lbs

10 lbs or more

Still Dry

350°F or more

250°F or more

Convection

325°F or more

250°F or more

High Humidity*

250°F or less

250°F or less

*Relative humidity greater than 90% for at least 1 hour measured in the cooking chamber or exit of the oven; or in a moisture-impermeable bag that provides 100% humidity.

P5   1317P5   31

 

14(2) As specified in the following chart, to heat all parts of the
15food to a temperature and for the holding time that corresponds to
16that temperature:

 

Temperature (°F)

Time* in Minutes

Temperature (°F)

Time* in Seconds

130

112

147

134

131

89

149

85

133

56

151

54

135

36

153

34

136

28

155

22

138

18

157

14

140

12

158

0

142

8

  

144

5

  

145

4

  

* Holding time may include postoven heat rise.

P5   31

 

begin delete

32(c) The department may approve alternative time and
33temperature minimum heating requirements to thoroughly cook
34the foods identified in this section when the food facility or person
35demonstrates to the department that the alternative heating
36requirements provide an equivalent level of food safety.

end delete
begin insert

37(c) A raw or undercooked whole-muscle, intact beef steak may be served or offered for sale in a ready-to-eat form if all of the following conditions are satisfied:

end insert
begin insert

P7    1(1) The food facility serves a population that is not a highly
2susceptible population.

end insert
begin insert

3(2) The steak is labeled to indicate that it meets the definition
4of “whole-muscle, intact beef” as specified in subdivision (c) of
5Section 114021.

end insert
begin insert

6(3) The steak is cooked on both the top and bottom to a surface
7temperature of 145°F or above and a cooked color change is
8achieved on all external surfaces.

end insert
begin insert

9(d) A raw animal food such as raw egg, raw fish, raw marinated
10fish, raw molluscan shellfish, or steak tartare, or a partially cooked
11food such as lightly cooked fish, soft cooked eggs, or rare meat
12other than whole-muscle, intact beef steaks as specified in
13subdivision (c), may be served or offered for sale upon consumer
14request or selection in a ready-to-eat form if all of the following
15conditions are satisfied:

end insert
begin insert

16(1) As specified in paragraph (1) or (2) of subdivision (e) of
17Section 114091, the food facility serves a population that is not a
18highly susceptible population.

end insert
begin insert

19(2) The food, if served or offered for service by consumer
20selection from a children’s menu, does not contain comminuted
21meat.

end insert
begin insert

22(3) The consumer is informed pursuant to Section 114091 to
23ensure its safety, the food should be cooked as specified in
24subdivision (a) or (b).

end insert
begin insert

25(4) The department grants a variance from subdivision (a) or
26(b) pursuant to Section 114417 based on a HACCP plan that
27satisfies all of the following conditions:

end insert
begin insert

28(A) It is submitted by the permitholder and approved pursuant
29to Sections 114417.1 and 114417.3.

end insert
begin insert

30(B) It documents scientific data or other information showing
31that a lesser time and temperature regimen results in safe food.

end insert
begin insert

32(C) It verifies that equipment and procedures for food prepared
33and training of food employees at the food facility meet the
34conditions of the variance.

end insert
35

SEC. 7.  

Section 114021 of the Health and Safety Code is
36amended to read:

37

114021.  

(a) Food shall be obtained from sources that comply
38with all applicable laws.

39(b) Food stored or prepared in a private home shall not be used
40or offered for sale in a food facility, unless that food is prepared
P8    1by a cottage food operation that is registered or has a permit
2pursuant to Section 114365.

begin insert

3(c) Whole-muscle, intact beef steaks that are intended for
4consumption in an undercooked form that does not satisfy the
5conditions for service pursuant to subdivision (c) of Section 114004
6shall satisfy all of the following conditions:

end insert
begin insert

7(1) Either of the food has been obtained from a food processing
8plant that, upon request by the purchaser, packages the steaks and
9labels them to indicate that the steak meets the definition of
10whole-muscle, intact beef, or is deemed acceptable by the
11enforcement agency based on other evidence, such as written buyer
12specifications or invoices, that indicate that the steaks meet the
13definition of whole-muscle intact beef.

end insert
begin insert

14(2) If the food is individually cut in a food facility, all of the
15following conditions are satisfied:

end insert
begin insert

16(A) The food is cut from whole-muscle intact beef that is labeled
17by a food processing plant as specified in paragraph (1).

end insert
begin insert

18(B) The food is prepared so it remains intact.

end insert
begin insert

19(C) If the food is packaged for undercooking in a food facility,
20the food is labeled as specified in paragraph (1).

end insert
21

SEC. 8.  

Section 114057.1 of the Health and Safety Code is
22amended to read:

23

114057.1.  

(a) A food facility that packages food using a
24reduced-oxygen packaging method and Clostridium botulinum is
25identified as a microbiological hazard in the final prepackaged
26form shall ensure that there are at least two barriers in place to
27control the growth and toxin formation of Clostridium botulinum.

28(b) A food facility that packages food using a reduced-oxygen
29packaging method and Clostridium botulinum is identified as a
30microbiological hazard in the final prepackaged form shall have
31an approved HACCP plan that does all of the following:

32(1) Contains the information specified under Section 114419.1.

33(2) Identifies the food to be prepackaged.

34(3) Limits the food prepackaged to a food that does not support
35the growth of Clostridium botulinum because it complies with one
36of the following:

37(A) Has an aw of 0.91 or less.

38(B) Has a pH of 4.6 or less.

39(C) Is a meat or poultry product cured at a food processing plant
40regulated by the U.S.D.A. and is received in an intact package.

P9    1(D) Is a food with a high level of competing organisms, such
2as raw meat or raw poultry.

3(4) Specifies methods for maintaining food at 41°F or below.

4(5) Describes how the packages shall be prominently and
5conspicuously labeled on the principal display panel in bold type
6on a contrasting background, with instructions to maintain the food
7at 41°F or below and discard the food if within 14 calendar days
8of its packaging it is not served for on-premises consumption, or
9consumed if served or sold for off-premises consumption.

10(6) Limits the refrigerated shelf life to no more than 14 calendar
11days from packaging to consumption, except the time product is
12maintained frozen, or the original manufacturer’s “sell by” or “use
13by” date, whichever occurs first.

14(7) Includes operational procedures that prohibit contacting
15food with bare hands, identify a designated area and the method
16by which physical barriers or methods of separation of raw foods
17and ready-to-eat foods minimize cross-contamination and access
18to the processing equipment is restricted to responsible trained
19personnel familiar with the potential hazards of the operation, and
20delineate cleaning and sanitization procedures for food-contact
21surfaces.

22(8) Describes the training program that ensures that individuals
23responsible for the reduced-oxygen packaging operation understand
24the concepts required for a safe operation, the equipment and
25facilities, and the procedures specified under paragraph (7) and
26Section 114419.1.

27(c) Except for fish that is frozen before, during, and after
28packaging, a food facility shall not package fish using a
29reduced-oxygen packaging method.

begin insert

30(d) A food facility is not required to have an HACCP plan if the
31food facility uses a reduced-oxygen packaging method to package
32hazardous food that always complies with the following standards
33with respect to packaging the hazardous food:

end insert
begin insert

34(1) The food is labeled with the production time and date.

end insert
begin insert

35(2) The food is held at 41ºF or lower during refrigerated
36storage.

end insert
begin insert

37(3) The food is removed from its package in the food facility
38within 48 hours after packaging.

end insert
39

SEC. 9.  

Section 114299 of the Health and Safety Code is
40amended to read:

P10   1

114299.  

(a) Except as specified in subdivision (c), the business
2name or name of the operator, city, state, ZIP Code, and name of
3thebegin delete permittee,end deletebegin insert permitholder,end insert if different from the name of the food
4facility, shall be legible, clearly visible to consumers, and
5permanently affixed on the consumer side of the mobile food
6facility and on a mobile support unit.

7(b) The business name shall be in letters at least 3 inches high.
8Letters and numbers for the city, state,begin delete and ZIP Codeend deletebegin insert ZIP code,
9and permitholder name, if different from the business name,end insert
shall
10not be less than one inch high. The color of each letter and number
11shall contrast with its background.

12(c) Notwithstanding subdivision (a), motorized mobile food
13facilities and mobile support units shall have the required
14identification on two sides.

15

SEC. 10.  

Section 114093 of the Health and Safety Code is
16repealed.

begin delete
17

114093.  

Notwithstanding Section 114004, a ready-to-eat salad
18dressing or sauce containing a raw or less-than-thoroughly cooked
19egg as an ingredient, and other ready-to-eat foods made from or
20containing eggs, comminuted meat, or single pieces of meat,
21including beef, veal, lamb, pork, poultry, fish, and seafood, that
22are raw or have not been thoroughly cooked as specified in Section
23114004 may be served if either of the following requirements is
24met:

25(a) The consumer specifically orders that the food be
26individually prepared less than thoroughly cooked.

27(b) The food facility notifies the consumer, orally or in writing,
28at the time of ordering, that the food is raw or less than thoroughly
29cooked.

end delete
30

SEC. 11.  

Section 114093 is added to the Health and Safety
31Code
, to read:

32

114093.  

(a) Except as specified in subdivision (c) and
33paragraph (4) of subdivision (d) of Section 114004 and pursuant
34to subdivision (e) of Section 114091, if an animal food, including
35beef, eggs, fish, lamb, milk, pork, poultry, or shellfish is served
36or sold raw, undercooked, or without otherwise being processed
37to eliminate pathogens, either in ready-to-eat form or as an
38ingredient in another ready-to-eat food, the permitholder shall
39inform consumers of the significantly increased risk of consuming
40those foods by way of a disclosure pursuant to subdivision (b) and
P11   1reminder pursuant to subdivisions (c), using brochures, deli case
2or menu advisories, label statements, table tents, placards, or other
3effective written means.

4(b) “Disclosure” means a written statement that clearly includes
5either of the following:

6(1) A description of the animal-derived foods, such as “oysters
7on the half shell (raw oysters),” “raw-egg Caesar salad,” and
8“hamburgers (can be cooked to order).”

9(2) Identification of the animal-derived foods marked by an
10asterisk denoting a footnote that states that the items are served
11raw or undercooked, or contain or may contain raw or undercooked
12ingredients.

13(c) “Reminder” means a written statement that identifies the
14animal-derived foods by an asterisk that denotes a footnote that
15includes either of the following disclosure statements:

16(1) Written information regarding the safety of these food items
17is available upon request.

18(2) Consuming raw or undercooked meats, poultry, seafood,
19shellfish, or eggs may increase your risk of foodborne illness,
20especially if you have certain medical conditions.

21

SEC. 12.  

Section 114419 of the Health and Safety Code is
22amended to read:

23

114419.  

(a) Food facilities may engage in any of the following
24activities only pursuant to an HACCP plan as specified in Section
25114419.1:

26(1) Smoking food as a method of food preservation rather than
27as a method of flavor enhancement.

28(2) Curing food.

29(3) Using food additives or adding components such as vinegar
30as a method of food preservation rather than as a method of flavor
31enhancement, or to render a food so that it is not potentially
32hazardous.

33(4) Operating a molluscan shellfish life support system display
34tank used to store and display shellfish that are offered for human
35consumption.

36(5) Custom processing animals that are for personal use as food
37and not for sale or service in a food facility.

38(6) Preparing food by another method that is determined by the
39enforcement agency to require an HACCP plan.

P12   1(b) Food facilities may engage in the following only pursuant
2to an HACCP plan that has been approved by the department:

3(1) Using acidification or water activity to prevent the growth
4of Clostridium botulinum.

5(2) Packaging potentially hazardous food using a
6reduced-oxygen packaging method as specified in Section
7begin delete 114057.1.end deletebegin insert 114057.1, except if the food facility uses a
8reduced-oxygen packaging method to package hazardous food
9that always complies with the following standards with respect to
10packaging the hazardous food:end insert

begin insert

11(A) The food is labeled with the production time and date.

end insert
begin insert

12(B) The food is held at 41ºF or lower during refrigerated
13storage.

end insert
begin insert

14(C) The food is removed from its package in the food facility
15within 48 hours after packaging.

end insert
16

SEC. 13.  

No reimbursement is required by this act pursuant to
17Section 6 of Article XIII B of the California Constitution for certain
18costs that may be incurred by a local agency or school district
19because, in that regard, this act creates a new crime or infraction,
20eliminates a crime or infraction, or changes the penalty for a crime
21or infraction, within the meaning of Section 17556 of the
22Government Code, or changes the definition of a crime within the
23meaning of Section 6 of Article XIII B of the California
24Constitution.

25However, if the Commission on State Mandates determines that
26this act contains other costs mandated by the state, reimbursement
27to local agencies and school districts for those costs shall be made
28pursuant to Part 7 (commencing with Section 17500) of Division
294 of Title 2 of the Government Code.



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