BILL NUMBER: SB 1067 AMENDED
BILL TEXT
AMENDED IN SENATE MARCH 29, 2016
AMENDED IN SENATE MARCH 28, 2016
INTRODUCED BY Senator Huff
FEBRUARY 16, 2016
An act to amend Sections 113795, 113814, 113818, 113823, 113873,
113947, 113947.2, 114004, 114021, 114057.1, 114299, and 114419 of, to
add Section 113820.5 to, and to repeal and add Section 114093 of,
the Health and Safety Code, relating to food safety.
LEGISLATIVE COUNSEL'S DIGEST
SB 1067, as amended, 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 person in charge of a food facility and all
food employees to have adequate knowledge of, and be properly trained
in, food safety. The code also requires food facilities that
prepare, handle, or serve nonprepackaged potentially hazardous food,
except temporary food facilities, to have an owner or employee who
has successfully passed an approved and accredited food safety
certification examination. The code specifies the contents of that
examination, including knowledge of foodborne illness, as specified.
This bill would require the person in charge of a food facility
and all food employees to have adequate knowledge
of major food allergens, as defined. defined,
foods identified as major food allergens, and the symptoms that a
major food allergen could cause in a sensitive individual who has an
allergic reaction and to educate food facility employees
regarding those matters. The bill would also require the food
safety certification examination to include describing foods
identified as major food allergens and the symptoms that a major food
allergen could cause in a sensitive individual who has an allergic
reaction.
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
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:
SECTION 1. Section 113795 of the Health and Safety Code is amended
to read:
113795. (a) "Game animal" means an animal, the products of which
are food, that is not classified as cattle, sheep, swine, goat,
horse, mule, or other equine in Part 301 of Title 9 of the Code of
Federal Regulations, as poultry in Part 381 of Title 9 of the Code of
Federal Regulations, or as fish as defined under Subpart 1-201.10(B)
(31) of the Food and Drug Administration 2001 Food Code.
(b) "Game animal" includes mammals such as reindeer, elk, deer,
antelope, water buffalo, bison, rabbit, squirrel, opossum, raccoon,
nutria, or muskrat, and nonaquatic reptiles such as land snakes.
(c) "Game animal" does not include ratites.
SEC. 2. Section 113814 of the Health and Safety Code is amended to
read:
113814. "Injected" means manipulating meat to which a solution
has been introduced into its interior by processes that are referred
to as "injecting," "pinning," or "stitch pumping."
SEC. 3. Section 113818 of the Health and Safety Code is amended to
read:
113818. (a) "Limited food preparation" means food preparation
that is restricted to one or more of the following:
(1) Heating, frying, baking, roasting, popping, shaving of ice,
blending, steaming or boiling of hot dogs, or assembly of
nonprepackaged food.
(2) Dispensing and portioning of nonpotentially hazardous food.
(3) Holding, portioning, and dispensing of any foods that are
prepared for satellite food service by the onsite permanent food
facility or prepackaged by another approved source.
(4) Slicing and chopping of food on a heated cooking surface
during the cooking process.
(5) Cooking and seasoning to order.
(6) Juicing or preparing beverages that are for immediate service,
in response to an individual consumer order, that do not contain
frozen milk products.
(b) "Limited food preparation" does not include any of the
following:
(1) Slicing and chopping unless it is on the heated cooking
surface.
(2) Thawing.
(3) Cooling of cooked, potentially hazardous food.
(4) Grinding raw ingredients or potentially hazardous food.
(5) Reheating of potentially hazardous foods for hot holding,
except for steamed or boiled hot dogs and tamales in the original,
inedible wrapper.
(6) Except as authorized in paragraph (3) of subdivision (a), hot
holding of nonprepackaged, potentially hazardous food, except for
roasting corn on the cob, steamed or boiled hot dogs, and tamales in
the original, inedible wrapper.
(7) Washing of foods.
(8) Cooking of potentially hazardous foods for later use.
SEC. 4. Section 113820.5 is added to the Health and Safety Code,
to read:
113820.5. (a) "Major food allergen" means all of the following:
(1) Milk.
(2) Eggs.
(3) Fish, including, but not limited to, bass, flounder, and cod.
(4) Crustacean shellfish, including, but not limited to crab,
lobster, and shrimp.
(5) Tree nuts, including, but not limited to, almonds, pecans, and
walnuts.
(6) Wheat.
(7) Peanuts.
(8) Soybeans.
(9) A food ingredient that contains protein derived from a food
listed in paragraphs (1) to (8), inclusive.
(b) Major food allergen does not include either of the following:
(1) A highly refined oil derived from a food specified in
paragraphs (1) to (8), inclusive, of subdivision (a) and any
ingredient derived from that highly refined oil.
(2) An ingredient that is exempt under the petition or
notification process specified in the federal Food Allergen Labeling
and Consumer Protection Act of 2004 (Public Law 108-282).
SEC. 5. Section 113823 of the Health and Safety Code is amended to
read:
113823. "Meat" means the flesh of animals used as food, including
the dressed flesh of cattle, swine, sheep, goats, and other edible
animals, except fish fish, poultry, and
wild game animals specified in subdivision (a) of Section 114031.
SEC. 6. Section 113873 of the Health and Safety Code is amended to
read:
113873. "Poultry" means either of the following:
(a) Any domesticated bird, including chickens, turkeys, ducks,
geese, or guineas, whether live or dead, as defined in Poultry
Products Inspection Regulations (9 C.F.R. 381).
(b) Any migratory waterfowl, game bird, including a pheasant,
partridge, quail, grouse, or guinea, or pigeon, ratites, or squab,
whether live or dead, as defined in the Voluntary Poultry Inspection
Program (9 C.F.R. 362).
SEC. 7. Section 113947 of the Health and Safety Code is amended to
read:
113947. (a) The person in charge and all food employees shall
have adequate knowledge of, and shall be properly trained in, food
safety, including food allergy awareness,
safety as it relates to their assigned duties.
(b) The person in charge shall comply with both of the following:
(1) Have adequate knowledge of major food allergens, foods
identified as major food allergens, and the symptoms that a major
food allergen could cause in a sensitive individual who has an
allergic reaction.
(2) Educate the employees at the food facility regarding the
information described in paragraph (1), which the person in charge
may elect to accomplish by, among other methods, using a poster or
job aid to which the employee can refer.
(b)
(c) For purposes of this section, "person in charge"
means a designated person who has knowledge of safe food handling
practices and the major food allergens as they relate to the specific
food preparation activities that occur at the food facility.
SEC. 8. Section 113947.2 of the Health and Safety Code is amended
to read:
113947.2. The food safety certification examination for purposes
of Section 113947.1 shall include, but need not be limited to, all of
the following elements of knowledge:
(a) Foodborne illness, including terms associated with foodborne
illness, micro-organisms, hepatitis A, and toxins that can
contaminate food and the illness that can be associated with
contamination, definition and recognition of potentially hazardous
foods, chemical, biological, and physical contamination of food, and
the illnesses that can be associated with food contamination, and
major contributing factors for foodborne illness.
(b) The relationship between time and temperature with respect to
foodborne illness, including the relationship between time and
temperature and micro-organisms during the various food handling,
preparation, and serving states, and the type, calibration, and use
of thermometers in monitoring food temperatures.
(c) The relationship between personal hygiene and food safety,
including the association of hand contact, personal habits and
behaviors, and food employee health to foodborne illness, and the
recognition of how policies, procedures, and management contribute to
improved food safety practices.
(d) Methods of preventing food contamination in all stages of food
handling, including terms associated with contamination and
potential hazards prior to, during, and after delivery.
(e) Procedures for cleaning and sanitizing equipment and utensils.
(f) Problems and potential solutions associated with facility and
equipment design, layout, and construction.
(g) Problems and potential solutions associated with temperature
control, preventing cross-contamination, housekeeping, and
maintenance.
(h) Describing foods identified as major food allergens and the
symptoms that a major food allergen could cause in a sensitive
individual who has an allergic reaction.
SEC. 9. Section 114004 of the Health and Safety Code is amended to
read:
114004. (a) Except as specified in subdivision (b) or (c), raw
animal foods such as eggs, fish, meat, poultry, and foods containing
these raw animal foods shall be cooked to heat all parts of the food
to a temperature and for a time that complies with the following
methods based on the food that is cooked:
(1) The following shall be heated to a minimum internal
temperature of 145 F or above for 15 seconds:
(A) Raw shell eggs that are broken and prepared in response to a
consumer's order and for immediate service.
(B) Except as specified in paragraph (2) or (3) of subdivision (a)
or subdivision (b) or (c), fish and meat, including game animals
commercially raised for food.
(2) The following foods shall be heated to a minimum internal
temperature of 155 F for 15 seconds or the temperature specified in
the following chart that corresponds to the holding time:
(A) Ratites and mechanically tenderized and injected meats.
(B) The following foods, if they are comminuted: fish, meat, and
game animals commercially raised for food as specified in
subparagraph (B) of paragraph (1).
(C) Raw eggs that are not prepared as specified in paragraph (1).
+-------------------------------------------------+
| Minimum |
+------------------------+------------------------+
| Temperature (b0F) | Time |
+------------------------+------------------------+
| 145 | 3 minutes |
+------------------------+------------------------+
| 150 | 1 minute |
+------------------------+------------------------+
| 158 | < 1 second |
| | (instantaneous) |
+------------------------+------------------------+
(3) The following shall be heated to a minimum internal
temperature of 165 F for 15 seconds:
(A) Poultry.
(B) Baluts.
(C) Stuffed fish, stuffed meat, stuffed poultry, and stuffed
ratites.
(D) Stuffing containing fish, meat, poultry, or ratites.
(E) Pasta and any other food stuffed with fish, meat, poultry, or
ratites.
(F) Wild game animals.
(b) Whole beef roasts, corned beef roasts, pork roasts, lamb
roasts, and cured pork roasts, such as ham, shall be cooked as
specified in both of the following:
(1) In an oven that is preheated to the temperature specified for
the roast's weight in the following chart and that is held at that
temperature:
+---------------------+----------------------------+
| Oven Type | Oven Temperature Based on |
| | Roast Weight |
| +---------------+------------+
| | Less than 10 | 10 lbs or |
| | lbs | more |
+---------------------+---------------+------------+
|Still Dry | 350b0F or more | 250b0F or
|
| | | more |
+---------------------+---------------+------------+
|Convection | 325b0F or more | 250b0F or
|
| | | more |
+---------------------+---------------+------------+
|High Humidity* | 250b0F or less | 250b0F or
|
| | | less |
+---------------------+---------------+------------+
|*Relative humidity greater than 90 % percent
for at least
|
| least 1 hour measured in the cooking chamber or
exit of
|
| exit of the oven; or in a moisture-impermeable
bag that |
|provides 100% humidity. |
|bag that provides 100 percent humidity. |
+--------------------------------------------------+
(2) As specified in the following chart, to heat all parts of the
food to a temperature and for the holding time that corresponds to
that temperature:
+------------+------------+------------+------------+
| Temperature| Time* in | Temperature| Time* in |
| (b0F) | Minutes | (b0F) | 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. |
+---------------------------------------------------+
(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:
(1) The food facility serves a population that is not a highly
susceptible population.
(2) The steak is labeled to indicate that it meets the definition
of "whole-muscle, intact beef" as specified in subdivision (c) of
Section 114021.
(3) The steak is cooked on both the top and bottom to a surface
temperature of 145 F or above and a cooked color change is achieved
on all external surfaces.
(d) A raw animal food such as raw egg, raw fish, raw marinated
fish, raw molluscan shellfish, or steak tartare, or a partially
cooked food such as lightly cooked fish, soft cooked eggs, or rare
meat other than whole-muscle, intact beef steaks as specified in
subdivision (c), may be served or offered for sale upon consumer
request or selection in a ready-to-eat form if either of the
following conditions are satisfied:
(1) All of the following requirements are met:
(A) As specified in paragraph (1) or (2) of subdivision (e) of
Section 114091, the food facility serves a population that is not a
highly susceptible population.
(B) The food, if served or offered for service by consumer
selection from a children's menu, does not contain comminuted meat.
(C) The consumer is informed pursuant to Section 114093 to ensure
its safety, the food should be cooked as specified in subdivision (a)
or (b).
(2) The department grants a variance from subdivision (a) or (b)
pursuant to Section 114417 based on a HACCP plan that satisfies all
of the following conditions:
(A) It is submitted by the permitholder and approved pursuant to
Sections 114417.1 and 114417.3.
(B) It documents scientific data or other information showing that
a lesser time and temperature regimen results in safe food.
(C) It verifies that equipment and procedures for food prepared
and training of food employees at the food facility meet the
conditions of the variance.
SEC. 10. Section 114021 of the Health and Safety Code is amended
to read:
114021. (a) Food shall be obtained from sources that comply with
all applicable laws.
(b) Food stored or prepared in a private home shall not be used or
offered for sale in a food facility, unless that food is prepared by
a cottage food operation that is registered or has a permit pursuant
to Section 114365.
(c) Whole-muscle, intact beef steaks that are intended for
consumption in an undercooked form that does not satisfy the
conditions for service pursuant to subdivision (c) of Section 114004
shall satisfy all of the following conditions:
(1) Either of the food has been obtained from a
food processing plant that, upon request by the purchaser, packages
the steaks and labels them to indicate that the steak meets the
definition of whole-muscle, intact beef, or is deemed acceptable by
the enforcement agency based on other evidence, such as written buyer
specifications or invoices, that indicate that the steaks meet the
definition of whole-muscle intact beef.
(2) If the food is individually cut in a food facility, all of the
following conditions are satisfied:
(A) The food is cut from whole-muscle intact beef that is labeled
by a food processing plant as specified in paragraph (1).
(B) The food is prepared so it remains intact.
(C) If the food is packaged for undercooking in a food facility,
the food is labeled as specified in paragraph (1).
SEC. 11. Section 114057.1 of the Health and Safety Code is amended
to read:
114057.1. (a) A food facility that packages food using a
reduced-oxygen packaging method and Clostridium botulinum is
identified as a microbiological hazard in the final prepackaged form
shall ensure that there are at least two barriers in place to control
the growth and toxin formation of Clostridium botulinum.
(b) A food facility that packages food using a reduced-oxygen
packaging method and Clostridium botulinum is identified as a
microbiological hazard in the final prepackaged form shall have an
approved HACCP plan that does all of the following:
(1) Contains the information specified under Section 114419.1.
(2) Identifies the food to be prepackaged.
(3) Limits the food prepackaged to a food that does not support
the growth of Clostridium botulinum because it complies with one of
the following:
(A) Has an aw of 0.91 or less.
(B) Has a pH of 4.6 or less.
(C) Is a meat or poultry product cured at a food processing plant
regulated by the United States Department of Agriculture and is
received in an intact package.
(D) Is a food with a high level of competing organisms, such as
raw meat or raw poultry.
(4) Specifies methods for maintaining food at 41 F or below.
(5) Describes how the packages shall be prominently and
conspicuously labeled on the principal display panel in bold type on
a contrasting background, with instructions to maintain the food at
41 F or below and discard the food if within 14 calendar days of its
packaging it is not served for on-premises consumption, or consumed
if served or sold for off-premises consumption.
(6) Limits the refrigerated shelf life to no more than 14 calendar
days from packaging to consumption, except the time product is
maintained frozen, or the original manufacturer's "sell by" or "use
by" date, whichever occurs first.
(7) Includes operational procedures that prohibit contacting food
with bare hands, identify a designated area and the method by which
physical barriers or methods of separation of raw foods and
ready-to-eat foods minimize cross-contamination and access to the
processing equipment is restricted to responsible trained personnel
familiar with the potential hazards of the operation, and delineate
cleaning and sanitization procedures for food-contact surfaces.
(8) Describes the training program that ensures that individuals
responsible for the reduced-oxygen packaging operation understand the
concepts required for a safe operation, the equipment and
facilities, and the procedures specified under paragraph (7) and
Section 114419.1.
(c) Except for fish that is frozen before, during, and after
packaging, a food facility shall not package fish using a
reduced-oxygen packaging method.
(d) A food facility is not required to have an HACCP plan if the
food facility uses a reduced-oxygen packaging method to package
hazardous food that always complies with the following standards with
respect to packaging the hazardous food:
(1) The food is labeled with the production time and date.
(2) The food is held at 41 F or lower during refrigerated storage.
(3) The food is removed from its package in the food facility
within 48 hours after packaging.
SEC. 12. Section 114299 of the Health and Safety Code is amended
to read:
114299. (a) Except as specified in subdivision (c), the business
name or name of the operator, city, state, ZIP Code, and name of the
permitholder, if different from the name of the food facility, shall
be legible, clearly visible to consumers, and permanently affixed on
the consumer side of the mobile food facility and on a mobile support
unit.
(b) The business name shall be in letters at least 3 inches high.
Letters and numbers for the city, state, ZIP Code, and permitholder
name, if different from the business name, shall not be less than one
inch high. The color of each letter and number shall contrast with
its background.
(c) Notwithstanding subdivision (a), motorized mobile food
facilities and mobile support units shall have the required
identification on two sides.
SEC. 13. Section 114093 of the Health and Safety Code is repealed.
SEC. 14. Section 114093 is added to the Health and Safety Code, to
read:
114093. (a) Except as specified in subdivision (c) and paragraph
(4) of subdivision (d) of Section 114004 and pursuant to subdivision
(e) of Section 114091, if an animal food, including beef, eggs, fish,
lamb, milk, pork, poultry, or shellfish
shellfish, is served or sold raw, undercooked, or without
otherwise being processed to eliminate pathogens, either in
ready-to-eat form or as an ingredient in another ready-to-eat food,
the permitholder shall inform consumers of the significantly
increased risk of consuming those foods by way of a disclosure
pursuant to subdivision (b) and reminder pursuant to subdivision (c),
using brochures, deli case or menu advisories, label statements,
table tents, placards, or other effective written means.
(b) "Disclosure" means a written statement that clearly includes
either of the following:
(1) A description of the animal-derived foods, such as "oysters on
the half shell (raw oysters)," "raw-egg Caesar salad," and
"hamburgers (can be cooked to order)."
(2) Identification of the animal-derived foods marked by an
asterisk denoting a footnote that states that the items are served
raw or undercooked, or contain or may contain raw or undercooked
ingredients.
(c) "Reminder" means a written statement that identifies the
animal-derived foods by an asterisk that denotes a footnote that
includes either of the following disclosure statements:
(1) Written information regarding the safety of these food items
is available upon request.
(2) Consuming raw or undercooked meats, poultry, seafood,
shellfish, or eggs may increase your risk of foodborne illness,
especially if you have certain medical conditions.
SEC. 15. Section 114419 of the Health and Safety Code is amended
to read:
114419. (a) Food facilities may engage in any of the following
activities only pursuant to an HACCP plan as specified in Section
114419.1:
(1) Smoking food as a method of food preservation rather than as a
method of flavor enhancement.
(2) Curing food.
(3) Using food additives or adding components such as vinegar as a
method of food preservation rather than as a method of flavor
enhancement, or to render a food so that it is not potentially
hazardous.
(4) Operating a molluscan shellfish life support system display
tank used to store and display shellfish that are offered for human
consumption.
(5) Custom processing animals that are for personal use as food
and not for sale or service in a food facility.
(6) Preparing food by another method that is determined by the
enforcement agency to require an HACCP plan.
(b) Food facilities may engage in the following only pursuant to
an HACCP plan that has been approved by the department:
(1) Using acidification or water activity to prevent the growth of
Clostridium botulinum.
(2) Packaging potentially hazardous food using a reduced-oxygen
packaging method as specified in Section 114057.1, except if the food
facility uses a reduced-oxygen packaging method to package hazardous
food that always complies with the following standards with respect
to packaging the hazardous food:
(A) The food is labeled with the production time and date.
(B) The food is held at 41 F or lower during refrigerated storage.
(C) The food is removed from its package in the food facility
within 48 hours after packaging.
SEC. 16. 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.