BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON HEALTH
                          Senator Ed Hernandez, O.D., Chair

          BILL NO:                    SB 1067             
           --------------------------------------------------------------- 
          |AUTHOR:        |Huff                                           |
          |---------------+-----------------------------------------------|
          |VERSION:       |March 29, 2016                                 |
           --------------------------------------------------------------- 
           --------------------------------------------------------------- 
          |HEARING DATE:  |April 6, 2016  |               |               |
           --------------------------------------------------------------- 
           --------------------------------------------------------------- 
          |CONSULTANT:    |Vince Marchand                                 |
           --------------------------------------------------------------- 
          
           SUBJECT  :  Food facilities

           SUMMARY  :  Requires the food safety certification examination, which must  
          be completed by at least one person at every retail food  
          facility, to include major food allergens and the symptoms that  
          these allergens could cause in individuals who have allergic  
          reactions. Additionally, revises and recasts provisions of law  
          governing the serving of raw and undercooked meat, and makes  
          various other updates and minor changes to the laws governing  
          retail food facilities.
          
          Existing law:
          1)Establishes the California Retail Food Code (CalCode) to  
            regulate retail food facilities, which is enforced by local  
            environmental health officers.

          2)Defines a food facility as an operation that stores, prepares,  
            packages, serves, vends, or otherwise provides food for human  
            consumption, on or off the premises, regardless of whether  
            there is a charge, at the retail level. 

          3)Requires a food facility to designate a "person in charge" and  
            requires a person in charge to be present at the food facility  
            during all hours of operation. Among other responsibilities,  
            the person in charge is required to have knowledge of safe  
            food handling practices as they relate to the specific food  
            preparation activities that occur at the food facility.

          4)Requires food facilities that prepare non-prepackaged  
            potentially hazardous food to have an owner or employee who  
            has successfully passed an approved and accredited food safety  
            certification examination, as specified, but specifies that  
            this certified person does not need to be present at the food  







          SB 1067 (Huff)                                      Page 2 of ?
          
          
            facility during all hours of operation.

          5)Requires the food safety certification examination to include  
            specified elements of knowledge, including knowledge on  
            foodborne illness, the relationship between hygiene and food  
            safety, methods of preventing food contamination, and  
            procedures for cleaning and sanitizing equipment, among other  
            specified elements.

          6)Defines "potentially hazardous food" as a food that requires  
            time or temperature control to limit pathogenic micro-organism  
            growth or toxin formation. Requires potentially hazardous food  
            to be maintained at or above 135 degrees Fahrenheit, or at or  
            below 41 degrees Fahrenheit.
          
          This bill:
          1)Defines "major food allergen" as all of the following:

                  a)        Milk;
                  b)        Eggs;
                  c)        Fish, including, but not limited to, bass,  
                    flounder, and cod;
                  d)        Crustacean shellfish, including, but not  
                    limited to crab, lobster, and shrimp;
                  e)        Tree nuts, including, but not limited to,  
                    almonds, pecans, and walnuts;
                  f)        Wheat;
                  g)        Peanuts;
                  h)        Soybeans; and,
                  i)        A food ingredient that contains protein  
                    derived from any of the foods listed above.

          2)Excludes from the definition of "major food allergen" a highly  
            refined oil derived from one of the foods specified as a major  
            food allergen, and also excludes an ingredient that is exempt  
            under the petition or notification process specified in the  
            federal Food Allergen Labeling and Consumer Protection Act of  
            2004.

          3)Requires the designated "person in charge" at retail food  
            facilities to comply with both of the following:

                  a)        Have adequate knowledge of major food  
                    allergens, and the symptoms that a major food allergen  
                    could cause in a sensitive individual who has an  








          SB 1067 (Huff)                                      Page 3 of ?
          
          
                    allergic reaction; and,
                  b)        Educate the employees at the food facility  
                    regarding major food allergens and the symptoms they  
                    could cause. Permits this person in charge to  
                    accomplish this education requirement by, among other  
                    methods, using a poster or job aid to which the  
                    employee can refer.

          4)Requires the food safety certification examination, which each  
            food facility is required to have at least one employee pass,  
            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.

          5)Repeals provisions of existing law, in order to replace with  
            alternative disclosure requirements, which permit single  
            pieces of meat and fish, or a salad dressing or sauce  
            containing a raw egg, to be served raw or not cooked to the  
            otherwise specified temperature, if the consumer specifically  
            ordered the food to be individually prepared less than  
            thoroughly cooked, and the food facility notifies the  
            consumer, orally or in writing, at the time of ordering, that  
            the food is raw or less than thoroughly cooked. 

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

                  a)        The food facility serves a population that is  
                    not a highly susceptible population;
                  b)        The steak is labeled to indicate that it meets  
                    the definition of "whole muscle, intact beef," as  
                    specified; and,
                  c)        The steak is cooked on both the top and bottom  
                    to a surface temperature of 145 degrees Fahrenheit or  
                    above and a cooked color change is achieved on all  
                    external surfaces.

          7)Requires whole-muscle, intact beef steaks that are intended  
            for consumption in an undercooked form to satisfy the  
            following conditions:

                  a)        Either 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  








          SB 1067 (Huff)                                      Page 4 of ?
          
          
                    the steak meets the definition of whole-muscle, intact  
                    beef, or is deemed acceptable by the enforcement  
                    agency based on other evidence; and,
                  b)        If the food is individually cut in a food  
                    facility, the food must be cut from whole-muscle  
                    intact beef that is so labeled, the food is prepared  
                    so it remains intact, and if packaged for undercooking  
                    in a food facility, relabeled as a whole-muscle,  
                    intact beef.

          8)Permits a raw animal food, such as raw egg, raw fish, raw  
            marinated fish, raw mulluscan 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, to be served upon consumer request or selection in a  
            ready-to-eat form if either of the following conditions are  
            satisfied:

                  a)        The food facility serves a population that is  
                    not a highly susceptible population, as defined; the  
                    food, if served from a children's menu, does not  
                    contain comminuted meat (i.e., ground meat); and the  
                    consumer is informed that to ensure its safety, the  
                    food should be fully cooked; or,
                  b)        The Department of Public Health grants a  
                    variance from the required cooking temperatures based  
                    on a Hazard Analysis Critical Control Point (HACCP)  
                    plan that documents scientific data showing that a  
                    lesser time and temperature regimen results in safe  
                    food, and the plan has been submitted and approved, as  
                    specified.

          9)Requires a food facility, if an animal food is served or sold  
            raw, undercooked, or without otherwise being processed to  
            eliminate pathogens, to inform consumers of the significantly  
            increased risk of consuming those foods by way of a  
            disclosure, as specified, and a reminder, as specified, using  
            brochures, deli case or menu advisories, label statements,  
            table tents, placards, or other effective written means.  

          10)For purposes of the provision in 9) above, "disclosure" means  
            a written statement that clearly includes a description of the  
            animal-derived foods, such as "oysters on the half shell (raw  
            oysters)" or identification of the animal-derived foods marked  
            by an asterisk denoting a footnote that states that the items  








          SB 1067 (Huff)                                      Page 5 of ?
          
          
            are served raw or undercooked.

          11)For purposes of the provision in 9) above, "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: "written information  
            regarding the safety of these food items is available upon  
            request," or "consuming raw or undercooked meats, poultry,  
            seafood, shellfish, or eggs may increase your risk of  
            foodborne illness, especially if you have certain medical  
            conditions."

          12)Specifies, for purposes of requirements pertaining to food  
            facilities that package food, that a food facility is not  
            required to have an HACCP plan if the facility uses a  
            reduced-oxygen packaging method to package hazardous food that  
            always complies with the following standards:

                  a)        The food is labeled with the production time  
                    and date;
                  b)        The food is held at 41 degrees Fahrenheit or  
                    lower during refrigerated storage; and,
                  c)        The food is removed from its package in the  
                    food facility within 48 hours after packaging.

          13)Clarifies that "juicing" is considered preparing a beverage,  
            and is therefore only subject to the more minor "limited food  
            preparation" requirements.

          14)Contains other minor, technical updates and revisions to the  
            CalCode.

           FISCAL  
          EFFECT  :  This bill has not been analyzed by a fiscal committee.
          
          COMMENTS  :
          1)Author's statement.  According to the author, in 2013, the  
            federal Food and Drug Administration (FDA) updated the "Model  
            Food Code." The Food Code is a model for safeguarding public  
            health and ensuring food is unadulterated and honestly  
            presented when offered to the consumer, and represents FDA's  
            best advice for a uniform system of provisions that address  
            the safety and protection of food offered at retail and in  
            food service. The author states that that California adopted  
            the Model Food Code in 2006, and because none of the Model  








          SB 1067 (Huff)                                      Page 6 of ?
          
          
            Food Code has been adopted in implementing regulations, all of  
            the updates needed to be incorporated into statute.

          With regard to recent amendments that incorporated provisions  
            relating to food allergies (not part of the Model Food Code),  
            the author states that food allergies are an increasing food  
            safety and public health issue, affecting approximately 4  
            percent of the U.S. population. Restaurant and retail food  
            service managers and employees need to be aware of the serious  
            nature of food allergies, including allergic reactions,  
            anaphylaxis, and death; to know the eight major food  
            allergens; to understand food allergen ingredient identities  
            and labeling; and to avoid cross-contact during food  
            preparation and service. This bill will clarify that as part  
            of their duties, the Certified Food Manager will also now be  
            required to provide training on food allergy awareness  
            training to the "person in charge" and the food handlers, as  
            it relates to their assigned duties. Currently ServSafe and  
            the other approved testing providers already include food  
            allergy awareness as part of the training curriculum. 

          2)Double referral. This bill has been double-referred. Should it  
            pass out of this committee, it will be referred to the Senate  
            Judiciary Committee.

          3)Related legislation. SB 1258 (Huff) requires a school  
            district, county office of education, and charter school to  
            develop a comprehensive policy, as specified, in coordination  
            with specified individuals, to protect pupils with allergies.  
            Sb 1258 is currently pending in this committee.

          SB 969 (Nguyen) would permit a food facility to sell Vietnamese  
            rice cakes, as defined, that have been at room temperature for  
            up to 48 hours, notwithstanding provisions of law that require  
            potentially hazardous foods to either be refrigerated or kept  
            hot. SB 969 is currently pending in this committee.

          4)Prior legislation. AB 2130 (Pan and Gatto, Chapter 75,  
            Statutes of 2014), repealed provisions of law enacted last  
            year that prohibits retail food employees from contacting  
            exposed ready-to-eat foods with their bare hands, and replaces  
            these provisions with the law that existed prior to the  
            enactment of these provisions, which require food employees to  
            minimize bare hand contact with ready-to-eat foods.
          








          SB 1067 (Huff)                                      Page 7 of ?
          
          
            AB 1252 (Committee on Health), made numerous technical,  
            clarifying, and non-controversial changes to the CalCode, and  
            prohibited bare hand contact with ready-to-eat food without  
            prior authorization from the local environmental health  
            department.

            SB 144 (Runner, Chapter 23, Statutes of 2006), established the  
            CalCode 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.
            
          5)Support.  This bill is supported by the California Association  
            of Environmental Health Administrators (CAEHA), which states  
            it will make several technical changes to CalCode to ensure  
            that California law is more consistent with the  
            nationally-adopted Model Food Code. CAEHA states that it is a  
            founding member of the California Retail Food Safety  
            Coalition, a collaboration of more than 60 federal, state and  
            local regulators and retail food industry representatives who  
            have been working for the past 15 years to improve our  
            California retail food safety laws and make them more  
            consistent with the Model Food Code which is periodically  
            updated. CAEHA states that in addition to establishing clear  
            allergen awareness knowledge for persons in charge of retail  
            food outlets, the bill addresses several other inconsistencies  
            in CalCode, including those pertaining to HACCP plans and  
            health risk disclosure, and provides for greater opportunities  
            for juicing fresh vegetables.

           SUPPORT AND OPPOSITION  :
          Support:  California Association of Environmental Health  
                    Administrators
          
          Oppose:   None received
          
                                      -- END --