BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    SB 1067


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          Date of Hearing:  June 14, 2016


                            ASSEMBLY COMMITTEE ON HEALTH


                                   Jim Wood, Chair


          SB  
          1067 (Huff) - As Amended May 25, 2016


          SENATE VOTE:  36-0


          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 knowledge of major food allergens.   
          Specifies the knowledge and educational responsibilities  
          required of the person in charge of a food facility regarding  
          major food allergens.  Revises 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.  Specifically, 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;








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             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.



          1)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.

          2)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 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  








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               requirement by, among other methods, using a poster or job  
               aid to which the employee can refer.



          3)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.

          4)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.



          5)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 the steak meets the  
               definition of whole-muscle, intact beef, or is deemed  
               acceptable by the enforcement agency based on other  








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               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.



          6)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.



          7)Repeals a provision 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  








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            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.  Replaces the  
            repealed provision with new provisions noted in 9), 10), and  
            11) below.

          8)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.  


          9)Specifies, 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 are served raw or undercooked.



          10)Specifies, 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:  



             a)   Written information regarding the safety of these food  
               items is available upon request; or,  

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









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          11)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.



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

          13)Contains other minor, technical updates and revisions to the  
            California Retail Food Code (CRFC).



          EXISTING LAW:   



          1)Establishes the CRFC 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  








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            there is a charge, at the retail level. 



          3)Requires a food facility to designate a "person in charge" and  
            requires the 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  
            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.


          FISCAL EFFECT:  According to the Senate Appropriations  








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          Committee, pursuant to Senate Rule 28.8, negligible state costs.


          COMMENTS:  


          1)PURPOSE OF THIS BILL.  According to the author, this bill is  
            necessary because it updates the CRFC to conform to the model  
            Food Code adopted by the federal Food and Drug Administration  
            (FDA) in 2013.  The author states that this bill cleans up  
            sections of the CRFC to conform to the federal model.   
            Although 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% 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 food service.   
            This bill clarifies that as part of their duties, food  
            managers will also be required to provide food allergy  
            awareness training to employees.  The author notes that  
            currently ServSafe, a food handler certifying program  
            sponsored by the National Restaurant Association, includes  
            food allergy awareness as part of their training curriculum.

          2)BACKGROUND.  The FDA publishes the Food Code, a model that  
            assists food control jurisdictions at all levels of government  
            by providing them with a scientifically sound technical and  
            legal basis for regulating the retail and food service segment  
            of the industry (restaurants and grocery stores and  
            institutions such as nursing homes). Local, state, tribal, and  
            federal regulators use the FDA Food Code as a model to develop  
            or update their own food safety rules and to be consistent  
            with national food regulatory policy.  The 2013 Food Code is  
            the most recent full edition published by FDA.










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          3)SUPPORT.  The California Retail Food Safety Coalition, a  
            collaboration of more than 60 federal, state, local  
            regulators, retail food industry representatives, and the  
            sponsor of this bill, argue that it provides equivalency  
            between CRFC and the FDA Food Code.  The Allergy and Asthma  
            Network and the Asthma and Allergy Foundation of America note  
            that 15 million Americans are affected by food allergies and  
            argue that it is important for restaurant and retail food  
            managers and employees to be aware of the serious nature of  
            food allergies, and to understand the best practices for  
            managing the potential for an adverse reaction to occur in a  
            retail food setting.




          4)PREVIOUS LEGISLATION.


          
             a)   AB 2130 (Pan and Gatto), Chapter 75, Statutes of 2014,  
               repeals provisions of law enacted in 2013 that prohibits  
               retail food employees from coming in contact with exposed  
               ready-to-eat foods with their bare hands, and replaced  
               these provisions with prior law                              
                that requires food employees to minimize bare hand contact  
               with ready-to-eat foods.

             b)   AB 1252 (Committee on Health), Chapter 556, Statutes of  
               2013, made numerous technical, clarifying, and  
               non-controversial changes to the CRFC, and prohibited bare  
               hand contact with ready-to-eat food without prior  
               authorization from the local environmental health  
               department.

             c)   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  








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               states, as well as to enhance food safety laws based on the  
               best available science.



          5)RELATED LEGISLATION.  

             a)   SB 969 (Nguyen) permits a food facility to sell  
               Vietnamese rice cakes 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 passed the Senate and is  
               currently pending in the Assembly Health Committee.

             b)   SB 1258 (Huff) would have required each local  
               educational agency to develop and have in place a  
               comprehensive policy to protect students with food  
               allergies.  SB 1258 was held on the Senate Appropriations  
               Committee Suspense File.



          6)TECHNICAL AMENDMENT.  The author intends to propose the  
            following technical amendment:  On page 13, line 24, delete  
            "an undercounter warewashing machine" and replace with "a  
            mechanical warewashing machine."

          REGISTERED SUPPORT / OPPOSITION:




          Support


          California Retail Food Safety Coalition (sponsor)


          Allergy and Asthma Network








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          Asthma and Allergy Foundation of America


          California Association of Environmental Health Administrators


          California Retail Food Safety Coalition


          Food Allergy Research and Education 




          Opposition


          None on file.




          Analysis Prepared by:John Gilman / HEALTH / (916) 319-2097