BILL NUMBER: AB 396 CHAPTERED
BILL TEXT
CHAPTER 366
FILED WITH SECRETARY OF STATE AUGUST 26, 1997
APPROVED BY GOVERNOR AUGUST 26, 1997
PASSED THE ASSEMBLY AUGUST 7, 1997
PASSED THE SENATE AUGUST 4, 1997
AMENDED IN SENATE JULY 2, 1997
AMENDED IN ASSEMBLY APRIL 28, 1997
AMENDED IN ASSEMBLY APRIL 10, 1997
INTRODUCED BY Assembly Member Kaloogian
FEBRUARY 20, 1997
An act to add and repeal Sections 113996, 113998, and 113998.1 of
the Health and Safety Code, relating to food facilities.
LEGISLATIVE COUNSEL'S DIGEST
AB 396, Kaloogian. Food facilities.
Existing law, the California Uniform Retail Food Facilities Law,
administered by the State Department of Health Services, establishes
uniform health and sanitation standards for retail food facilities,
as defined. The law requires the State Department of Health Services
to adopt regulations to implement and administer those provisions,
and delegates primary enforcement duties to local health agencies.
Violation of the California Uniform Retail Food Facilities Law and
regulations adopted pursuant thereto is a crime.
Existing law requires that all potentially hazardous food be held
at or below 5 degrees Celsius (41 degrees Fahrenheit) or kept at or
above 60 degrees Celsius (140 degrees Fahrenheit) at all times, with
certain exceptions.
The bill would require that all ready-to-eat foods prepared at the
food facility from raw or incompletely cooked animal tissues be
thoroughly cooked prior to serving, as prescribed, with certain
exceptions for ready-to-eat foods made from or containing eggs,
comminuted meat, or single pieces of meat, including fish and
seafood, where there is a specific consumer order. The bill would
prescribe higher minimum internal temperatures and additional
preparation requirements for foods containing raw or incompletely
cooked animal tissues that are prepared in a microwave.
The bill would require that potentially hazardous food cooked,
cooled, and reheated by a food facility and subsequently reheated for
the purpose of immediate serving or hot holding, be heated to a
minimum internal temperature of 74 degrees Celsius (165 degrees
Fahrenheit). However, the bill would require instead that certain
ready-to-eat potentially hazardous food be heated to a temperature of
at least 60 degrees Celsius (140 Fahrenheit) for hot holding.
The bill would repeal the above provisions on January 1, 2001.
This bill would require the department to report to the Legislature
on or before July 1, 1999, regarding the enforcement of these
provisions.
By changing the definition of an existing crime and expanding the
enforcement duties of local health agencies, 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, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
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.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. This act shall be known and may be cited as the Lauren
Beth Rudolph Food Safety Act of 1997.
SEC. 2. Section 113996 is added to the Health and Safety Code, to
read:
113996. (a) All ready-to-eat foods prepared at the food facility
from raw or incompletely cooked animal tissues shall be thoroughly
cooked prior to serving. For purposes of this subdivision, food
shall be thoroughly cooked if it conforms to the following
requirements, except as specified in subdivision (b):
(1) Comminuted meat or any food containing comminuted meat shall
be heated to a minimum internal temperature of 69 degrees Celsius
(157 degrees Fahrenheit), or an optional internal temperature of 68
degrees Celsius (155 degrees Fahrenheit) for 15 seconds.
(2) Eggs and foods containing raw eggs shall be heated to a
minimum internal temperature of 63 degrees Celsius (145 degrees
Fahrenheit).
(3) Pork shall be heated to a minimum internal temperature of 68
degrees Celsius (155 degrees Fahrenheit).
(4) Poultry, comminuted poultry, stuffed fish, stuffed meat,
stuffed poultry, and any food stuffed with fish, meat, or poultry
shall be heated to a minimum internal temperature of 74 degrees
Celsius (165 degrees Fahrenheit).
(b) When foods containing raw or incompletely cooked animal
tissues specified in this section are prepared in a microwave oven,
they shall be heated at a minimum internal temperature of 14 degrees
Celsius (25 degrees Fahrenheit) above the minimum temperatures
specified in subdivision (a). During microwaving, the food shall be
completely enclosed in a container and periodically stirred or
rotated to assure even heat distribution. Upon the completion of
microwaving, the enclosed food shall be left standing for a minimum
of two minutes to assure temperature equilibrium. This subdivision
does not apply to the heating of ready-to-eat cooked foods or the
defrosting of food items.
(c) Ready-to-eat foods made from or containing eggs or comminuted
meat, or single pieces of meat, including beef, veal, lamb, pork,
fish, and seafood, that have not been thoroughly cooked as provided
in this section may be served if the consumer specifically orders
that these foods be individually prepared less than thoroughly
cooked.
(d) The department shall authorize alternative time and
temperature minimum heating requirements to thoroughly cook the food
identified in this section when the food facility or person
demonstrates to the department that the alternative heating
requirements provide an equivalent level of food safety.
(e) For purposes of this section, "meat" means the tissue of
animals used as food, including beef, veal, lamb, pork, and other
edible animals, except eggs, fish, and poultry, that is offered for
human consumption.
(f) It is the intent of the Legislature that the requirements of
this section be uniformly enforced. The department shall train and
provide guidance to local health departments to promote uniform
enforcement of the requirements specified in this section.
(g) This section shall remain in effect only until January 1,
2001, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2001, deletes or extends
that date.
SEC. 3. Section 113998 is added to the Health and Safety Code, to
read:
113998. (a) Any potentially hazardous food cooked, cooled, and
reheated by a food facility and subsequently reheated for the purpose
of immediate serving or hot holding shall be heated to a minimum
internal temperature of 74 degrees Celsius (165 degrees Fahrenheit).
(b) This section shall remain in effect only until January 1,
2001, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2001, deletes or extends
that date.
SEC. 4. Section 113998.1 is added to the Health and Safety Code,
to read:
113998.1. (a) Notwithstanding Section 113998, ready-to-eat
potentially hazardous food taken from a commercially processed,
hermetically sealed container or from an intact package from a food
processing plant that is inspected by the food regulatory authority
that has jurisdiction over the plant, shall be heated to a
temperature of a least 60 degrees Celsius (140 degrees Fahrenheit)
for hot holding. No minimum temperature is required if the food
described in this section is prepared for immediate service.
(b) This section shall remain in effect only until January 1,
2001, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2001, deletes or extends
that date.
SEC. 5. The State Department of Health Services shall report to
the Legislature on or before July 1, 1999, regarding the enforcement
of Sections 113996 and 113998 of the Health and Safety Code.
SEC. 6. No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
However, notwithstanding Section 17610 of the Government Code, 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. If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.
Notwithstanding Section 17580 of the Government Code, unless
otherwise specified, the provisions of this act shall become
operative on the same date that the act takes effect pursuant to the
California Constitution.