BILL NUMBER: SB 173 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 1, 2009
AMENDED IN SENATE MAY 6, 2009
AMENDED IN SENATE APRIL 20, 2009
INTRODUCED BY Senator Florez
FEBRUARY 14, 2009
An act to add Sections 110153 and 111836 to, and to add
Article 6.7 An act to add Article 6.7
(commencing with Section 110808) to Chapter 5 of Part 5 of Division
104 of , the Health and Safety Code, relating to
food safety.
LEGISLATIVE COUNSEL'S DIGEST
SB 173, as amended, Florez. Food safety: testing and recalls.
Existing law, the Sherman Food, Drug, and Cosmetic Law,
authorizes, for purposes of enforcement of the law, an authorized
agent of the State Department of Public Health to, among other
things, enter any factory, warehouse, or establishment in which any
food is manufactured, packed, or held, enter any vehicle that is
being used to transport or hold the food, and inspect any factory,
warehouse, establishment, vehicle, or place, and all pertinent
equipment, raw material, finished and unfinished materials,
containers, and labeling in the factory, warehouse, establishment,
vehicle, or place. Existing law authorizes the agent to secure any
sample or specimen of any food, as specified. It is unlawful for any
person to refuse to permit entry or inspection, the taking of samples
or other evidence, or access to copying of any record as authorized
by this part, or to conceal the samples or evidence, or withhold
evidence concerning them. A violation of the law is a misdemeanor.
This bill would require every food grower or food processor that
subjects food that it grows or processes to testing to determine the
presence of a microbe, pathogen, poisonous chemical, or other harmful
substance that may cause food-borne disease to maintain accurate
records with the results of these tests, as specified, and report to
the department test results that indicate the presence of a microbe,
pathogen, poisonous chemical, or other harmful substance that may
cause food-borne disease.
This bill would require authorize
the State Public Health Officer to adopt regulations regarding
the voluntary recall of food to prevent,
circumscribe, or eliminate any condition if the food may carry an
illness, infection, pathogen, contagion, toxin, or condition
that, without intervention, could transmit an illness that
could kill or seriously affect the health of humans, as specified.
This bill would require every food grower or food processor that
grows or processes food that causes the outbreak of a food-borne
disease and is subject to a mandatory recall by the department to be
subject to specified requirements, except under certain
circumstances.
By creating a new crime, this bill would create 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 no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes no .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 110153 is added to the
Health and Safety Code, to read:
110153. (a) Every food grower or food processor that subjects
food that it grows or processes to testing to determine the presence
of a microbe, pathogen, poisonous chemical, or other harmful
substance that may cause food-borne disease shall maintain accurate
records with the results of these tests for at least two years after
receipt of the test results. These records shall be subject to
inspection pursuant to this part.
(b) Every food grower or food processor described in subdivision
(a) that receives test results that indicate the presence of a
microbe, pathogen, poisonous chemical, or other harmful substance
that may cause food-borne disease shall report these test results to
the department within one hour of receipt in accordance with
department regulations regarding the method of reporting.
SEC. 2. SECTION 1. Article 6.7
(commencing with Section 110808) is added to Chapter 5 of Part 5 of
Division 104 of the Health and Safety Code, to read:
Article 6.7. Food Recalls
110808. Subject to the rights and procedures established pursuant
to Chapter 4.5 (commencing with Section 11400) of Division 3 of
Title 2 of the Government Code, and in accordance with regulations
adopted pursuant to this code, the State Public Health
Officer shall recall food if he or she believes, upon any basis
reasonably supportable by standard epidemiological practice or
credible scientific research, that the food may carry an illness,
infection, pathogen, contagion, toxin, or condition that, without
Health Officer may adopt regulations for the voluntary
recall of food that, without intervention, could transmit an
illness that could kill or seriously affect the health of humans,
including, in addition to the original condition, those clinically
plausible secondary illnesses, infections, pathogens, contagions,
toxins, or conditions arising from the effects of the original.
SEC. 3. Section 111836 is added to the Health
and Safety Code, to read:
111836. (a) Except as provided in subdivision (b), every food
grower or processor that grows or processes food that causes the
outbreak of a food-borne disease and is subject to a mandatory recall
by the department shall be subject to all of the following:
(1) If the food grower or food processor is determined to be
liable for damages arising from a cause of action brought by a person
harmed by the food, the food grower or food processor shall also be
liable to the plaintiff for treble damages.
(2) Onsite inspections by an authorized agent of the department at
a frequency determined by the department to prevent any additional
outbreaks of a food-borne disease, but not less than eight days per
month for a period of at least 12 months. The food grower or food
processor shall be liable for the costs of these inspections.
(3) A suspension of operations for an amount of time determined by
the department to prevent any additional outbreaks of a food-borne
disease, but not to exceed six months.
(b) Every food grower or food processor that grows or processes
food that causes the outbreak of a food-borne disease and is subject
to a mandatory recall by the department shall be exempt from the
requirements of subdivision (a) if the food grower or food processor
does both of the following:
(1) Has a written Hazard Analysis and Critical Control Point Plan
that delineates the formal procedures for following the Hazard
Analysis and Critical Control Point principles developed by the
National Advisory Committee on Microbiological Criteria for Foods, or
a written Good Agriculture Practices program in place of a Hazard
Analysis and Critical Control Point Plan, where determined to be
appropriate.
(2) Routinely subjects food that it grows or processes to testing
to determine the presence of a microbe, pathogen, poisonous chemical,
or other harmful substance that may cause food-borne disease in
accordance with good standards and practices of the industry.
(c) Nothing in this part shall be construed to require a food
grower or food processor to meet the requirements of paragraph (1) or
(2) of subdivision (b).
SEC. 4. No reimbursement is required by this
act pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because 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.