BILL NUMBER: AB 1427 AMENDED
BILL TEXT
AMENDED IN SENATE JULY 2, 2012
AMENDED IN SENATE MAY 1, 2012
INTRODUCED BY Assembly Member Solorio
MARCH 22, 2011
An act to amend Section 114099.6 of the Health and Safety Code,
relating to food.
LEGISLATIVE COUNSEL'S DIGEST
AB 1427, as amended, Solorio. Food facilities:
Sanitization. sanitization .
Existing law, the California Retail Food Code, requires all food
facilities in which food is prepared, or in which multiservice
utensils and equipment are used, to provide manual methods to
effectively clean and sanitize utensils, as specified. Existing law
requires manual sanitization to be accomplished in a number of
prescribed ways, including the application of sanitizing chemicals by
immersion, manual swabbing, or brushing, using specified solutions.
The law requires the State Department of Public Health to implement
and administer those provisions, and delegates primary enforcement
duties to local health agencies. A violation of these provisions is a
misdemeanor.
This bill would authorize manual sanitization to be accomplished
by immersion, manual swabbing, or brushing, using a solution
of 0.5 ppm ozone for at least 30 seconds chemical
sanitizer that meets specified requirements, including compliance
with specified federal laws and regulations . By increasing the
duties of local officials, this 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, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
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 114099.6 of the Health and Safety Code is
amended to read:
114099.6. Manual sanitization shall be accomplished in the final
sanitizing rinse by one of the following:
(a) Immersion for at least 30 seconds where the water temperature
is maintained at 171 F 171 degrees
Fahrenheit or above.
(b) The application of sanitizing chemicals by immersion, manual
swabbing, or brushing, using one of the following solutions:
(1) Contact with a solution of 100 ppm available chlorine solution
for at least 30 seconds.
(2) Contact with a solution of 25 ppm available iodine for at
least one minute.
(3) Contact with a solution of 200 ppm quaternary ammonium for at
least one minute.
(4) Contact with a solution of 0.5 ppm ozone for at least
30 seconds. chemical sanitizer generated by a device
located onsite at the food facility that meets all of the following
requirements:
(A) Complies with the Federal Insecticide, Fungicide, and
Rodenticide Act (7 U.S.C. Sec. 136 et seq.).
(B) Complies with federal device requirements as specified in
Section 152.500 of Title 40 of the Code of Federal Regulations, and
federal labeling requirements as specified in Section 156.10 of Title
40 of the Code of Federal Regulations.
(C) Displays the United States Environmental Protection Agency
device manufacturing facility registration number on the device.
(D) Is operated and maintained in accordance with manufacturer's
instructions, and good manufacturing practices as specified in Part
110 of Title 21 of the Code of Federal Regulations.
(5) Contact with any chemical sanitizer that meets the
requirements of Section 180.940 of Title 40 of the Code of Federal
Regulations when used in accordance with the manufacturer's use
directions.
(c) Other methods approved by the enforcement agency.
SEC. 2. If the Commission on State Mandates determines that this
act contains 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.