BILL ANALYSIS �
AB 1427
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 1427 (Solorio)
As Amended August 23, 2012
Majority vote
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|ASSEMBLY: | |(May 12, 2011) |SENATE: |35-0 |(August 28, |
| | | | | |2012) |
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(vote not relevant)
Original Committee Reference: INS.
SUMMARY : Adds a solution of ozone that meets specified federal
regulations and that is generated by an on-site device that
meets specified federal requirements to the list of chemical
solutions authorized in existing law for use in the manual
sanitization of utensils and equipment in food facilities.
The Senate amendments delete the Assembly version of this bill
and, instead, include in the list of chemical solutions allowed
under existing law to be used in the manual sanitization of
utensils and equipment in food facilities a solution of ozone
that meets specified federal regulations and that is generated
by an on-site device that meets all of the following
requirements:
1)Complies with existing federal law, as specified, and with
existing federal chlorine, iodine, and quaternary ammonium
requirements as specified in federal regulations.
2)Displays the United States Environmental Protection Agency
(EPA) device manufacturing facility registration number on the
device.
3)Is operated and maintained in accordance with the
manufacturer's instructions and manufactured using good
manufacturing practices as specified in federal regulations.
EXISTING LAW :
1)Establishes the California Retail Food Code (CRFC), to govern
food safety and sanitation standards for food facilities and
vests local environmental health departments (LEHDs) with
primary responsibility for enforcing the CRFC.
AB 1427
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2)Requires all food facilities to provide manual methods to
effectively clean and sanitize utensils and equipment at the
facility, as specified.
3)Establishes, in federal regulations, a list of chemical
sanitizers, including chlorine, iodine, and quaternary
ammonium, that are approved for use in the sanitation of food
facilities.
4)Authorizes the use of chlorine, iodine, and quaternary
ammonium, at specified concentrations and durations, for use
in the manual sanitation of utensils and equipment during the
final rinse. Authorizes manual sanitation to also be
accomplished by immersion in water above a specified
temperature for a specified duration, or by other methods
approved by the LEHD.
AS PASSED BY THE ASSEMBLY , this bill repealed an obsolete
requirement of the Bureau of State Audits to submit a report on
workers' compensation.
FISCAL EFFECT : According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS : The CRFC was established 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. The CRFC is modeled after the federal Model
Food Code, published by the Food and Drug Administration every
four years, to assist 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 (i.e., restaurants, grocery
stores and institutions such as nursing homes). Among other
things, the CRFC establishes uniform food safety and sanitation
requirements for local jurisdictions to follow and delegates
authority to LEHDs to adopt food safety inspection programs with
oversight by the state Department of Public Health. LEHDs are
granted the authority to inspect food facilities, immediately
suspend a permit, conduct hearings, take samples or other
evidence, impound food or equipment, and issue reports as
necessary to protect the public's health. The CRFC also gives
LEHDs authority to approve of other methods of manual
sanitization for food facilities.
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The CRFC specifically identifies chlorine, iodine, and
quaternary ammonium as chemical sanitizers to be used in a
sanitizing solution for manual warewashing of utensils and
equipment in food facilities. The CRFC also gives LEHDs
authority to approve of other methods of manual sanitization for
food facilities. Chemical sanitizers are regulated at the
federal level by the EPA. Once approved by the EPA for use for
a particular application, the product is included in
regulations. Currently, chlorine, iodine, and quaternary
ammonium are included in the list of approved sanitizers
specified in federal regulations, while ozone disinfectants are
not.
This bill would require an ozone solution to be approved as a
chemical sanitizer in federal regulations and to meet various
federal requirements governing device, labeling, and
manufacturing practices in order to be added as an allowable
sanitizer in the CRFC. Given that the provisions of this bill
are contingent upon action that has yet to be taken at the
federal level and existing law already allows LEHDs to approve
other methods of manual sanitization in food facilities, the
need for this bill is unclear.
This bill was substantially amended in the Senate and the
Assembly-approved version of this bill was deleted. This bill,
as amended in the Senate, is inconsistent with Assembly actions
and the provisions of this bill have not been heard in an
Assembly policy committee.
Analysis Prepared by : Cassie Royce / HEALTH / (916) 319-2097
FN: 0005635