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)
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|COMMITTEE VOTE: |17-0 |(August 29, 2012) |RECOMMENDATION: |concur |
|(HEALTH) | | | | |
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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 :
AB 1427
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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.
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
AB 1427
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methods of manual sanitization for food facilities.
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: 0005824