BILL ANALYSIS �
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UNFINISHED BUSINESS
Bill No: SB 359
Author: Hernandez (D)
Amended: 6/27/12
Vote: 21
PRIOR VOTES NOT RELEVANT
SENATE APPROPRIATIONS COMMITTEE : 8-0, 1/19/12
AYES: Kehoe, Walters, Alquist, Emmerson, Lieu, Pavley,
Price, Steinberg
NO VOTE RECORDED: Runner
ASSEMBLY FLOOR : 79-0, 8/16/12 (Consent) - See last page
for vote
SUBJECT : Food facilities: hand washing
SOURCE : Author
DIGEST : This bill makes a number of technical,
clarifying, and conforming changes to existing law
governing food safety and sanitation requirements for
retail food facilities in California.
Assembly Amendments specify that provisions relating to the
labeling of food that includes trans fats shall apply to
food that is stored, distributed, served by, or used within
mobile food facilities and temporary food facilities.
ANALYSIS : Existing law, the California Retail Food Code,
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establishes uniform health and sanitation standards for
mobile food facilities and retail food facilities, as
defined. The law requires the Department of Public Health
to adopt regulations to implement and administer those
provisions, and delegates primary enforcement duties to
local health agencies. A violation of any of these
provisions is punishable as a misdemeanor.
The Code requires food employees to report to the person in
charge of a food facility when a food employee has a lesion
or wound that is open or draining unless specified
conditions to cover or protect the lesion are met. The Code
requires all employees to wash their hands in specified
instances, including before donning gloves for working with
food.
The Code also requires gloves to be worn when contacting
food and food-contact surfaces under specified conditions,
including when the employee has any cuts, sores, or rashes.
Gloves are required to be changed, replaced, or washed as
often as hand washing is required.
This bill:
1. Allows the hot holding of nonprepackaged, potentially
hazardous food to be part of limited food preparation
under certain conditions.
2. Requires food handler employees to wash their hands
before initially donning gloves for working with food,
when changing tasks, prior to working with ready-to-eat
or raw foods, and when gloves become damaged or soiled.
3. Prescribes requirements for the use of single-use gloves
and prohibits them from being washed for subsequent use.
4. Requires an employee with a cut, sore, rash, lesion, or
wound to take specified precautions when contacting
food, and prohibits an employee who has an open or
draining lesion or wound from handling food.
5. Authorizes food facilities to use temporary alternative
storage methods and locations for food storage as
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approved by the local environmental health department
(LEHD).
Comments
According to the Senate Appropriations Committee, "The
bill's provisions are not anticipated to impose any
significant additional costs on local agencies that enforce
these positions. Because local agencies have the authority
to impose regulatory fees, the bill does not impose a
reimbursable state mandate."
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
According to the Assembly Appropriations Committee, there
are no significant costs associated with this bill.
ASSEMBLY FLOOR : 79-0, 8/16/12
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall,
Bill Berryhill, Block, Blumenfield, Bonilla, Bradford,
Brownley, Buchanan, Butler, Charles Calderon, Campos,
Carter, Cedillo, Chesbro, Conway, Cook, Davis, Dickinson,
Donnelly, Eng, Feuer, Fletcher, Fong, Fuentes, Furutani,
Beth Gaines, Galgiani, Garrick, Gatto, Gordon, Gorell,
Grove, Hagman, Halderman, Hall, Harkey, Hayashi, Roger
Hern�ndez, Hill, Huber, Hueso, Huffman, Jeffries, Jones,
Knight, Logue, Bonnie Lowenthal, Ma, Mansoor, Mendoza,
Miller, Mitchell, Monning, Morrell, Nestande, Nielsen,
Norby, Olsen, Pan, Perea, V. Manuel P�rez, Portantino,
Silva, Skinner, Smyth, Solorio, Swanson, Torres, Valadao,
Wagner, Wieckowski, Williams, Yamada, John A. P�rez
NO VOTE RECORDED: Lara
CTW:m 8/17/12 Senate Floor Analyses
SUPPORT/OPPOSITION: NONE RECEIVED
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