BILL ANALYSIS                                                                                                                                                                                                    �



                                                                      



           ------------------------------------------------------------ 
          |SENATE RULES COMMITTEE            |                   SB 359|
          |Office of Senate Floor Analyses   |                         |
          |1020 N Street, Suite 524          |                         |
          |(916) 651-1520         Fax: (916) |                         |
          |327-4478                          |                         |
           ------------------------------------------------------------ 
           
                                         
                              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, 
                                                           CONTINUED





                                                                SB 359
                                                                Page 
          2

          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 

                                                           CONTINUED





                                                                SB 359
                                                                Page 
          3

             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

                                ****  END  ****
          



                                                           CONTINUED





                                                                SB 359
                                                                Page 
          4














































                                                           CONTINUED