BILL NUMBER: SB 1465 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 27, 2012
AMENDED IN ASSEMBLY JUNE 11, 2012
AMENDED IN SENATE MAY 29, 2012
AMENDED IN SENATE MAY 9, 2012
AMENDED IN SENATE MAY 1, 2012
AMENDED IN SENATE APRIL 18, 2012
AMENDED IN SENATE APRIL 9, 2012
INTRODUCED BY Senator Yee
(Coauthor: Senator Correa)
(Coauthors: Assembly Members Ammiano, Blumenfield, Huffman, and
Wieckowski)
FEBRUARY 24, 2012
An act to amend Sections 111223 , 114429, and
114429.5 of the Health and Safety Code, relating to food safety.
LEGISLATIVE COUNSEL'S DIGEST
SB 1465, as amended, Yee. Food safety: Asian rice-based noodles:
Korean rice cakes.
Existing law, the Sherman Food, Drug, and Cosmetic Law, requires
all manufacturers of Asian rice-based noodles to place labels on the
Asian rice-based noodles that indicate the date and time of
manufacture and include a warning that the Asian rice-based noodles
are perishable and must be consumed within 4 hours of manufacture.
Violation of these provisions is a misdemeanor.
Existing law, the California Retail Food Code, establishes uniform
health and sanitation standards for retail food facilities, as
defined. The law requires the State 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.
Existing law authorizes the sale of Asian rice-based noodles, as
defined, that have been at room temperature for no more than 4 hours,
and prohibits the sale of Asian rice-based noodles unless they have
the above-described labeling.
This bill would revise the labeling and sale
requirements to reflect that Asian rice-based noodles must be
consumed within 24 hours one day of
manufacture. This bill would exempt Asian rice-based noodles
from the above-described time-temperature requirements if the Asian
rice-based noodles contain a certain nonanimal-based ingredient and
do not support the rapid and progressive growth of specified
microorganisms.
By imposing new duties upon local agencies and changing the
definition of a crime, this bill would impose a state-mandated local
program.
Existing law authorizes the sale of Korean rice cakes, as defined,
that have been at room temperature for no more than 24 hours and
requires the destruction of Korean rice cakes that have been at room
temperature for no more than 24 hours.
This bill instead would require the destruction of Korean rice
cakes that have been at room temperature for more than 24 hours.
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 with regard to certain mandates no
reimbursement is required by this act for a specified reason. With
regard to any other mandates, this bill would provide that, if the
Commission on State Mandates determines that the bill contains costs
so mandated by the state, reimbursement for those costs shall be made
pursuant to the statutory provisions noted above.
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 111223 of the Health and Safety Code is amended
to read:
111223. (a) All manufacturers of Asian rice-based noodles shall
place a label on the packaging of Asian rice-based noodles that
indicates the date and time of manufacture and includes a statement
that the Asian rice-based noodles are perishable and must be consumed
within one day of manufacture.
(b) All manufacturers of Korean rice cakes shall place a label
issued by the Korean Rice Cake Association Corporation on the Korean
rice cake that indicates the date of manufacture. The Korean rice
cakes cake's label shall include a
statement that the rice cake must be consumed within one day of
manufacture.
SEC. 2. Section 114429 of the Health and Safety
Code is amended to read:
114429. (a) Notwithstanding Sections 113996 and 114343 and if
permitted by federal law, a food facility may sell Korean rice cakes
that have been at room temperature for no more than 24 hours.
(b) At the end of the operating day, Korean rice cakes that have
been at room temperature for more than 24 hours shall be destroyed in
a manner approved by the enforcement agency.
(c) For purposes of this section, a "Korean rice cake" is defined
as a confection that contains rice powder, salt, sugar, various
edible seeds, oil, dried beans, nuts, dried fruits, and dried
pumpkin. The ingredient shall not include any animal fats or any
other products derived from animals.
(d) All manufacturers of Korean rice cakes shall place a label on
the Korean rice cake as prescribed by Section 111223.
SEC. 3. SEC. 2. Section 114429.5 of
the Health and Safety Code is amended to read:
114429.5. (a) Notwithstanding Sections 113996 and 114343, and if
permitted by federal law, a food facility may sell Asian rice-based
noodles that have been kept at room temperature for no more than
24 four hours.
(b) Asian rice-based noodles that have been kept at room
temperature shall be consumed, cooked, or destroyed in a manner
approved by the local enforcement agency within four hours of
manufacture.
(b)
(c) At the end of the operating day, Asian rice-based
noodles that have been kept at room temperature for more than
24 four hours shall be destroyed in a
manner approved by the local enforcement agency.
(c)
(d) (1) For purposes of this
section, an "Asian rice-based noodle" is defined as
means a confection that contains rice powder,
water, wheat starch, and vegetable cooking oil. The ingredients shall
not include any animal fats or any other products derived from
animals. An Asian rice-based noodle is prepared by using a
traditional method that includes cooking by steaming at not less than
130 degrees Fahrenheit, for not less than four minutes.
(2) If the Asian rice-based noodles contain a nonanimal-based
ingredient, including, but not limited to, sodium acid sulfate, to
maintain the Asian rice-based noodles at a ph of 4.6 or below at a
temperature of 76 degrees Fahrenheit and the Asian rice-based noodles
do not support the rapid and progressive growth of infectious or
toxigenic microorganisms, subdivisions (a) to (c), inclusive, shall
not apply to the Asian rice-based noodles.
(d)
(e) All manufacturers of Asian rice-based noodles shall
place a label on the Asian rice-based noodle as prescribed by
Section 111223.
SEC. 4. SEC. 3. No reimbursement is
required by this act pursuant to Section 6 of Article XIII B of the
California Constitution for certain costs that may be incurred by a
local agency or school district because, in that regard, this act
creates a new crime or infraction, eliminates a crime or infraction,
or changes the penalty for a crime or infraction, within the meaning
of Section 17556 of the Government Code, or changes the definition of
a crime within the meaning of Section 6 of Article XIII B of the
California Constitution.
However, if the Commission on State Mandates determines that this
act contains other 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.