BILL NUMBER: SB 1465	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  AUGUST 13, 2012
	AMENDED IN ASSEMBLY  AUGUST 6, 2012
	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   Coauthor:
  Assembly Member   Ammiano  )

                        FEBRUARY 24, 2012

   An act to amend  Section   Sections 111222,
111223, 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.
   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.
 Existing law prohibits the sale of Asian rice-based noodles
unless they have this labeling. 
   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. 
   This bill would instead require the labels to indicate the date
and time that the Asian rice-based noodles came out of hot holding,
as specified. This bill would exempt Asian rice-based noodles from
these labeling requirements if the Asian rice-based noodles meet
specific criteria. 
   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   requires that
Asian rice-based noodles that have been kept at room temperature be
consumed, cooked, or destroyed within 4 hours of  
manufacture  .
   This  bill would require Asian rice-based noodles kept at room
temperature to be consumed, cooked, or segregated for destruction
after 4 hours of the date and time labeled on the product. 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
  meet specific criteria  .
   By imposing new  enforcement  duties upon local agencies,
this bill would impose a state-mandated local program.
   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, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
   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 111222 of the   Health
and Safety Code   is amended to read: 
   111222.  For purposes of this article the following definitions
shall apply:
   (a) "Asian  rice based   rice-based 
noodle" is defined as a  confection   rice-based
pasta  that contains rice powder, water, wheat starch, 
and  vegetable cooking oil  , and optional  
ingredients to modify the pH or water activity, or to provide a
preservative effect  . 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.
   (b) "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 ingredients may not
include any animal fats or any other products derived from animals. A
Korean rice cake is prepared by using a traditional Korean method
that includes cooking by steaming at not less than 275 degrees
Fahrenheit, for not less than five minutes, nor more than 15 minutes.

   SEC. 2.    Section 111223 of the   Health
and Safety Code   is amended to read: 
   111223.  (a) All manufacturers of Asian  rice based
  rice-based  noodles shall place a label on the
packaging of Asian  rice based   rice-based
 noodles that indicates the date and time  of
manufacture   that the product came out of hot holding
at temperatures above 135 degrees Fahr   enheit  and
includes a statement that the Asian  rice based 
 rice-based  noodles are perishable  and must be
consumed within four hours of manufacture   . This
section shall not apply to Asian rice-based noodles that have a pH of
4.6 or below, have a water activity of 0.85 or below, or have been
determined by the department to be nonpotentially hazardous foods
based on formulation and supporting laboratory documentation
submitted to the department by the manufacturer  .
   (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 label shall include a statement that the rice cake must be
consumed within one day of manufacture.
   SECTION 1.   SEC. 3.   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 four
hours.
   (b) Asian rice-based noodles that have been kept at room
temperature shall be consumed, cooked, or  destroyed
  segregated for destruction from other Asian rice-based
noodles  in a manner approved by the local enforcement agency
 within   after  four hours of 
manufacture   the date and time labeled on the product
 .
   (c) At the end of the operating day, Asian rice-based noodles that
have been kept at room temperature for more than four hours shall be
destroyed in a manner approved by the local enforcement agency.
   (d) (1) For purposes of this section, an "Asian rice-based noodle"
means a  confection   rice-based pasta 
that contains rice powder, water, wheat starch,  and
 vegetable cooking oil , and optional ingredients to
modify the pH or water activity, or to provide a preservative effect
 . 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   have a pH of not more than 4.6, a water
activity of 0.85 or below, is 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,
 or the Asian rice-based noodles have been determined by the
department to be nonpotentially hazardous foods based on formulation
and supporting laboratory documentation submitted to the department
by the manufacturer, the restrictions provided in  subdivisions
(a) to (c), inclusive, shall not apply to the Asian rice-based
noodles. 
   (e) All manufacturers of Asian rice-based noodles shall place a
label on the Asian rice-based noodles as prescribed by Section
111223. 
   SEC. 2.   SEC. 4.   If the Commission on
State Mandates determines that this act contains 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.