SB 1067: Food facilities.
- Session Year: 2015-2016
- House: Senate
- Latest Version Date: 2016-08-25
Existing law, the California Retail Food Code, establishes uniform health and sanitation standards for, and provides for regulation by the State Department of Public Health of, retail food facilities and the preparation of various types of defined foods. Under existing law, local health agencies are primarily responsible for enforcing the code. A person who violates a provision of that code is guilty of a misdemeanor, except as otherwise provided.
The code, among other things, defines various forms of animal-derived food, including, among others, meat, poultry, and game animal and terms related to food preparation. The code specifies requirements for obtaining, preparing, and serving animal-derived raw foods, and, among other things, allows specified foods that are raw or have not been thoroughly cooked, as specified, to be served if the consumer specifically orders the food to be individually prepared less than thoroughly cooked, or the food facility notifies the consumer that the food is raw or less than thoroughly cooked.
This bill would revise those definitions and the provisions regulating obtaining and preparing those raw foods. The bill would delete the provisions regarding consumer notice and instead require a retail food facility to inform consumers of the significantly increased risk of consuming specified animal food that is served or sold raw, undercooked, or without otherwise being processed to eliminate pathogens through a disclosure and reminder, as specified.
The code requires a person in charge of a food facility and all food employees to have adequate knowledge of, and be properly trained in, food safety. The code also requires food facilities that prepare, handle, or serve nonprepackaged potentially hazardous food, except temporary food facilities, to have an owner or employee who has successfully passed an approved and accredited food safety certification examination. The code specifies the contents of that examination, including knowledge of foodborne illness, as specified.
This bill would require the person in charge of a food facility to have adequate knowledge of major food allergens, as defined, foods identified as major food allergens, and the symptoms that a major food allergen could cause in a sensitive individual who has an allergic reaction and to educate food facility employees regarding those matters. The bill would also require the food safety certification examination to include describing foods identified as major food allergens and the symptoms that a major food allergen could cause in a sensitive individual who has an allergic reaction.
The code requires a food facility that packages food using a reduced-oxygen packaging method, as specified, to have a hazard analysis critical control point (HACCP) plan, that satisfies specified criteria, approved by the department for all potentially hazardous foods that are packaged using reduced-oxygen packaging.
This bill would provide that an HACCP plan is not required under specified circumstances, including, but not limited to, that the food is held at 41 degrees Fahrenheit or lower during refrigerated storage.
By imposing new enforcement requirements on local health agencies, and by creating a new crime, 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 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.
Existing law, the California Retail Food Code, establishes uniform health and sanitation standards for, and provides for regulation by the State Department of Public Health of, retail food facilities and the preparation of various types of defined foods. Under existing law, local health agencies are primarily responsible for enforcing the code. A person who violates a provision of that code is guilty of a misdemeanor, except as otherwise provided.
The code, among other things, defines various forms of animal-derived food, including, among others, meat, poultry, and game animal and terms related to food preparation. The code specifies requirements for obtaining, preparing, and serving animal-derived raw foods, and, among other things, allows specified foods that are raw or have not been thoroughly cooked, as specified, to be served if the consumer specifically orders the food to be individually prepared less than thoroughly cooked, or the food facility notifies the consumer that the food is raw or less than thoroughly cooked.
This bill would revise those definitions and the provisions regulating obtaining and preparing those raw foods. The bill would delete the provisions regarding consumer notice and instead require a retail food facility to inform consumers of the significantly increased risk of consuming specified animal food that is served or sold raw, undercooked, or without otherwise being processed to eliminate pathogens through a disclosure and reminder, as specified.
The code requires a person in charge of a food facility and all food employees to have adequate knowledge of, and be properly trained in, food safety. The code also requires food facilities that prepare, handle, or serve nonprepackaged potentially hazardous food, except temporary food facilities, to have an owner or employee who has successfully passed an approved and accredited food safety certification examination. The code specifies the contents of that examination, including knowledge of foodborne illness, as specified.
This bill would require the person in charge of a food facility to have adequate knowledge of major food allergens, as defined, foods identified as major food allergens, and the symptoms that a major food allergen could cause in a sensitive individual who has an allergic reaction and to educate food facility employees regarding those matters. The bill would also require the food safety certification examination to include describing foods identified as major food allergens and the symptoms that a major food allergen could cause in a sensitive individual who has an allergic reaction.
The code requires a food facility that packages food using a reduced-oxygen packaging method, as specified, to have a hazard analysis critical control point (HACCP) plan, that satisfies specified criteria, approved by the department for all potentially hazardous foods that are packaged using reduced-oxygen packaging.
This bill would provide that an HACCP plan is not required under specified circumstances, including, but not limited to, that the food is held at 41 degrees Fahrenheit or lower during refrigerated storage.
By imposing new enforcement requirements on local health agencies, and by creating a new crime, 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 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.
Existing law, the California Retail Food Code, establishes uniform health and sanitation standards for, and provides for regulation by the State Department of Public Health of, retail food facilities and the preparation of various types of defined foods. Under existing law, local health agencies are primarily responsible for enforcing the code. A person who violates a provision of that code is guilty of a misdemeanor, except as otherwise provided.
The code, among other things, defines various forms of animal-derived food, including, among others, meat, poultry, and game animal and terms related to food preparation. The code specifies requirements for obtaining, preparing, and serving animal-derived raw foods, and, among other things, allows specified foods that are raw or have not been thoroughly cooked, as specified, to be served if the consumer specifically orders the food to be individually prepared less than thoroughly cooked, or the food facility notifies the consumer that the food is raw or less than thoroughly cooked.
This bill would revise those definitions and the provisions regulating obtaining and preparing those raw foods. The bill would delete the provisions regarding consumer notice and instead require a retail food facility to inform consumers of the significantly increased risk of consuming specified animal food that is served or sold raw, undercooked, or without otherwise being processed to eliminate pathogens through a disclosure and reminder, as specified.
The code requires a person in charge of a food facility and all food employees to have adequate knowledge of, and be properly trained in, food safety. The code also requires food facilities that prepare, handle, or serve nonprepackaged potentially hazardous food, except temporary food facilities, to have an owner or employee who has successfully passed an approved and accredited food safety certification examination. The code specifies the contents of that examination, including knowledge of foodborne illness, as specified.
This bill would require the person in charge of a food facility to have adequate knowledge of major food allergens, as defined, foods identified as major food allergens, and the symptoms that a major food allergen could cause in a sensitive individual who has an allergic reaction and to educate food facility employees regarding those matters. The bill would also require the food safety certification examination to include describing foods identified as major food allergens and the symptoms that a major food allergen could cause in a sensitive individual who has an allergic reaction.
The code requires a food facility that packages food using a reduced-oxygen packaging method, as specified, to have a hazard analysis critical control point (HACCP) plan, that satisfies specified criteria, approved by the department for all potentially hazardous foods that are packaged using reduced-oxygen packaging.
This bill would provide that an HACCP plan is not required under specified circumstances, including, but not limited to, that the food is held at 41 degrees Fahrenheit or lower during refrigerated storage.
By imposing new enforcement requirements on local health agencies, and by creating a new crime, 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 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.
Existing law, the California Retail Food Code, establishes uniform health and sanitation standards for, and provides for regulation by the State Department of Public Health of, retail food facilities and the preparation of various types of defined foods. Under existing law, local health agencies are primarily responsible for enforcing the code. A person who violates any a provision of the that code is guilty of a misdemeanor, except as otherwise provided.
The code, among other things, defines various forms of animal-derived food, including, among others, meat, poultry, and game animal and terms related to food preparation. The code specifies requirements for obtaining, preparing, and serving animal-derived raw foods, and, among other things, allows specified foods that are raw or have not been thoroughly cooked, as specified, to be served if the consumer specifically orders the food to be individually prepared less than thoroughly cooked, or the food facility notifies the consumer that the food is raw or less than thoroughly cooked.
This bill would revise those definitions and the provisions regulating obtaining and preparing those raw foods. The bill would delete the provisions regarding consumer notice and instead require a retail food facility to inform consumers of the significantly increased risk of consuming specified animal food that is served or sold raw, undercooked, or without otherwise being processed to eliminate pathogens through a disclosure and reminder, as specified.
The code requires a person in charge of a food facility and all food employees to have adequate knowledge of, and be properly trained in, food safety. The code also requires food facilities that prepare, handle, or serve nonprepackaged potentially hazardous food, except temporary food facilities, to have an owner or employee who has successfully passed an approved and accredited food safety certification examination. The code specifies the contents of that examination, including knowledge of foodborne illness, as specified.
This bill would require the person in charge of a food facility to have adequate knowledge of major food allergens, as defined, foods identified as major food allergens, and the symptoms that a major food allergen could cause in a sensitive individual who has an allergic reaction and to educate food facility employees regarding those matters. The bill would also require the food safety certification examination to include describing foods identified as major food allergens and the symptoms that a major food allergen could cause in a sensitive individual who has an allergic reaction.
The code requires a food facility that packages food using a reduced-oxygen packaging method, as specified, to have a hazard analysis critical control point (HACCP) plan, that satisfies specified criteria, approved by the department for all potentially hazardous foods that are packaged using reduced-oxygen packaging.
This bill would provide that an HACCP plan is not required under specified circumstances, including, but not limited to, that the food is held at 41 degrees Fahrenheit or lower during refrigerated storage.
By imposing new enforcement requirements on local health agencies, and by creating a new crime, the 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 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.
Existing law, the California Retail Food Code, establishes uniform health and sanitation standards for, and provides for regulation by the State Department of Public Health of, retail food facilities and the preparation of various types of defined foods. Under existing law, local health agencies are primarily responsible for enforcing the code. A person who violates any provision of the code is guilty of a misdemeanor, except as otherwise provided.
The code, among other things, defines various forms of animal-derived food, including, among others, meat, poultry, and game animal and terms related to food preparation. The code specifies requirements for obtaining, preparing, and serving animal-derived raw foods, and, among other things, allows specified foods that are raw or have not been thoroughly cooked, as specified, to be served if the consumer specifically orders the food to be individually prepared less than thoroughly cooked, or the food facility notifies the consumer that the food is raw or less than thoroughly cooked.
This bill would revise those definitions and the provisions regulating obtaining and preparing those raw foods. The bill would delete the provisions regarding consumer notice and instead require a retail food facility to inform consumers of the significantly increased risk of consuming specified animal food that is served or sold raw, undercooked, or without otherwise being processed to eliminate pathogens through a disclosure and reminder, as specified.
The code requires a person in charge of a food facility and all food employees to have adequate knowledge of, and be properly trained in, food safety. The code also requires food facilities that prepare, handle, or serve nonprepackaged potentially hazardous food, except temporary food facilities, to have an owner or employee who has successfully passed an approved and accredited food safety certification examination. The code specifies the contents of that examination, including knowledge of foodborne illness, as specified.
This bill would require the person in charge of a food facility to have adequate knowledge of major food allergens, as defined, foods identified as major food allergens, and the symptoms that a major food allergen could cause in a sensitive individual who has an allergic reaction and to educate food facility employees regarding those matters. The bill would also require the food safety certification examination to include describing foods identified as major food allergens and the symptoms that a major food allergen could cause in a sensitive individual who has an allergic reaction.
The code requires a food facility that packages food using a reduced-oxygen packaging method, as specified, to have a hazard analysis critical control point (HACCP) plan, that satisfies specified criteria, approved by the department for all potentially hazardous foods that are packaged using reduced-oxygen packaging.
This bill would provide that an HACCP plan is not required under specified circumstances, including, but not limited to, that the food is held at 41 degrees Fahrenheit or lower during refrigerated storage.
By imposing new enforcement requirements on local health agencies, and by creating a new crime, the 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 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.
Existing law, the California Retail Food Code, establishes uniform health and sanitation standards for, and provides for regulation by the State Department of Public Health of, retail food facilities and the preparation of various types of defined foods. Under existing law, local health agencies are primarily responsible for enforcing the code. A person who violates any provision of the code is guilty of a misdemeanor, except as otherwise provided.
The code, among other things, defines various forms of animal-derived food, including, among others, meat, poultry, and game animal and terms related to food preparation. The code specifies requirements for obtaining, preparing, and serving animal-derived raw foods, and, among other things, allows specified foods that are raw or have not been thoroughly cooked, as specified, to be served if the consumer specifically orders the food to be individually prepared less than thoroughly cooked, or the food facility notifies the consumer that the food is raw or less than thoroughly cooked.
This bill would revise those definitions and the provisions regulating obtaining and preparing those raw foods. The bill would delete the provisions regarding consumer notice and instead require a retail food facility to inform consumers of the significantly increased risk of consuming specified animal food that is served or sold raw, undercooked, or without otherwise being processed to eliminate pathogens through a disclosure and reminder, as specified.
The code requires a person in charge of a food facility and all food employees to have adequate knowledge of, and be properly trained in, food safety. The code also requires food facilities that prepare, handle, or serve nonprepackaged potentially hazardous food, except temporary food facilities, to have an owner or employee who has successfully passed an approved and accredited food safety certification examination. The code specifies the contents of that examination, including knowledge of foodborne illness, as specified.
This bill would require the person in charge of a food facility and all food employees to have adequate knowledge of major food allergens, as defined. defined, foods identified as major food allergens, and the symptoms that a major food allergen could cause in a sensitive individual who has an allergic reaction and to educate food facility employees regarding those matters. The bill would also require the food safety certification examination to include describing foods identified as major food allergens and the symptoms that a major food allergen could cause in a sensitive individual who has an allergic reaction.
The code requires a food facility that packages food using a reduced-oxygen packaging method, as specified, to have a hazard analysis critical control point (HACCP) plan, that satisfies specified criteria, approved by the department for all potentially hazardous foods that are packaged using reduced oxygen reduced-oxygen packaging.
This bill would provide that an HACCP plan is not required under specified circumstances, including, but not limited to, that the food is held at 41 degrees Fahrenheit or lower during refrigerated storage.
By imposing new enforcement requirements on local health agencies, and by creating a new crime, the 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 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.
Existing law, the California Retail Food Code, establishes uniform health and sanitation standards for, and provides for regulation by the State Department of Public Health of, retail food facilities and the preparation of various types of defined foods. Under existing law, local health agencies are primarily responsible for enforcing the code. A person who violates any provision of the code is guilty of a misdemeanor, except as otherwise provided.
The code, among other things, defines various forms of animal-derived food, including, among others, meat, poultry, and game animal and terms related to food preparation. The code specifies requirements for obtaining, preparing, and serving animal-derived raw foods, and, among other things, allows specified foods that are raw or have not been thoroughly cooked, as specified, to be served if the consumer specifically orders the food to be individually prepared less than thoroughly cooked, or the food facility notifies the consumer that the food is raw or less than thoroughly cooked.
This bill would revise those definitions and the provisions regulating obtaining and preparing those raw foods. The bill would delete the provisions regarding consumer notice and instead require a retail food facility to inform consumers of the significantly increased risk of consuming specified animal food that is served or sold raw, undercooked, or without otherwise being processed to eliminate pathogens through a disclosure and reminder, as specified.
The code requires a person in charge of a food facility and all food employees to have adequate knowledge of, and be properly trained in, food safety. The code also requires food facilities that prepare, handle, or serve nonprepackaged potentially hazardous food, except temporary food facilities, to have an owner or employee who has successfully passed an approved and accredited food safety certification examination. The code specifies the contents of that examination, including knowledge of foodborne illness, as specified.
This bill would require the person in charge of a food facility and all food employees to have adequate knowledge of major food allergens, as defined. The bill would also require the food safety certification examination to include describing foods identified as major food allergens and the symptoms that a major food allergen could cause in a sensitive individual who has an allergic reaction.
The code requires a food facility that packages food using a reduced-oxygen packaging method, as specified, to have a hazard analysis critical control point (HACCP) plan, that satisfies specified criteria, approved by the department for all potentially hazardous foods that are packaged using reduced oxygen packaging.
This bill would provide that an HACCP plan is not required under specified circumstances, including, but not limited to, that the food is held at 41 degrees Fahrenheit or lower during refrigerated storage.
By imposing new enforcement requirements on local health agencies, and by creating a new crime, the 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 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.
Existing law, the California Retail Food Code, establishes uniform health and sanitation standards for, and provides for regulation by the State Department of Public Health of, retail food facilities and the preparation of various types of defined foods. Under existing law, local health agencies are primarily responsible for enforcing the code. A person who violates any provision of the code is guilty of a misdemeanor, except as otherwise provided.
The code, among other things, defines various forms of animal-derived food, including, among others, meat, poultry, and game animal and terms related to food preparation. The code specifies requirements for obtaining, preparing, and serving animal-derived raw foods, and, among other things, allows specified foods that are raw or have not been thoroughly cooked, as specified, to be served if the consumer specifically orders the food to be individually prepared less than thoroughly cooked, or the food facility notifies the consumer that the food is raw or less than thoroughly cooked.
This bill would revise those definitions and the provisions regulating obtaining and preparing those raw foods. The bill would delete the provisions regarding consumer notice and instead require a retail food facility to inform consumers of the significantly increased risk of consuming specified animal food that is served or sold raw, undercooked, or without otherwise being processed to eliminate pathogens through a disclosure and reminder, as specified.
The code requires a food facility that packages food using a reduced-oxygen packaging method, as specified, to have a hazard analysis critical control point (HACCP) plan, that satisfies specified criteria, approved by the department for all potentially hazardous foods that are packaged using reduced oxygen packaging.
This bill would provide that an HACCP plan is not required under specified circumstances, including, but not limited to, that the food is held at 41 degrees Fahrenheit or lower during refrigerated storage.
By imposing new enforcement requirements on local health agencies, and by creating a new crime, the 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 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.
(a)Game animal means an animal, the products of which are food, that is not classified as cattle, sheep, swine, goat, horse, mule, or other equine in Part 301 of Title 9 of the Code of Federal Regulations, as poultry in Part 381 of Title 9 of the Code of Federal Regulations, or as fish as defined under Subpart 1201.10(B)(31) of the Food and Drug Administration 2001 Food Code.
(b)Game animal includes mammals such as reindeer, elk, deer, antelope, water buffalo, bison, rabbit, squirrel, opossum, raccoon, nutria, or muskrat, and nonaquatic reptiles such as land snakes.
(c)Game animal does not include ratites.
SEC. 2.Section 113814 of the Health and Safety Code is amended to read:113814.Injected means manipulating meat to which a solution has been introduced into its interior by processes that are referred to as injecting, pinning, or stitch pumping.
SEC. 3.Section 113818 of the Health and Safety Code is amended to read:113818.(a)Limited food preparation means food preparation that is restricted to one or more of the following:
(1)Heating, frying, baking, roasting, popping, shaving of ice, blending, steaming or boiling of hot dogs, or assembly of nonprepackaged food.
(2)Dispensing and portioning of nonpotentially hazardous food.
(3)Holding, portioning, and dispensing of any foods that are prepared for satellite food service by the onsite permanent food facility or prepackaged by another approved source.
(4)Slicing and chopping of food on a heated cooking surface during the cooking process.
(5)Cooking and seasoning to order.
(6)Juicing or preparing beverages that are for immediate service, in response to an individual consumer order, that do not contain frozen milk products.
(b)Limited food preparation does not include any of the following:
(1)Slicing and chopping unless it is on the heated cooking surface.
(2)Thawing.
(3)Cooling of cooked, potentially hazardous food.
(4)Grinding raw ingredients or potentially hazardous food.
(5)Reheating of potentially hazardous foods for hot holding, except for steamed or boiled hot dogs and tamales in the original, inedible wrapper.
(6)Except as authorized in paragraph (3) of subdivision (a), hot holding of nonprepackaged, potentially hazardous food, except for roasting corn on the cob, steamed or boiled hot dogs, and tamales in the original, inedible wrapper.
(7)Washing of foods.
(8)Cooking of potentially hazardous foods for later use.
SEC. 4.Section 113820.5 is added to the Health and Safety Code, to read:113820.5.(a)Major food allergen means all of the following:
(1)Milk.
(2)Eggs.
(3)Fish, including, but not limited to, bass, flounder, and cod.
(4)Crustacean shellfish, including, but not limited to, crab, lobster, and shrimp.
(5)Tree nuts, including, but not limited to, almonds, pecans, and walnuts.
(6)Wheat.
(7)Peanuts.
(8)Soybeans.
(9)A food ingredient that contains protein derived from a food listed in paragraphs (1) to (8), inclusive.
(b)Major food allergen does not include either of the following:
(1)A highly refined oil derived from a food specified in paragraphs (1) to (8), inclusive, of subdivision (a) and any ingredient derived from that highly refined oil.
(2)An ingredient that is exempt under the petition or notification process specified in the federal Food Allergen Labeling and Consumer Protection Act of 2004 (Public Law 108-282).
SEC. 5.Section 113823 of the Health and Safety Code is amended to read:113823.Meat means the flesh of animals used as food, including the dressed flesh of cattle, swine, sheep, goats, and other edible animals, except fish, poultry, and wild game animals specified in subdivision (a) of Section 114031.
SEC. 6.Section 113873 of the Health and Safety Code is amended to read:113873.Poultry means either of the following:
(a)Any domesticated bird, including chickens, turkeys, ducks, geese, or guineas, whether live or dead, as defined in Poultry Products Inspection Regulations (9 C.F.R. 381).
(b)Any migratory waterfowl, game bird, including a pheasant, partridge, quail, grouse, or guinea, or pigeon, ratites, or squab, whether live or dead, as defined in the Voluntary Poultry Inspection Regulations (9 C.F.R. 362).
SEC. 7.Section 113947 of the Health and Safety Code is amended to read:113947.(a)The person in charge and all food employees shall have adequate knowledge of, and shall be properly trained in, food safety as it relates to their assigned duties.
(b)The person in charge shall comply with both of the following:
(1)Have adequate knowledge of major food allergens, foods identified as major food allergens, and the symptoms that a major food allergen could cause in a sensitive individual who has an allergic reaction.
(2)Educate the employees at the food facility regarding the information described in paragraph (1), which the person in charge may elect to accomplish by, among other methods, using a poster or job aid to which the employee can refer.
(c) For purposes of this section, person in charge means a designated person who has knowledge of safe food handling practices and the major food allergens as they relate to the specific food preparation activities that occur at the food facility.
SEC. 8.Section 113947.2 of the Health and Safety Code is amended to read:113947.2.The food safety certification examination for purposes of Section 113947.1 shall include, but need not be limited to, all of the following elements of knowledge:
(a)Foodborne illness, including terms associated with foodborne illness, micro-organisms, hepatitis A, and toxins that can contaminate food and the illness that can be associated with contamination, definition and recognition of potentially hazardous foods, chemical, biological, and physical contamination of food, and the illnesses that can be associated with food contamination, and major contributing factors for foodborne illness.
(b)The relationship between time and temperature with respect to foodborne illness, including the relationship between time and temperature and micro-organisms during the various food handling, preparation, and serving states, and the type, calibration, and use of thermometers in monitoring food temperatures.
(c)The relationship between personal hygiene and food safety, including the association of hand contact, personal habits and behaviors, and food employee health to foodborne illness, and the recognition of how policies, procedures, and management contribute to improved food safety practices.
(d)Methods of preventing food contamination in all stages of food handling, including terms associated with contamination and potential hazards prior to, during, and after delivery.
(e)Procedures for cleaning and sanitizing equipment and utensils.
(f)Problems and potential solutions associated with facility and equipment design, layout, and construction.
(g)Problems and potential solutions associated with temperature control, preventing cross-contamination, housekeeping, and maintenance.
(h)Describing foods identified as major food allergens and the symptoms that a major food allergen could cause in a sensitive individual who has an allergic reaction.
SEC. 9.Section 114004 of the Health and Safety Code is amended to read:114004.(a)Except as specified in subdivision (b) or (c), raw animal foods such as eggs, fish, meat, poultry, and foods containing these raw animal foods shall be cooked to heat all parts of the food to a temperature and for a time that complies with the following methods based on the food that is cooked:
(1)The following shall be heated to a minimum internal temperature of 145 degrees Fahrenheit or above for 15 seconds:
(A)Raw shell eggs that are broken and prepared in response to a consumers order and for immediate service.
(B)Except as specified in paragraph (2) or (3) of subdivision (a) or subdivision (b) or (c), fish and meat, including game animals commercially raised for food.
(2)The following foods shall be heated to a minimum internal temperature of 155 degrees Fahrenheit for 15 seconds or the temperature specified in the following chart that corresponds to the holding time:
(A)Ratites and mechanically tenderized and injected meats.
(B)The following foods, if they are comminuted: fish, meat, and game animals commercially raised for food as specified in subparagraph (B) of paragraph (1).
(C)Raw eggs that are not prepared as specified in paragraph (1).
Minimum | |
Temperature (F) | Time |
145 | 3 minutes |
150 | 1 minute |
158 | < 1 second (instantaneous) |
(3)The following shall be heated to a minimum internal temperature of 165 degrees Fahrenheit for 15 seconds:
(A)Poultry.
(B)Baluts.
(C)Stuffed fish, stuffed meat, stuffed poultry, and stuffed ratites.
(D)Stuffing containing fish, meat, poultry, or ratites.
(E)Pasta and any other food stuffed with fish, meat, poultry, or ratites.
(F)Wild game animals.
(b)Whole beef roasts, corned beef roasts, pork roasts, lamb roasts, and cured pork roasts, such as ham, shall be cooked as specified in both of the following:
(1)In an oven that is preheated to the temperature specified for the roasts weight in the following chart and that is held at that temperature:
Oven Type | Oven Temperature Based on Roast Weight | |
Less than 10 lbs | 10 lbs or more | |
Still Dry | 350F or more | 250F or more |
Convection | 325F or more | 250F or more |
High Humidity* | 250F or less | 250F or less |
*Relative humidity greater than 90 percent for at least 1 hour measured in the cooking chamber or exit of the oven; or in a moisture-impermeable bag that provides 100 percent humidity. | ||
(2)As specified in the following chart, to heat all parts of the food to a temperature and for the holding time that corresponds to that temperature:
Temperature (F) | Time* in Minutes | Temperature (F) | Time* in Seconds |
130 | 112 | 147 | 134 |
131 | 89 | 149 | 85 |
133 | 56 | 151 | 54 |
135 | 36 | 153 | 34 |
136 | 28 | 155 | 22 |
138 | 18 | 157 | 14 |
140 | 12 | 158 | 0 |
142 | 8 | ||
144 | 5 | ||
145 | 4 | ||
* Holding time may include postoven heat rise. | |||
(c)A raw or undercooked whole-muscle, intact beef steak may be served or offered for sale in a ready-to-eat form if all of the following conditions are satisfied:
(1)The food facility serves a population that is not a highly susceptible population.
(2)The steak is labeled to indicate that it meets the definition of whole-muscle, intact beef as specified in subdivision (c) of Section 114021.
(3)The steak is cooked on both the top and bottom to a surface temperature of 145 degrees Fahrenheit or above and a cooked color change is achieved on all external surfaces.
(d)A raw animal food such as raw egg, raw fish, raw marinated fish, raw molluscan shellfish, or steak tartare, or a partially cooked food such as lightly cooked fish, soft cooked eggs, or rare meat other than whole-muscle, intact beef steaks as specified in subdivision (c), may be served or offered for sale upon consumer request or selection in a ready-to-eat form if either of the following conditions are satisfied:
(1)All of the following requirements are met:
(A)As specified in paragraph (1) or (2) of subdivision (e) of Section 114091, the food facility serves a population that is not a highly susceptible population.
(B)The food, if served or offered for service by consumer selection from a childrens menu, does not contain comminuted meat.
(C)The consumer is informed pursuant to Section 114093 to ensure its safety, the food should be cooked as specified in subdivision (a) or (b).
(2)The department grants a variance from subdivision (a) or (b) pursuant to Section 114417 based on a HACCP plan that satisfies all of the following conditions:
(A)It is submitted by the permitholder and approved pursuant to Sections 114417.1 and 114417.3.
(B)It documents scientific data or other information showing that a lesser time and temperature regimen results in safe food.
(C)It verifies that equipment and procedures for food prepared and training of food employees at the food facility meet the conditions of the variance.
SEC. 10.Section 114021 of the Health and Safety Code is amended to read:114021.(a)Food shall be obtained from sources that comply with all applicable laws.
(b)Food stored or prepared in a private home shall not be used or offered for sale in a food facility, unless that food is prepared by a cottage food operation that is registered or has a permit pursuant to Section 114365.
(c)Whole-muscle, intact beef steaks that are intended for consumption in an undercooked form that does not satisfy the conditions for service pursuant to Section 114093 shall satisfy all of the following conditions:
(1)Either the food has been obtained from a food processing plant that, upon request by the purchaser, packages the steaks and labels them to indicate that the steak meets the definition of whole-muscle, intact beef, or is deemed acceptable by the enforcement agency based on other evidence, such as written buyer specifications or invoices, that indicate that the steaks meet the definition of whole-muscle intact beef.
(2)If the food is individually cut in a food facility, all of the following conditions are satisfied:
(A)The food is cut from whole-muscle intact beef that is labeled by a food processing plant as specified in paragraph (1).
(B)The food is prepared so it remains intact.
(C)If the food is packaged for undercooking in a food facility, the food is labeled as specified in paragraph (1).
SEC. 11.Section 114057.1 of the Health and Safety Code is amended to read:114057.1.(a)A food facility that packages food using a reduced-oxygen packaging method and Clostridium botulinum is identified as a microbiological hazard in the final prepackaged form shall ensure that there are at least two barriers in place to control the growth and toxin formation of Clostridium botulinum.
(b)A food facility that packages food using a reduced-oxygen packaging method and Clostridium botulinum is identified as a microbiological hazard in the final prepackaged form shall have an approved HACCP plan that does all of the following:
(1)Contains the information specified under Section 114419.1.
(2)Identifies the food to be prepackaged.
(3)Limits the food prepackaged to a food that does not support the growth of Clostridium botulinum because it complies with one of the following:
(A)Has an aw of 0.91 or less.
(B)Has a pH of 4.6 or less.
(C)Is a meat or poultry product cured at a food processing plant regulated by the United States Department of Agriculture and is received in an intact package.
(D)Is a food with a high level of competing organisms, such as raw meat or raw poultry.
(4)Specifies methods for maintaining food at 41 degrees Fahrenheit or below.
(5)Describes how the packages shall be prominently and conspicuously labeled on the principal display panel in bold type on a contrasting background, with instructions to maintain the food at 41F or below and discard the food if within 14 calendar days of its packaging it is not served for on-premises consumption, or consumed if served or sold for off-premises consumption.
(6)Limits the refrigerated shelf life to no more than 14 calendar days from packaging to consumption, except the time product is maintained frozen, or the original manufacturers sell by or use by date, whichever occurs first.
(7)Includes operational procedures that prohibit contacting food with bare hands, identify a designated area and the method by which physical barriers or methods of separation of raw foods and ready-to-eat foods minimize cross-contamination and access to the processing equipment is restricted to responsible trained personnel familiar with the potential hazards of the operation, and delineate cleaning and sanitization procedures for food-contact surfaces.
(8)Describes the training program that ensures that individuals responsible for the reduced-oxygen packaging operation understand the concepts required for a safe operation, the equipment and facilities, and the procedures specified under paragraph (7) and Section 114419.1.
(c)Except for fish that is frozen before, during, and after packaging, a food facility shall not package fish using a reduced-oxygen packaging method.
(d)A food facility is not required to have an HACCP plan if the food facility uses a reduced-oxygen packaging method to package hazardous food that always complies with the following standards with respect to packaging the hazardous food:
(1)The food is labeled with the production time and date.
(2)The food is held at 41 degrees Fahrenheit or lower during refrigerated storage.
(3)The food is removed from its package in the food facility within 48 hours after packaging.
SEC. 12.Section 114093 of the Health and Safety Code is repealed.SEC. 13.Section 114093 is added to the Health and Safety Code, to read:114093.(a)Except as specified in subdivision (c) and paragraph (2) of subdivision (d) of Section 114004 and pursuant to subdivision (e) of Section 114091, if an animal food, including beef, eggs, fish, lamb, milk, pork, poultry, or shellfish, is served or sold raw, undercooked, or without otherwise being processed to eliminate pathogens, either in ready-to-eat form or as an ingredient in another ready-to-eat food, the permitholder shall inform consumers of the significantly increased risk of consuming those foods by way of a disclosure pursuant to subdivision (b) and reminder pursuant to subdivision (c), using brochures, deli case or menu advisories, label statements, table tents, placards, or other effective written means.
(b)Disclosure means a written statement that clearly includes either of the following:
(1)A description of the animal-derived foods, such as oysters on the half shell (raw oysters), raw-egg Caesar salad, and hamburgers (can be cooked to order).
(2)Identification of the animal-derived foods marked by an asterisk denoting a footnote that states that the items are served raw or undercooked, or contain or may contain raw or undercooked ingredients.
(c)Reminder means a written statement that identifies the animal-derived foods by an asterisk that denotes a footnote that includes either of the following disclosure statements:
(1)Written information regarding the safety of these food items is available upon request.
(2)Consuming raw or undercooked meats, poultry, seafood, shellfish, or eggs may increase your risk of foodborne illness, especially if you have certain medical conditions.
SEC. 14.Section 114103 of the Health and Safety Code is amended to read:114103.(a)Except as provided in subdivisions (b) and (c), all warewashing equipment shall be provided with two integral metal drainboards of adequate size and construction. One drainboard shall be attached at the point of entry for soiled equipment and utensils and one shall be attached at the point of exit for cleaned and sanitized equipment and utensils.
(b)Where a mechanical warewashing machine is used, there shall be two metal drainboards, one for soiled equipment and utensils, and one for clean equipment and utensils, located adjacent to the machine. The requirement for a drainboard for soiled equipment and utensils or the requirement for a drainboard for clean equipment and utensils, or both requirements, may be satisfied by using the drainboards that are part of the manual warewashing sinks if the sink is located adjacent to the machine.
(c)Pot and pan washers shall be equipped with drainboards as required in subdivision (a), or shall be equipped with approved alternative equipment that provides adequate and suitable space for soiled and clean equipment and utensils.
(d)Drainboards, utensil racks, or tables large enough to accommodate all soiled and cleaned items that may accumulate during hours of operation shall be provided for necessary utensil holding before cleaning and after sanitizing.
(e)Sinks and drainboards of warewashing equipment shall be sloped and drained to an approved liquid waste receptor.
SEC. 15.Section 114299 of the Health and Safety Code is amended to read:114299.(a)Except as specified in subdivision (c), the business name or name of the operator, city, state, ZIP Code, and name of the permitholder, if different from the name of the food facility, shall be legible, clearly visible to consumers, and permanently affixed on the consumer side of the mobile food facility and on a mobile support unit.
(b)The business name shall be in letters at least 3 inches high. Letters and numbers for the city, state, ZIP Code, and permitholder name, if different from the business name, shall not be less than one inch high. The color of each letter and number shall contrast with its background.
(c)Notwithstanding subdivision (a), motorized mobile food facilities and mobile support units shall have the required identification on two sides.
SEC. 16.Section 114419 of the Health and Safety Code is amended to read:114419.(a)Food facilities may engage in any of the following activities only pursuant to an HACCP plan as specified in Section 114419.1:
(1)Smoking food as a method of food preservation rather than as a method of flavor enhancement.
(2)Curing food.
(3)Using food additives or adding components such as vinegar as a method of food preservation rather than as a method of flavor enhancement, or to render a food so that it is not potentially hazardous.
(4)Operating a molluscan shellfish life support system display tank used to store and display shellfish that are offered for human consumption.
(5)Custom processing animals that are for personal use as food and not for sale or service in a food facility.
(6)Preparing food by another method that is determined by the enforcement agency to require an HACCP plan.
(b)Food facilities may engage in the following only pursuant to an HACCP plan that has been approved by the department:
(1)Using acidification or water activity to prevent the growth of Clostridium botulinum.
(2)Packaging potentially hazardous food using a reduced-oxygen packaging method as specified in Section 114057.1, except if the food facility uses a reduced-oxygen packaging method to package hazardous food that always complies with the following standards with respect to packaging the hazardous food:
(A)The food is labeled with the production time and date.
(B)The food is held at 41 degrees Fahrenheit or lower during refrigerated storage.
(C)The food is removed from its package in the food facility within 48 hours after packaging.
SEC. 17.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB 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.
(a)Game animal means an animal, the products of which are food, that is not classified as cattle, sheep, swine, goat, horse, mule, or other equine in Part 301 of Title 9 of the Code of Federal Regulations, as poultry in Part 381 of Title 9 of the Code of Federal Regulations, or as fish as defined under Subpart 1201.10(B)(31) of the Food and Drug Administration 2001 Food Code.
(b)Game animal includes mammals such as reindeer, elk, deer, antelope, water buffalo, bison, rabbit, squirrel, opossum, raccoon, nutria, or muskrat, and nonaquatic reptiles such as land snakes.
(c)Game animal does not include ratites.
SEC. 2.Section 113814 of the Health and Safety Code is amended to read:113814.Injected means manipulating meat to which a solution has been introduced into its interior by processes that are referred to as injecting, pinning, or stitch pumping.
SEC. 3.Section 113818 of the Health and Safety Code is amended to read:113818.(a)Limited food preparation means food preparation that is restricted to one or more of the following:
(1)Heating, frying, baking, roasting, popping, shaving of ice, blending, steaming or boiling of hot dogs, or assembly of nonprepackaged food.
(2)Dispensing and portioning of nonpotentially hazardous food.
(3)Holding, portioning, and dispensing of any foods that are prepared for satellite food service by the onsite permanent food facility or prepackaged by another approved source.
(4)Slicing and chopping of food on a heated cooking surface during the cooking process.
(5)Cooking and seasoning to order.
(6)Juicing or preparing beverages that are for immediate service, in response to an individual consumer order, that do not contain frozen milk products.
(b)Limited food preparation does not include any of the following:
(1)Slicing and chopping unless it is on the heated cooking surface.
(2)Thawing.
(3)Cooling of cooked, potentially hazardous food.
(4)Grinding raw ingredients or potentially hazardous food.
(5)Reheating of potentially hazardous foods for hot holding, except for steamed or boiled hot dogs and tamales in the original, inedible wrapper.
(6)Except as authorized in paragraph (3) of subdivision (a), hot holding of nonprepackaged, potentially hazardous food, except for roasting corn on the cob, steamed or boiled hot dogs, and tamales in the original, inedible wrapper.
(7)Washing of foods.
(8)Cooking of potentially hazardous foods for later use.
SEC. 4.Section 113820.5 is added to the Health and Safety Code, to read:113820.5.(a)Major food allergen means all of the following:
(1)Milk.
(2)Eggs.
(3)Fish, including, but not limited to, bass, flounder, and cod.
(4)Crustacean shellfish, including, but not limited to, crab, lobster, and shrimp.
(5)Tree nuts, including, but not limited to, almonds, pecans, and walnuts.
(6)Wheat.
(7)Peanuts.
(8)Soybeans.
(9)A food ingredient that contains protein derived from a food listed in paragraphs (1) to (8), inclusive.
(b)Major food allergen does not include either of the following:
(1)A highly refined oil derived from a food specified in paragraphs (1) to (8), inclusive, of subdivision (a) and any ingredient derived from that highly refined oil.
(2)An ingredient that is exempt under the petition or notification process specified in the federal Food Allergen Labeling and Consumer Protection Act of 2004 (Public Law 108-282).
SEC. 5.Section 113823 of the Health and Safety Code is amended to read:113823.Meat means the flesh of animals used as food, including the dressed flesh of cattle, swine, sheep, goats, and other edible animals, except fish, poultry, and wild game animals specified in subdivision (a) of Section 114031.
SEC. 6.Section 113873 of the Health and Safety Code is amended to read:113873.Poultry means either of the following:
(a)Any domesticated bird, including chickens, turkeys, ducks, geese, or guineas, whether live or dead, as defined in Poultry Products Inspection Regulations (9 C.F.R. 381).
(b)Any migratory waterfowl, game bird, including a pheasant, partridge, quail, grouse, or guinea, or pigeon, ratites, or squab, whether live or dead, as defined in the Voluntary Poultry Inspection Regulations (9 C.F.R. 362).
SEC. 7.Section 113947 of the Health and Safety Code is amended to read:113947.(a)The person in charge and all food employees shall have adequate knowledge of, and shall be properly trained in, food safety as it relates to their assigned duties.
(b)The person in charge shall comply with both of the following:
(1)Have adequate knowledge of major food allergens, foods identified as major food allergens, and the symptoms that a major food allergen could cause in a sensitive individual who has an allergic reaction.
(2)Educate the employees at the food facility regarding the information described in paragraph (1), which the person in charge may elect to accomplish by, among other methods, using a poster or job aid to which the employee can refer.
(c) For purposes of this section, person in charge means a designated person who has knowledge of safe food handling practices and the major food allergens as they relate to the specific food preparation activities that occur at the food facility.
SEC. 8.Section 113947.2 of the Health and Safety Code is amended to read:113947.2.The food safety certification examination for purposes of Section 113947.1 shall include, but need not be limited to, all of the following elements of knowledge:
(a)Foodborne illness, including terms associated with foodborne illness, micro-organisms, hepatitis A, and toxins that can contaminate food and the illness that can be associated with contamination, definition and recognition of potentially hazardous foods, chemical, biological, and physical contamination of food, and the illnesses that can be associated with food contamination, and major contributing factors for foodborne illness.
(b)The relationship between time and temperature with respect to foodborne illness, including the relationship between time and temperature and micro-organisms during the various food handling, preparation, and serving states, and the type, calibration, and use of thermometers in monitoring food temperatures.
(c)The relationship between personal hygiene and food safety, including the association of hand contact, personal habits and behaviors, and food employee health to foodborne illness, and the recognition of how policies, procedures, and management contribute to improved food safety practices.
(d)Methods of preventing food contamination in all stages of food handling, including terms associated with contamination and potential hazards prior to, during, and after delivery.
(e)Procedures for cleaning and sanitizing equipment and utensils.
(f)Problems and potential solutions associated with facility and equipment design, layout, and construction.
(g)Problems and potential solutions associated with temperature control, preventing cross-contamination, housekeeping, and maintenance.
(h)Describing foods identified as major food allergens and the symptoms that a major food allergen could cause in a sensitive individual who has an allergic reaction.
SEC. 9.Section 114004 of the Health and Safety Code is amended to read:114004.(a)Except as specified in subdivision (b) or (c), raw animal foods such as eggs, fish, meat, poultry, and foods containing these raw animal foods shall be cooked to heat all parts of the food to a temperature and for a time that complies with the following methods based on the food that is cooked:
(1)The following shall be heated to a minimum internal temperature of 145 degrees Fahrenheit or above for 15 seconds:
(A)Raw shell eggs that are broken and prepared in response to a consumers order and for immediate service.
(B)Except as specified in paragraph (2) or (3) of subdivision (a) or subdivision (b) or (c), fish and meat, including game animals commercially raised for food.
(2)The following foods shall be heated to a minimum internal temperature of 155 degrees Fahrenheit for 15 seconds or the temperature specified in the following chart that corresponds to the holding time:
(A)Ratites and mechanically tenderized and injected meats.
(B)The following foods, if they are comminuted: fish, meat, and game animals commercially raised for food as specified in subparagraph (B) of paragraph (1).
(C)Raw eggs that are not prepared as specified in paragraph (1).
Minimum | |
Temperature (F) | Time |
145 | 3 minutes |
150 | 1 minute |
158 | < 1 second (instantaneous) |
(3)The following shall be heated to a minimum internal temperature of 165 degrees Fahrenheit for 15 seconds:
(A)Poultry.
(B)Baluts.
(C)Stuffed fish, stuffed meat, stuffed poultry, and stuffed ratites.
(D)Stuffing containing fish, meat, poultry, or ratites.
(E)Pasta and any other food stuffed with fish, meat, poultry, or ratites.
(F)Wild game animals.
(b)Whole beef roasts, corned beef roasts, pork roasts, lamb roasts, and cured pork roasts, such as ham, shall be cooked as specified in both of the following:
(1)In an oven that is preheated to the temperature specified for the roasts weight in the following chart and that is held at that temperature:
Oven Type | Oven Temperature Based on Roast Weight | |
Less than 10 lbs | 10 lbs or more | |
Still Dry | 350F or more | 250F or more |
Convection | 325F or more | 250F or more |
High Humidity* | 250F or less | 250F or less |
*Relative humidity greater than 90 percent for at least 1 hour measured in the cooking chamber or exit of the oven; or in a moisture-impermeable bag that provides 100 percent humidity. | ||
(2)As specified in the following chart, to heat all parts of the food to a temperature and for the holding time that corresponds to that temperature:
Temperature (F) | Time* in Minutes | Temperature (F) | Time* in Seconds |
130 | 112 | 147 | 134 |
131 | 89 | 149 | 85 |
133 | 56 | 151 | 54 |
135 | 36 | 153 | 34 |
136 | 28 | 155 | 22 |
138 | 18 | 157 | 14 |
140 | 12 | 158 | 0 |
142 | 8 | ||
144 | 5 | ||
145 | 4 | ||
* Holding time may include postoven heat rise. | |||
(c)A raw or undercooked whole-muscle, intact beef steak may be served or offered for sale in a ready-to-eat form if all of the following conditions are satisfied:
(1)The food facility serves a population that is not a highly susceptible population.
(2)The steak is labeled to indicate that it meets the definition of whole-muscle, intact beef as specified in subdivision (c) of Section 114021.
(3)The steak is cooked on both the top and bottom to a surface temperature of 145 degrees Fahrenheit or above and a cooked color change is achieved on all external surfaces.
(d)A raw animal food such as raw egg, raw fish, raw marinated fish, raw molluscan shellfish, or steak tartare, or a partially cooked food such as lightly cooked fish, soft cooked eggs, or rare meat other than whole-muscle, intact beef steaks as specified in subdivision (c), may be served or offered for sale upon consumer request or selection in a ready-to-eat form if either of the following conditions are satisfied:
(1)All of the following requirements are met:
(A)As specified in paragraph (1) or (2) of subdivision (e) of Section 114091, the food facility serves a population that is not a highly susceptible population.
(B)The food, if served or offered for service by consumer selection from a childrens menu, does not contain comminuted meat.
(C)The consumer is informed pursuant to Section 114093 to ensure its safety, the food should be cooked as specified in subdivision (a) or (b).
(2)The department grants a variance from subdivision (a) or (b) pursuant to Section 114417 based on a HACCP plan that satisfies all of the following conditions:
(A)It is submitted by the permitholder and approved pursuant to Sections 114417.1 and 114417.3.
(B)It documents scientific data or other information showing that a lesser time and temperature regimen results in safe food.
(C)It verifies that equipment and procedures for food prepared and training of food employees at the food facility meet the conditions of the variance.
SEC. 10.Section 114021 of the Health and Safety Code is amended to read:114021.(a)Food shall be obtained from sources that comply with all applicable laws.
(b)Food stored or prepared in a private home shall not be used or offered for sale in a food facility, unless that food is prepared by a cottage food operation that is registered or has a permit pursuant to Section 114365.
(c)Whole-muscle, intact beef steaks that are intended for consumption in an undercooked form that does not satisfy the conditions for service pursuant to Section 114093 shall satisfy all of the following conditions:
(1)Either the food has been obtained from a food processing plant that, upon request by the purchaser, packages the steaks and labels them to indicate that the steak meets the definition of whole-muscle, intact beef, or is deemed acceptable by the enforcement agency based on other evidence, such as written buyer specifications or invoices, that indicate that the steaks meet the definition of whole-muscle intact beef.
(2)If the food is individually cut in a food facility, all of the following conditions are satisfied:
(A)The food is cut from whole-muscle intact beef that is labeled by a food processing plant as specified in paragraph (1).
(B)The food is prepared so it remains intact.
(C)If the food is packaged for undercooking in a food facility, the food is labeled as specified in paragraph (1).
SEC. 11.Section 114057.1 of the Health and Safety Code is amended to read:114057.1.(a)A food facility that packages food using a reduced-oxygen packaging method and Clostridium botulinum is identified as a microbiological hazard in the final prepackaged form shall ensure that there are at least two barriers in place to control the growth and toxin formation of Clostridium botulinum.
(b)A food facility that packages food using a reduced-oxygen packaging method and Clostridium botulinum is identified as a microbiological hazard in the final prepackaged form shall have an approved HACCP plan that does all of the following:
(1)Contains the information specified under Section 114419.1.
(2)Identifies the food to be prepackaged.
(3)Limits the food prepackaged to a food that does not support the growth of Clostridium botulinum because it complies with one of the following:
(A)Has an aw of 0.91 or less.
(B)Has a pH of 4.6 or less.
(C)Is a meat or poultry product cured at a food processing plant regulated by the United States Department of Agriculture and is received in an intact package.
(D)Is a food with a high level of competing organisms, such as raw meat or raw poultry.
(4)Specifies methods for maintaining food at 41 degrees Fahrenheit or below.
(5)Describes how the packages shall be prominently and conspicuously labeled on the principal display panel in bold type on a contrasting background, with instructions to maintain the food at 41F or below and discard the food if within 14 calendar days of its packaging it is not served for on-premises consumption, or consumed if served or sold for off-premises consumption.
(6)Limits the refrigerated shelf life to no more than 14 calendar days from packaging to consumption, except the time product is maintained frozen, or the original manufacturers sell by or use by date, whichever occurs first.
(7)Includes operational procedures that prohibit contacting food with bare hands, identify a designated area and the method by which physical barriers or methods of separation of raw foods and ready-to-eat foods minimize cross-contamination and access to the processing equipment is restricted to responsible trained personnel familiar with the potential hazards of the operation, and delineate cleaning and sanitization procedures for food-contact surfaces.
(8)Describes the training program that ensures that individuals responsible for the reduced-oxygen packaging operation understand the concepts required for a safe operation, the equipment and facilities, and the procedures specified under paragraph (7) and Section 114419.1.
(c)Except for fish that is frozen before, during, and after packaging, a food facility shall not package fish using a reduced-oxygen packaging method.
(d)A food facility is not required to have an HACCP plan if the food facility uses a reduced-oxygen packaging method to package hazardous food that always complies with the following standards with respect to packaging the hazardous food:
(1)The food is labeled with the production time and date.
(2)The food is held at 41 degrees Fahrenheit or lower during refrigerated storage.
(3)The food is removed from its package in the food facility within 48 hours after packaging.
SEC. 12.Section 114093 of the Health and Safety Code is repealed.SEC. 13.Section 114093 is added to the Health and Safety Code, to read:114093.(a)Except as specified in subdivision (c) and paragraph (2) of subdivision (d) of Section 114004 and pursuant to subdivision (e) of Section 114091, if an animal food, including beef, eggs, fish, lamb, milk, pork, poultry, or shellfish, is served or sold raw, undercooked, or without otherwise being processed to eliminate pathogens, either in ready-to-eat form or as an ingredient in another ready-to-eat food, the permitholder shall inform consumers of the significantly increased risk of consuming those foods by way of a disclosure pursuant to subdivision (b) and reminder pursuant to subdivision (c), using brochures, deli case or menu advisories, label statements, table tents, placards, or other effective written means.
(b)Disclosure means a written statement that clearly includes either of the following:
(1)A description of the animal-derived foods, such as oysters on the half shell (raw oysters), raw-egg Caesar salad, and hamburgers (can be cooked to order).
(2)Identification of the animal-derived foods marked by an asterisk denoting a footnote that states that the items are served raw or undercooked, or contain or may contain raw or undercooked ingredients.
(c)Reminder means a written statement that identifies the animal-derived foods by an asterisk that denotes a footnote that includes either of the following disclosure statements:
(1)Written information regarding the safety of these food items is available upon request.
(2)Consuming raw or undercooked meats, poultry, seafood, shellfish, or eggs may increase your risk of foodborne illness, especially if you have certain medical conditions.
SEC. 14.Section 114103 of the Health and Safety Code is amended to read:114103.(a)Except as provided in subdivisions (b) and (c), all warewashing equipment shall be provided with two integral metal drainboards of adequate size and construction. One drainboard shall be attached at the point of entry for soiled equipment and utensils and one shall be attached at the point of exit for cleaned and sanitized equipment and utensils.
(b)Where a mechanical warewashing machine is used, there shall be two metal drainboards, one for soiled equipment and utensils, and one for clean equipment and utensils, located adjacent to the machine. The requirement for a drainboard for soiled equipment and utensils or the requirement for a drainboard for clean equipment and utensils, or both requirements, may be satisfied by using the drainboards that are part of the manual warewashing sinks if the sink is located adjacent to the machine.
(c)Pot and pan washers shall be equipped with drainboards as required in subdivision (a), or shall be equipped with approved alternative equipment that provides adequate and suitable space for soiled and clean equipment and utensils.
(d)Drainboards, utensil racks, or tables large enough to accommodate all soiled and cleaned items that may accumulate during hours of operation shall be provided for necessary utensil holding before cleaning and after sanitizing.
(e)Sinks and drainboards of warewashing equipment shall be sloped and drained to an approved liquid waste receptor.
SEC. 15.Section 114299 of the Health and Safety Code is amended to read:114299.(a)Except as specified in subdivision (c), the business name or name of the operator, city, state, ZIP Code, and name of the permitholder, if different from the name of the food facility, shall be legible, clearly visible to consumers, and permanently affixed on the consumer side of the mobile food facility and on a mobile support unit.
(b)The business name shall be in letters at least 3 inches high. Letters and numbers for the city, state, ZIP Code, and permitholder name, if different from the business name, shall not be less than one inch high. The color of each letter and number shall contrast with its background.
(c)Notwithstanding subdivision (a), motorized mobile food facilities and mobile support units shall have the required identification on two sides.
SEC. 16.Section 114419 of the Health and Safety Code is amended to read:114419.(a)Food facilities may engage in any of the following activities only pursuant to an HACCP plan as specified in Section 114419.1:
(1)Smoking food as a method of food preservation rather than as a method of flavor enhancement.
(2)Curing food.
(3)Using food additives or adding components such as vinegar as a method of food preservation rather than as a method of flavor enhancement, or to render a food so that it is not potentially hazardous.
(4)Operating a molluscan shellfish life support system display tank used to store and display shellfish that are offered for human consumption.
(5)Custom processing animals that are for personal use as food and not for sale or service in a food facility.
(6)Preparing food by another method that is determined by the enforcement agency to require an HACCP plan.
(b)Food facilities may engage in the following only pursuant to an HACCP plan that has been approved by the department:
(1)Using acidification or water activity to prevent the growth of Clostridium botulinum.
(2)Packaging potentially hazardous food using a reduced-oxygen packaging method as specified in Section 114057.1, except if the food facility uses a reduced-oxygen packaging method to package hazardous food that always complies with the following standards with respect to packaging the hazardous food:
(A)The food is labeled with the production time and date.
(B)The food is held at 41 degrees Fahrenheit or lower during refrigerated storage.
(C)The food is removed from its package in the food facility within 48 hours after packaging.
SEC. 17.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB 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.
(a)Game animal means an animal, the products of which are food, that is not classified as cattle, sheep, swine, goat, horse, mule, or other equine in Part 301 of Title 9 of the Code of Federal Regulations, as poultry in Part 381 of Title 9 of the Code of Federal Regulations, or as fish as defined under Subpart 1201.10(B)(31) of the Food and Drug Administration 2001 Food Code.
(b)Game animal includes mammals such as reindeer, elk, deer, antelope, water buffalo, bison, rabbit, squirrel, opossum, raccoon, nutria, or muskrat, and nonaquatic reptiles such as land snakes.
(c)Game animal does not include ratites.
SEC. 2.Section 113814 of the Health and Safety Code is amended to read:113814.Injected means manipulating meat to which a solution has been introduced into its interior by processes that are referred to as injecting, pinning, or stitch pumping.
SEC. 3.Section 113818 of the Health and Safety Code is amended to read:113818.(a)Limited food preparation means food preparation that is restricted to one or more of the following:
(1)Heating, frying, baking, roasting, popping, shaving of ice, blending, steaming or boiling of hot dogs, or assembly of nonprepackaged food.
(2)Dispensing and portioning of nonpotentially hazardous food.
(3)Holding, portioning, and dispensing of any foods that are prepared for satellite food service by the onsite permanent food facility or prepackaged by another approved source.
(4)Slicing and chopping of food on a heated cooking surface during the cooking process.
(5)Cooking and seasoning to order.
(6)Juicing or preparing beverages that are for immediate service, in response to an individual consumer order, that do not contain frozen milk products.
(b)Limited food preparation does not include any of the following:
(1)Slicing and chopping unless it is on the heated cooking surface.
(2)Thawing.
(3)Cooling of cooked, potentially hazardous food.
(4)Grinding raw ingredients or potentially hazardous food.
(5)Reheating of potentially hazardous foods for hot holding, except for steamed or boiled hot dogs and tamales in the original, inedible wrapper.
(6)Except as authorized in paragraph (3) of subdivision (a), hot holding of nonprepackaged, potentially hazardous food, except for roasting corn on the cob, steamed or boiled hot dogs, and tamales in the original, inedible wrapper.
(7)Washing of foods.
(8)Cooking of potentially hazardous foods for later use.
SEC. 4.Section 113820.5 is added to the Health and Safety Code, to read:113820.5.(a)Major food allergen means all of the following:
(1)Milk.
(2)Eggs.
(3)Fish, including, but not limited to, bass, flounder, and cod.
(4)Crustacean shellfish, including, but not limited to, crab, lobster, and shrimp.
(5)Tree nuts, including, but not limited to, almonds, pecans, and walnuts.
(6)Wheat.
(7)Peanuts.
(8)Soybeans.
(9)A food ingredient that contains protein derived from a food listed in paragraphs (1) to (8), inclusive.
(b)Major food allergen does not include either of the following:
(1)A highly refined oil derived from a food specified in paragraphs (1) to (8), inclusive, of subdivision (a) and any ingredient derived from that highly refined oil.
(2)An ingredient that is exempt under the petition or notification process specified in the federal Food Allergen Labeling and Consumer Protection Act of 2004 (Public Law 108-282).
SEC. 5.Section 113823 of the Health and Safety Code is amended to read:113823.Meat means the flesh of animals used as food, including the dressed flesh of cattle, swine, sheep, goats, and other edible animals, except fish, poultry, and wild game animals specified in subdivision (a) of Section 114031.
SEC. 6.Section 113873 of the Health and Safety Code is amended to read:113873.Poultry means either of the following:
(a)Any domesticated bird, including chickens, turkeys, ducks, geese, or guineas, whether live or dead, as defined in Poultry Products Inspection Regulations (9 C.F.R. 381).
(b)Any migratory waterfowl, game bird, including a pheasant, partridge, quail, grouse, or guinea, or pigeon, ratites, or squab, whether live or dead, as defined in the Voluntary Poultry Inspection Regulations (9 C.F.R. 362).
SEC. 7.Section 113947 of the Health and Safety Code is amended to read:113947.(a)The person in charge and all food employees shall have adequate knowledge of, and shall be properly trained in, food safety as it relates to their assigned duties.
(b)The person in charge shall comply with both of the following:
(1)Have adequate knowledge of major food allergens, foods identified as major food allergens, and the symptoms that a major food allergen could cause in a sensitive individual who has an allergic reaction.
(2)Educate the employees at the food facility regarding the information described in paragraph (1), which the person in charge may elect to accomplish by, among other methods, using a poster or job aid to which the employee can refer.
(c) For purposes of this section, person in charge means a designated person who has knowledge of safe food handling practices and the major food allergens as they relate to the specific food preparation activities that occur at the food facility.
SEC. 8.Section 113947.2 of the Health and Safety Code is amended to read:113947.2.The food safety certification examination for purposes of Section 113947.1 shall include, but need not be limited to, all of the following elements of knowledge:
(a)Foodborne illness, including terms associated with foodborne illness, micro-organisms, hepatitis A, and toxins that can contaminate food and the illness that can be associated with contamination, definition and recognition of potentially hazardous foods, chemical, biological, and physical contamination of food, and the illnesses that can be associated with food contamination, and major contributing factors for foodborne illness.
(b)The relationship between time and temperature with respect to foodborne illness, including the relationship between time and temperature and micro-organisms during the various food handling, preparation, and serving states, and the type, calibration, and use of thermometers in monitoring food temperatures.
(c)The relationship between personal hygiene and food safety, including the association of hand contact, personal habits and behaviors, and food employee health to foodborne illness, and the recognition of how policies, procedures, and management contribute to improved food safety practices.
(d)Methods of preventing food contamination in all stages of food handling, including terms associated with contamination and potential hazards prior to, during, and after delivery.
(e)Procedures for cleaning and sanitizing equipment and utensils.
(f)Problems and potential solutions associated with facility and equipment design, layout, and construction.
(g)Problems and potential solutions associated with temperature control, preventing cross-contamination, housekeeping, and maintenance.
(h)Describing foods identified as major food allergens and the symptoms that a major food allergen could cause in a sensitive individual who has an allergic reaction.
SEC. 9.Section 114004 of the Health and Safety Code is amended to read:114004.(a)Except as specified in subdivision (b) or (c), raw animal foods such as eggs, fish, meat, poultry, and foods containing these raw animal foods shall be cooked to heat all parts of the food to a temperature and for a time that complies with the following methods based on the food that is cooked:
(1)The following shall be heated to a minimum internal temperature of 145 degrees Fahrenheit or above for 15 seconds:
(A)Raw shell eggs that are broken and prepared in response to a consumers order and for immediate service.
(B)Except as specified in paragraph (2) or (3) of subdivision (a) or subdivision (b) or (c), fish and meat, including game animals commercially raised for food.
(2)The following foods shall be heated to a minimum internal temperature of 155 degrees Fahrenheit for 15 seconds or the temperature specified in the following chart that corresponds to the holding time:
(A)Ratites and mechanically tenderized and injected meats.
(B)The following foods, if they are comminuted: fish, meat, and game animals commercially raised for food as specified in subparagraph (B) of paragraph (1).
(C)Raw eggs that are not prepared as specified in paragraph (1).
Minimum | |
Temperature (F) | Time |
145 | 3 minutes |
150 | 1 minute |
158 | < 1 second (instantaneous) |
(3)The following shall be heated to a minimum internal temperature of 165 degrees Fahrenheit for 15 seconds:
(A)Poultry.
(B)Baluts.
(C)Stuffed fish, stuffed meat, stuffed poultry, and stuffed ratites.
(D)Stuffing containing fish, meat, poultry, or ratites.
(E)Pasta and any other food stuffed with fish, meat, poultry, or ratites.
(F)Wild game animals.
(b)Whole beef roasts, corned beef roasts, pork roasts, lamb roasts, and cured pork roasts, such as ham, shall be cooked as specified in both of the following:
(1)In an oven that is preheated to the temperature specified for the roasts weight in the following chart and that is held at that temperature:
Oven Type | Oven Temperature Based on Roast Weight | |
Less than 10 lbs | 10 lbs or more | |
Still Dry | 350F or more | 250F or more |
Convection | 325F or more | 250F or more |
High Humidity* | 250F or less | 250F or less |
*Relative humidity greater than 90 percent for at least 1 hour measured in the cooking chamber or exit of the oven; or in a moisture-impermeable bag that provides 100 percent humidity. | ||
(2)As specified in the following chart, to heat all parts of the food to a temperature and for the holding time that corresponds to that temperature:
Temperature (F) | Time* in Minutes | Temperature (F) | Time* in Seconds |
130 | 112 | 147 | 134 |
131 | 89 | 149 | 85 |
133 | 56 | 151 | 54 |
135 | 36 | 153 | 34 |
136 | 28 | 155 | 22 |
138 | 18 | 157 | 14 |
140 | 12 | 158 | 0 |
142 | 8 | ||
144 | 5 | ||
145 | 4 | ||
* Holding time may include postoven heat rise. | |||
(c)A raw or undercooked whole-muscle, intact beef steak may be served or offered for sale in a ready-to-eat form if all of the following conditions are satisfied:
(1)The food facility serves a population that is not a highly susceptible population.
(2)The steak is labeled to indicate that it meets the definition of whole-muscle, intact beef as specified in subdivision (c) of Section 114021.
(3)The steak is cooked on both the top and bottom to a surface temperature of 145 degrees Fahrenheit or above and a cooked color change is achieved on all external surfaces.
(d)A raw animal food such as raw egg, raw fish, raw marinated fish, raw molluscan shellfish, or steak tartare, or a partially cooked food such as lightly cooked fish, soft cooked eggs, or rare meat other than whole-muscle, intact beef steaks as specified in subdivision (c), may be served or offered for sale upon consumer request or selection in a ready-to-eat form if either of the following conditions are satisfied:
(1)All of the following requirements are met:
(A)As specified in paragraph (1) or (2) of subdivision (e) of Section 114091, the food facility serves a population that is not a highly susceptible population.
(B)The food, if served or offered for service by consumer selection from a childrens menu, does not contain comminuted meat.
(C)The consumer is informed pursuant to Section 114093 to ensure its safety, the food should be cooked as specified in subdivision (a) or (b).
(2)The department grants a variance from subdivision (a) or (b) pursuant to Section 114417 based on a HACCP plan that satisfies all of the following conditions:
(A)It is submitted by the permitholder and approved pursuant to Sections 114417.1 and 114417.3.
(B)It documents scientific data or other information showing that a lesser time and temperature regimen results in safe food.
(C)It verifies that equipment and procedures for food prepared and training of food employees at the food facility meet the conditions of the variance.
SEC. 10.Section 114021 of the Health and Safety Code is amended to read:114021.(a)Food shall be obtained from sources that comply with all applicable laws.
(b)Food stored or prepared in a private home shall not be used or offered for sale in a food facility, unless that food is prepared by a cottage food operation that is registered or has a permit pursuant to Section 114365.
(c)Whole-muscle, intact beef steaks that are intended for consumption in an undercooked form that does not satisfy the conditions for service pursuant to Section 114093 shall satisfy all of the following conditions:
(1)Either the food has been obtained from a food processing plant that, upon request by the purchaser, packages the steaks and labels them to indicate that the steak meets the definition of whole-muscle, intact beef, or is deemed acceptable by the enforcement agency based on other evidence, such as written buyer specifications or invoices, that indicate that the steaks meet the definition of whole-muscle intact beef.
(2)If the food is individually cut in a food facility, all of the following conditions are satisfied:
(A)The food is cut from whole-muscle intact beef that is labeled by a food processing plant as specified in paragraph (1).
(B)The food is prepared so it remains intact.
(C)If the food is packaged for undercooking in a food facility, the food is labeled as specified in paragraph (1).
SEC. 11.Section 114057.1 of the Health and Safety Code is amended to read:114057.1.(a)A food facility that packages food using a reduced-oxygen packaging method and Clostridium botulinum is identified as a microbiological hazard in the final prepackaged form shall ensure that there are at least two barriers in place to control the growth and toxin formation of Clostridium botulinum.
(b)A food facility that packages food using a reduced-oxygen packaging method and Clostridium botulinum is identified as a microbiological hazard in the final prepackaged form shall have an approved HACCP plan that does all of the following:
(1)Contains the information specified under Section 114419.1.
(2)Identifies the food to be prepackaged.
(3)Limits the food prepackaged to a food that does not support the growth of Clostridium botulinum because it complies with one of the following:
(A)Has an aw of 0.91 or less.
(B)Has a pH of 4.6 or less.
(C)Is a meat or poultry product cured at a food processing plant regulated by the United States Department of Agriculture and is received in an intact package.
(D)Is a food with a high level of competing organisms, such as raw meat or raw poultry.
(4)Specifies methods for maintaining food at 41 degrees Fahrenheit or below.
(5)Describes how the packages shall be prominently and conspicuously labeled on the principal display panel in bold type on a contrasting background, with instructions to maintain the food at 41F or below and discard the food if within 14 calendar days of its packaging it is not served for on-premises consumption, or consumed if served or sold for off-premises consumption.
(6)Limits the refrigerated shelf life to no more than 14 calendar days from packaging to consumption, except the time product is maintained frozen, or the original manufacturers sell by or use by date, whichever occurs first.
(7)Includes operational procedures that prohibit contacting food with bare hands, identify a designated area and the method by which physical barriers or methods of separation of raw foods and ready-to-eat foods minimize cross-contamination and access to the processing equipment is restricted to responsible trained personnel familiar with the potential hazards of the operation, and delineate cleaning and sanitization procedures for food-contact surfaces.
(8)Describes the training program that ensures that individuals responsible for the reduced-oxygen packaging operation understand the concepts required for a safe operation, the equipment and facilities, and the procedures specified under paragraph (7) and Section 114419.1.
(c)Except for fish that is frozen before, during, and after packaging, a food facility shall not package fish using a reduced-oxygen packaging method.
(d)A food facility is not required to have an HACCP plan if the food facility uses a reduced-oxygen packaging method to package hazardous food that always complies with the following standards with respect to packaging the hazardous food:
(1)The food is labeled with the production time and date.
(2)The food is held at 41 degrees Fahrenheit or lower during refrigerated storage.
(3)The food is removed from its package in the food facility within 48 hours after packaging.
SEC. 12.Section 114093 of the Health and Safety Code is repealed.SEC. 13.Section 114093 is added to the Health and Safety Code, to read:114093.(a)Except as specified in subdivision (c) and paragraph (2) of subdivision (d) of Section 114004 and pursuant to subdivision (e) of Section 114091, if an animal food, including beef, eggs, fish, lamb, milk, pork, poultry, or shellfish, is served or sold raw, undercooked, or without otherwise being processed to eliminate pathogens, either in ready-to-eat form or as an ingredient in another ready-to-eat food, the permitholder shall inform consumers of the significantly increased risk of consuming those foods by way of a disclosure pursuant to subdivision (b) and reminder pursuant to subdivision (c), using brochures, deli case or menu advisories, label statements, table tents, placards, or other effective written means.
(b)Disclosure means a written statement that clearly includes either of the following:
(1)A description of the animal-derived foods, such as oysters on the half shell (raw oysters), raw-egg Caesar salad, and hamburgers (can be cooked to order).
(2)Identification of the animal-derived foods marked by an asterisk denoting a footnote that states that the items are served raw or undercooked, or contain or may contain raw or undercooked ingredients.
(c)Reminder means a written statement that identifies the animal-derived foods by an asterisk that denotes a footnote that includes either of the following disclosure statements:
(1)Written information regarding the safety of these food items is available upon request.
(2)Consuming raw or undercooked meats, poultry, seafood, shellfish, or eggs may increase your risk of foodborne illness, especially if you have certain medical conditions.
SEC. 14.Section 114103 of the Health and Safety Code is amended to read:114103.(a)Except as provided in subdivisions (b) and (c), all warewashing equipment shall be provided with two integral metal drainboards of adequate size and construction. One drainboard shall be attached at the point of entry for soiled equipment and utensils and one shall be attached at the point of exit for cleaned and sanitized equipment and utensils.
(b)Where an undercounter a mechanical warewashing machine is used, there shall be two metal drainboards, one for soiled equipment and utensils, and one for clean equipment and utensils, located adjacent to the machine. The requirement for a drainboard for soiled equipment and utensils or the requirement for a drainboard for clean equipment and utensils, or both requirements, may be satisfied by using the drainboards that are part of the manual warewashing sinks if the sink is located adjacent to the machine.
(c)Pot and pan washers shall be equipped with drainboards as required in subdivision (a), or shall be equipped with approved alternative equipment that provides adequate and suitable space for soiled and clean equipment and utensils.
(d)Drainboards, utensil racks, or tables large enough to accommodate all soiled and cleaned items that may accumulate during hours of operation shall be provided for necessary utensil holding before cleaning and after sanitizing.
(e)Sinks and drainboards of warewashing equipment shall be sloped and drained to an approved liquid waste receptor.
SEC. 15.Section 114299 of the Health and Safety Code is amended to read:114299.(a)Except as specified in subdivision (c), the business name or name of the operator, city, state, ZIP Code, and name of the permitholder, if different from the name of the food facility, shall be legible, clearly visible to consumers, and permanently affixed on the consumer side of the mobile food facility and on a mobile support unit.
(b)The business name shall be in letters at least 3 inches high. Letters and numbers for the city, state, ZIP Code, and permitholder name, if different from the business name, shall not be less than one inch high. The color of each letter and number shall contrast with its background.
(c)Notwithstanding subdivision (a), motorized mobile food facilities and mobile support units shall have the required identification on two sides.
SEC. 16.Section 114419 of the Health and Safety Code is amended to read:114419.(a)Food facilities may engage in any of the following activities only pursuant to an HACCP plan as specified in Section 114419.1:
(1)Smoking food as a method of food preservation rather than as a method of flavor enhancement.
(2)Curing food.
(3)Using food additives or adding components such as vinegar as a method of food preservation rather than as a method of flavor enhancement, or to render a food so that it is not potentially hazardous.
(4)Operating a molluscan shellfish life support system display tank used to store and display shellfish that are offered for human consumption.
(5)Custom processing animals that are for personal use as food and not for sale or service in a food facility.
(6)Preparing food by another method that is determined by the enforcement agency to require an HACCP plan.
(b)Food facilities may engage in the following only pursuant to an HACCP plan that has been approved by the department:
(1)Using acidification or water activity to prevent the growth of Clostridium botulinum.
(2)Packaging potentially hazardous food using a reduced-oxygen packaging method as specified in Section 114057.1, except if the food facility uses a reduced-oxygen packaging method to package hazardous food that always complies with the following standards with respect to packaging the hazardous food:
(A)The food is labeled with the production time and date.
(B)The food is held at 41 degrees Fahrenheit or lower during refrigerated storage.
(C)The food is removed from its package in the food facility within 48 hours after packaging.
SEC. 17.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB 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.
(a)Game animal means an animal, the products of which are food, that is not classified as cattle, sheep, swine, goat, horse, mule, or other equine in Part 301 of Title 9 of the Code of Federal Regulations, as poultry in Part 381 of Title 9 of the Code of Federal Regulations, or as fish as defined under Subpart 1201.10(B)(31) of the Food and Drug Administration 2001 Food Code.
(b)Game animal includes mammals such as reindeer, elk, deer, antelope, water buffalo, bison, rabbit, squirrel, opossum, raccoon, nutria, or muskrat, and nonaquatic reptiles such as land snakes.
(c)Game animal does not include ratites.
SEC. 2.Section 113814 of the Health and Safety Code is amended to read:113814.Injected means manipulating meat to which a solution has been introduced into its interior by processes that are referred to as injecting, pinning, or stitch pumping.
SEC. 3.Section 113818 of the Health and Safety Code is amended to read:113818.(a)Limited food preparation means food preparation that is restricted to one or more of the following:
(1)Heating, frying, baking, roasting, popping, shaving of ice, blending, steaming or boiling of hot dogs, or assembly of nonprepackaged food.
(2)Dispensing and portioning of nonpotentially hazardous food.
(3)Holding, portioning, and dispensing of any foods that are prepared for satellite food service by the onsite permanent food facility or prepackaged by another approved source.
(4)Slicing and chopping of food on a heated cooking surface during the cooking process.
(5)Cooking and seasoning to order.
(6)Juicing or preparing beverages that are for immediate service, in response to an individual consumer order, that do not contain frozen milk products.
(b)Limited food preparation does not include any of the following:
(1)Slicing and chopping unless it is on the heated cooking surface.
(2)Thawing.
(3)Cooling of cooked, potentially hazardous food.
(4)Grinding raw ingredients or potentially hazardous food.
(5)Reheating of potentially hazardous foods for hot holding, except for steamed or boiled hot dogs and tamales in the original, inedible wrapper.
(6)Except as authorized in paragraph (3) of subdivision (a), hot holding of nonprepackaged, potentially hazardous food, except for roasting corn on the cob, steamed or boiled hot dogs, and tamales in the original, inedible wrapper.
(7)Washing of foods.
(8)Cooking of potentially hazardous foods for later use.
SEC. 4.Section 113820.5 is added to the Health and Safety Code, to read:113820.5.(a)Major food allergen means all of the following:
(1)Milk.
(2)Eggs.
(3)Fish, including, but not limited to, bass, flounder, and cod.
(4)Crustacean shellfish, including, but not limited to, crab, lobster, and shrimp.
(5)Tree nuts, including, but not limited to, almonds, pecans, and walnuts.
(6)Wheat.
(7)Peanuts.
(8)Soybeans.
(9)A food ingredient that contains protein derived from a food listed in paragraphs (1) to (8), inclusive.
(b)Major food allergen does not include either of the following:
(1)A highly refined oil derived from a food specified in paragraphs (1) to (8), inclusive, of subdivision (a) and any ingredient derived from that highly refined oil.
(2)An ingredient that is exempt under the petition or notification process specified in the federal Food Allergen Labeling and Consumer Protection Act of 2004 (Public Law 108-282).
SEC. 5.Section 113823 of the Health and Safety Code is amended to read:113823.Meat means the flesh of animals used as food, including the dressed flesh of cattle, swine, sheep, goats, and other edible animals, except fish, poultry, and wild game animals specified in subdivision (a) of Section 114031.
SEC. 6.Section 113873 of the Health and Safety Code is amended to read:113873.Poultry means either of the following:
(a)Any domesticated bird, including chickens, turkeys, ducks, geese, or guineas, whether live or dead, as defined in Poultry Products Inspection Regulations (9 C.F.R. 381).
(b)Any migratory waterfowl, game bird, including a pheasant, partridge, quail, grouse, or guinea, or pigeon, ratites, or squab, whether live or dead, as defined in the Voluntary Poultry Inspection Program Regulations (9 C.F.R. 362).
SEC. 7.Section 113947 of the Health and Safety Code is amended to read:113947.(a)The person in charge and all food employees shall have adequate knowledge of, and shall be properly trained in, food safety as it relates to their assigned duties.
(b)The person in charge shall comply with both of the following:
(1)Have adequate knowledge of major food allergens, foods identified as major food allergens, and the symptoms that a major food allergen could cause in a sensitive individual who has an allergic reaction.
(2)Educate the employees at the food facility regarding the information described in paragraph (1), which the person in charge may elect to accomplish by, among other methods, using a poster or job aid to which the employee can refer.
(c) For purposes of this section, person in charge means a designated person who has knowledge of safe food handling practices and the major food allergens as they relate to the specific food preparation activities that occur at the food facility.
SEC. 8.Section 113947.2 of the Health and Safety Code is amended to read:113947.2.The food safety certification examination for purposes of Section 113947.1 shall include, but need not be limited to, all of the following elements of knowledge:
(a)Foodborne illness, including terms associated with foodborne illness, micro-organisms, hepatitis A, and toxins that can contaminate food and the illness that can be associated with contamination, definition and recognition of potentially hazardous foods, chemical, biological, and physical contamination of food, and the illnesses that can be associated with food contamination, and major contributing factors for foodborne illness.
(b)The relationship between time and temperature with respect to foodborne illness, including the relationship between time and temperature and micro-organisms during the various food handling, preparation, and serving states, and the type, calibration, and use of thermometers in monitoring food temperatures.
(c)The relationship between personal hygiene and food safety, including the association of hand contact, personal habits and behaviors, and food employee health to foodborne illness, and the recognition of how policies, procedures, and management contribute to improved food safety practices.
(d)Methods of preventing food contamination in all stages of food handling, including terms associated with contamination and potential hazards prior to, during, and after delivery.
(e)Procedures for cleaning and sanitizing equipment and utensils.
(f)Problems and potential solutions associated with facility and equipment design, layout, and construction.
(g)Problems and potential solutions associated with temperature control, preventing cross-contamination, housekeeping, and maintenance.
(h)Describing foods identified as major food allergens and the symptoms that a major food allergen could cause in a sensitive individual who has an allergic reaction.
SEC. 9.Section 114004 of the Health and Safety Code is amended to read:114004.(a)Except as specified in subdivision (b) or (c), raw animal foods such as eggs, fish, meat, poultry, and foods containing these raw animal foods shall be cooked to heat all parts of the food to a temperature and for a time that complies with the following methods based on the food that is cooked:
(1)The following shall be heated to a minimum internal temperature of 145F 145 degrees Fahrenheit or above for 15 seconds:
(A)Raw shell eggs that are broken and prepared in response to a consumers order and for immediate service.
(B)Except as specified in paragraph (2) or (3) of subdivision (a) or subdivision (b) or (c), fish and meat, including game animals commercially raised for food.
(2)The following foods shall be heated to a minimum internal temperature of 155F 155 degrees Fahrenheit for 15 seconds or the temperature specified in the following chart that corresponds to the holding time:
(A)Ratites and mechanically tenderized and injected meats.
(B)The following foods, if they are comminuted: fish, meat, and game animals commercially raised for food as specified in subparagraph (B) of paragraph (1).
(C)Raw eggs that are not prepared as specified in paragraph (1).
Minimum | |
Temperature (F) | Time |
145 | 3 minutes |
150 | 1 minute |
158 | < 1 second (instantaneous) |
(3)The following shall be heated to a minimum internal temperature of 165F 165 degrees Fahrenheit for 15 seconds:
(A)Poultry.
(B)Baluts.
(C)Stuffed fish, stuffed meat, stuffed poultry, and stuffed ratites.
(D)Stuffing containing fish, meat, poultry, or ratites.
(E)Pasta and any other food stuffed with fish, meat, poultry, or ratites.
(F)Wild game animals.
(b)Whole beef roasts, corned beef roasts, pork roasts, lamb roasts, and cured pork roasts, such as ham, shall be cooked as specified in both of the following:
(1)In an oven that is preheated to the temperature specified for the roasts weight in the following chart and that is held at that temperature:
Oven Type | Oven Temperature Based on Roast Weight | |
Less than 10 lbs | 10 lbs or more | |
Still Dry | 350F or more | 250F or more |
Convection | 325F or more | 250F or more |
High Humidity* | 250F or less | 250F or less |
*Relative humidity greater than 90 percent for at least 1 hour measured in the cooking chamber or exit of the oven; or in a moisture-impermeable bag that provides 100 percent humidity. | ||
(2)As specified in the following chart, to heat all parts of the food to a temperature and for the holding time that corresponds to that temperature:
Temperature (F) | Time* in Minutes | Temperature (F) | Time* in Seconds |
130 | 112 | 147 | 134 |
131 | 89 | 149 | 85 |
133 | 56 | 151 | 54 |
135 | 36 | 153 | 34 |
136 | 28 | 155 | 22 |
138 | 18 | 157 | 14 |
140 | 12 | 158 | 0 |
142 | 8 | ||
144 | 5 | ||
145 | 4 | ||
* Holding time may include postoven heat rise. | |||
(c)A raw or undercooked whole-muscle, intact beef steak may be served or offered for sale in a ready-to-eat form if all of the following conditions are satisfied:
(1)The food facility serves a population that is not a highly susceptible population.
(2)The steak is labeled to indicate that it meets the definition of whole-muscle, intact beef as specified in subdivision (c) of Section 114021.
(3)The steak is cooked on both the top and bottom to a surface temperature of 145F 145 degrees Fahrenheit or above and a cooked color change is achieved on all external surfaces.
(d)A raw animal food such as raw egg, raw fish, raw marinated fish, raw molluscan shellfish, or steak tartare, or a partially cooked food such as lightly cooked fish, soft cooked eggs, or rare meat other than whole-muscle, intact beef steaks as specified in subdivision (c), may be served or offered for sale upon consumer request or selection in a ready-to-eat form if either of the following conditions are satisfied:
(1)All of the following requirements are met:
(A)As specified in paragraph (1) or (2) of subdivision (e) of Section 114091, the food facility serves a population that is not a highly susceptible population.
(B)The food, if served or offered for service by consumer selection from a childrens menu, does not contain comminuted meat.
(C)The consumer is informed pursuant to Section 114093 to ensure its safety, the food should be cooked as specified in subdivision (a) or (b).
(2)The department grants a variance from subdivision (a) or (b) pursuant to Section 114417 based on a HACCP plan that satisfies all of the following conditions:
(A)It is submitted by the permitholder and approved pursuant to Sections 114417.1 and 114417.3.
(B)It documents scientific data or other information showing that a lesser time and temperature regimen results in safe food.
(C)It verifies that equipment and procedures for food prepared and training of food employees at the food facility meet the conditions of the variance.
SEC. 10.Section 114021 of the Health and Safety Code is amended to read:114021.(a)Food shall be obtained from sources that comply with all applicable laws.
(b)Food stored or prepared in a private home shall not be used or offered for sale in a food facility, unless that food is prepared by a cottage food operation that is registered or has a permit pursuant to Section 114365.
(c)Whole-muscle, intact beef steaks that are intended for consumption in an undercooked form that does not satisfy the conditions for service pursuant to Section 114093 shall satisfy all of the following conditions:
(1)Either the food has been obtained from a food processing plant that, upon request by the purchaser, packages the steaks and labels them to indicate that the steak meets the definition of whole-muscle, intact beef, or is deemed acceptable by the enforcement agency based on other evidence, such as written buyer specifications or invoices, that indicate that the steaks meet the definition of whole-muscle intact beef.
(2)If the food is individually cut in a food facility, all of the following conditions are satisfied:
(A)The food is cut from whole-muscle intact beef that is labeled by a food processing plant as specified in paragraph (1).
(B)The food is prepared so it remains intact.
(C)If the food is packaged for undercooking in a food facility, the food is labeled as specified in paragraph (1).
SEC. 11.Section 114057.1 of the Health and Safety Code is amended to read:114057.1.(a)A food facility that packages food using a reduced-oxygen packaging method and Clostridium botulinum is identified as a microbiological hazard in the final prepackaged form shall ensure that there are at least two barriers in place to control the growth and toxin formation of Clostridium botulinum.
(b)A food facility that packages food using a reduced-oxygen packaging method and Clostridium botulinum is identified as a microbiological hazard in the final prepackaged form shall have an approved HACCP plan that does all of the following:
(1)Contains the information specified under Section 114419.1.
(2)Identifies the food to be prepackaged.
(3)Limits the food prepackaged to a food that does not support the growth of Clostridium botulinum because it complies with one of the following:
(A)Has an aw of 0.91 or less.
(B)Has a pH of 4.6 or less.
(C)Is a meat or poultry product cured at a food processing plant regulated by the United States Department of Agriculture and is received in an intact package.
(D)Is a food with a high level of competing organisms, such as raw meat or raw poultry.
(4)Specifies methods for maintaining food at 41F 41 degrees Fahrenheit or below.
(5)Describes how the packages shall be prominently and conspicuously labeled on the principal display panel in bold type on a contrasting background, with instructions to maintain the food at 41F or below and discard the food if within 14 calendar days of its packaging it is not served for on-premises consumption, or consumed if served or sold for off-premises consumption.
(6)Limits the refrigerated shelf life to no more than 14 calendar days from packaging to consumption, except the time product is maintained frozen, or the original manufacturers sell by or use by date, whichever occurs first.
(7)Includes operational procedures that prohibit contacting food with bare hands, identify a designated area and the method by which physical barriers or methods of separation of raw foods and ready-to-eat foods minimize cross-contamination and access to the processing equipment is restricted to responsible trained personnel familiar with the potential hazards of the operation, and delineate cleaning and sanitization procedures for food-contact surfaces.
(8)Describes the training program that ensures that individuals responsible for the reduced-oxygen packaging operation understand the concepts required for a safe operation, the equipment and facilities, and the procedures specified under paragraph (7) and Section 114419.1.
(c)Except for fish that is frozen before, during, and after packaging, a food facility shall not package fish using a reduced-oxygen packaging method.
(d)A food facility is not required to have an HACCP plan if the food facility uses a reduced-oxygen packaging method to package hazardous food that always complies with the following standards with respect to packaging the hazardous food:
(1)The food is labeled with the production time and date.
(2)The food is held at 41oF 41 degrees Fahrenheit or lower during refrigerated storage.
(3)The food is removed from its package in the food facility within 48 hours after packaging.
SEC. 12.Section 114299 of the Health and Safety Code is amended to read:114299.(a)Except as specified in subdivision (c), the business name or name of the operator, city, state, ZIP Code, and name of the permitholder, if different from the name of the food facility, shall be legible, clearly visible to consumers, and permanently affixed on the consumer side of the mobile food facility and on a mobile support unit.
(b)The business name shall be in letters at least 3 inches high. Letters and numbers for the city, state, ZIP Code, and permitholder name, if different from the business name, shall not be less than one inch high. The color of each letter and number shall contrast with its background.
(c)Notwithstanding subdivision (a), motorized mobile food facilities and mobile support units shall have the required identification on two sides.
SEC. 13.SEC. 12.Section 114093 of the Health and Safety Code is repealed.SEC. 14.SEC. 13.Section 114093 is added to the Health and Safety Code, to read:114093.(a)Except as specified in subdivision (c) and paragraph (4) (2) of subdivision (d) of Section 114004 and pursuant to subdivision (e) of Section 114091, if an animal food, including beef, eggs, fish, lamb, milk, pork, poultry, or shellfish, is served or sold raw, undercooked, or without otherwise being processed to eliminate pathogens, either in ready-to-eat form or as an ingredient in another ready-to-eat food, the permitholder shall inform consumers of the significantly increased risk of consuming those foods by way of a disclosure pursuant to subdivision (b) and reminder pursuant to subdivision (c), using brochures, deli case or menu advisories, label statements, table tents, placards, or other effective written means.
(b)Disclosure means a written statement that clearly includes either of the following:
(1)A description of the animal-derived foods, such as oysters on the half shell (raw oysters), raw-egg Caesar salad, and hamburgers (can be cooked to order).
(2)Identification of the animal-derived foods marked by an asterisk denoting a footnote that states that the items are served raw or undercooked, or contain or may contain raw or undercooked ingredients.
(c)Reminder means a written statement that identifies the animal-derived foods by an asterisk that denotes a footnote that includes either of the following disclosure statements:
(1)Written information regarding the safety of these food items is available upon request.
(2)Consuming raw or undercooked meats, poultry, seafood, shellfish, or eggs may increase your risk of foodborne illness, especially if you have certain medical conditions.
SEC. 14.Section 114103 of the Health and Safety Code is amended to read:114103.(a)Except as provided in subdivisions (b) and (c), all warewashing equipment shall be provided with two integral metal drainboards of adequate size and construction. One drainboard shall be attached at the point of entry for soiled equipment and utensils and one shall be attached at the point of exit for cleaned and sanitized equipment and utensils.
(b)Where an undercounter warewashing machine is used, there shall be two metal drainboards, one for soiled equipment and utensils, and one for clean equipment and utensils, located adjacent to the machine. This The requirement for a drainboard for soiled equipment and utensils or the requirement for a drainboard for clean equipment and utensils, or both requirements, may be satisfied by using the drainboards that are part of the manual warewashing sinks if the facilities are sink is located adjacent to the machine.
(c)Pot and pan washers shall be equipped with drainboards as required in subdivision (a), or shall be equipped with approved alternative equipment that provides adequate and suitable space for soiled and clean equipment and utensils.
(d)Drainboards, utensil racks, or tables large enough to accommodate all soiled and cleaned items that may accumulate during hours of operation shall be provided for necessary utensil holding before cleaning and after sanitizing.
(e)Sinks and drainboards of warewashing equipment shall be sloped and drained to an approved liquid waste receptor.
SEC. 15.Section 114299 of the Health and Safety Code is amended to read:114299.(a)Except as specified in subdivision (c), the business name or name of the operator, city, state, ZIP Code, and name of the permittee, permitholder, if different from the name of the food facility, shall be legible, clearly visible to consumers, and permanently affixed on the consumer side of the mobile food facility and on a mobile support unit.
(b)The business name shall be in letters at least 3 inches high. Letters and numbers for the city, state, and ZIP Code ZIP Code, and permitholder name, if different from the business name, shall not be less than one inch high. The color of each letter and number shall contrast with its background.
(c)Notwithstanding subdivision (a), motorized mobile food facilities and mobile support units shall have the required identification on two sides.
SEC. 15.SEC. 16.Section 114419 of the Health and Safety Code is amended to read:114419.(a)Food facilities may engage in any of the following activities only pursuant to an HACCP plan as specified in Section 114419.1:
(1)Smoking food as a method of food preservation rather than as a method of flavor enhancement.
(2)Curing food.
(3)Using food additives or adding components such as vinegar as a method of food preservation rather than as a method of flavor enhancement, or to render a food so that it is not potentially hazardous.
(4)Operating a molluscan shellfish life support system display tank used to store and display shellfish that are offered for human consumption.
(5)Custom processing animals that are for personal use as food and not for sale or service in a food facility.
(6)Preparing food by another method that is determined by the enforcement agency to require an HACCP plan.
(b)Food facilities may engage in the following only pursuant to an HACCP plan that has been approved by the department:
(1)Using acidification or water activity to prevent the growth of Clostridium botulinum.
(2)Packaging potentially hazardous food using a reduced-oxygen packaging method as specified in Section 114057.1, except if the food facility uses a reduced-oxygen packaging method to package hazardous food that always complies with the following standards with respect to packaging the hazardous food:
(A)The food is labeled with the production time and date.
(B)The food is held at 41oF 41 degrees Fahrenheit or lower during refrigerated storage.
(C)The food is removed from its package in the food facility within 48 hours after packaging.
SEC. 16.SEC. 17.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB 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.
(a)Game animal means an animal, the products of which are food, that is not classified as cattle, sheep, swine, goat, horse, mule, or other equine in Part 301 of Title 9 of the Code of Federal Regulations, as poultry in Part 381 of Title 9 of the Code of Federal Regulations, or as fish as defined under Subpart 1201.10(B)(31) of the Food and Drug Administration 2001 Food Code.
(b)Game animal includes mammals such as reindeer, elk, deer, antelope, water buffalo, bison, rabbit, squirrel, opossum, raccoon, nutria, or muskrat, and nonaquatic reptiles such as land snakes.
(c)Game animal does not include ratites.
SEC. 2.Section 113814 of the Health and Safety Code is amended to read:113814.Injected means manipulating meat to which a solution has been introduced into its interior by processes that are referred to as injecting, pinning, or stitch pumping.
SEC. 3.Section 113818 of the Health and Safety Code is amended to read:113818.(a)Limited food preparation means food preparation that is restricted to one or more of the following:
(1)Heating, frying, baking, roasting, popping, shaving of ice, blending, steaming or boiling of hot dogs, or assembly of nonprepackaged food.
(2)Dispensing and portioning of nonpotentially hazardous food.
(3)Holding, portioning, and dispensing of any foods that are prepared for satellite food service by the onsite permanent food facility or prepackaged by another approved source.
(4)Slicing and chopping of food on a heated cooking surface during the cooking process.
(5)Cooking and seasoning to order.
(6)Juicing or preparing beverages that are for immediate service, in response to an individual consumer order, that do not contain frozen milk products.
(b)Limited food preparation does not include any of the following:
(1)Slicing and chopping unless it is on the heated cooking surface.
(2)Thawing.
(3)Cooling of cooked, potentially hazardous food.
(4)Grinding raw ingredients or potentially hazardous food.
(5)Reheating of potentially hazardous foods for hot holding, except for steamed or boiled hot dogs and tamales in the original, inedible wrapper.
(6)Except as authorized in paragraph (3) of subdivision (a), hot holding of nonprepackaged, potentially hazardous food, except for roasting corn on the cob, steamed or boiled hot dogs, and tamales in the original, inedible wrapper.
(7)Washing of foods.
(8)Cooking of potentially hazardous foods for later use.
SEC. 4.Section 113820.5 is added to the Health and Safety Code, to read:113820.5.(a)Major food allergen means all of the following:
(1)Milk.
(2)Eggs.
(3)Fish, including, but not limited to, bass, flounder, and cod.
(4)Crustacean shellfish, including, but not limited to to, crab, lobster, and shrimp.
(5)Tree nuts, including, but not limited to, almonds, pecans, and walnuts.
(6)Wheat.
(7)Peanuts.
(8)Soybeans.
(9)A food ingredient that contains protein derived from a food listed in paragraphs (1) to (8), inclusive.
(b)Major food allergen does not include either of the following:
(1)A highly refined oil derived from a food specified in paragraphs (1) to (8), inclusive, of subdivision (a) and any ingredient derived from that highly refined oil.
(2)An ingredient that is exempt under the petition or notification process specified in the federal Food Allergen Labeling and Consumer Protection Act of 2004 (Public Law 108-282).
SEC. 5.Section 113823 of the Health and Safety Code is amended to read:113823.Meat means the flesh of animals used as food, including the dressed flesh of cattle, swine, sheep, goats, and other edible animals, except fish, poultry, and wild game animals specified in subdivision (a) of Section 114031.
SEC. 6.Section 113873 of the Health and Safety Code is amended to read:113873.Poultry means either of the following:
(a)Any domesticated bird, including chickens, turkeys, ducks, geese, or guineas, whether live or dead, as defined in Poultry Products Inspection Regulations (9 C.F.R. 381).
(b)Any migratory waterfowl, game bird, including a pheasant, partridge, quail, grouse, or guinea, or pigeon, ratites, or squab, whether live or dead, as defined in the Voluntary Poultry Inspection Program (9 C.F.R. 362).
SEC. 7.Section 113947 of the Health and Safety Code is amended to read:113947.(a)The person in charge and all food employees shall have adequate knowledge of, and shall be properly trained in, food safety as it relates to their assigned duties.
(b)The person in charge shall comply with both of the following:
(1)Have adequate knowledge of major food allergens, foods identified as major food allergens, and the symptoms that a major food allergen could cause in a sensitive individual who has an allergic reaction.
(2)Educate the employees at the food facility regarding the information described in paragraph (1), which the person in charge may elect to accomplish by, among other methods, using a poster or job aid to which the employee can refer.
(c) For purposes of this section, person in charge means a designated person who has knowledge of safe food handling practices and the major food allergens as they relate to the specific food preparation activities that occur at the food facility.
SEC. 8.Section 113947.2 of the Health and Safety Code is amended to read:113947.2.The food safety certification examination for purposes of Section 113947.1 shall include, but need not be limited to, all of the following elements of knowledge:
(a)Foodborne illness, including terms associated with foodborne illness, micro-organisms, hepatitis A, and toxins that can contaminate food and the illness that can be associated with contamination, definition and recognition of potentially hazardous foods, chemical, biological, and physical contamination of food, and the illnesses that can be associated with food contamination, and major contributing factors for foodborne illness.
(b)The relationship between time and temperature with respect to foodborne illness, including the relationship between time and temperature and micro-organisms during the various food handling, preparation, and serving states, and the type, calibration, and use of thermometers in monitoring food temperatures.
(c)The relationship between personal hygiene and food safety, including the association of hand contact, personal habits and behaviors, and food employee health to foodborne illness, and the recognition of how policies, procedures, and management contribute to improved food safety practices.
(d)Methods of preventing food contamination in all stages of food handling, including terms associated with contamination and potential hazards prior to, during, and after delivery.
(e)Procedures for cleaning and sanitizing equipment and utensils.
(f)Problems and potential solutions associated with facility and equipment design, layout, and construction.
(g)Problems and potential solutions associated with temperature control, preventing cross-contamination, housekeeping, and maintenance.
(h)Describing foods identified as major food allergens and the symptoms that a major food allergen could cause in a sensitive individual who has an allergic reaction.
SEC. 9.Section 114004 of the Health and Safety Code is amended to read:114004.(a)Except as specified in subdivision (b) or (c), raw animal foods such as eggs, fish, meat, poultry, and foods containing these raw animal foods shall be cooked to heat all parts of the food to a temperature and for a time that complies with the following methods based on the food that is cooked:
(1)The following shall be heated to a minimum internal temperature of 145F or above for 15 seconds:
(A)Raw shell eggs that are broken and prepared in response to a consumers order and for immediate service.
(B)Except as specified in paragraph (2) or (3) of subdivision (a) or subdivision (b) or (c), fish and meat, including game animals commercially raised for food.
(2)The following foods shall be heated to a minimum internal temperature of 155F for 15 seconds or the temperature specified in the following chart that corresponds to the holding time:
(A)Ratites and mechanically tenderized and injected meats.
(B)The following foods, if they are comminuted: fish, meat, and game animals commercially raised for food as specified in subparagraph (B) of paragraph (1).
(C)Raw eggs that are not prepared as specified in paragraph (1).
Minimum | |
Temperature (F) | Time |
145 | 3 minutes |
150 | 1 minute |
158 | < 1 second (instantaneous) |
(3)The following shall be heated to a minimum internal temperature of 165F for 15 seconds:
(A)Poultry.
(B)Baluts.
(C)Stuffed fish, stuffed meat, stuffed poultry, and stuffed ratites.
(D)Stuffing containing fish, meat, poultry, or ratites.
(E)Pasta and any other food stuffed with fish, meat, poultry, or ratites.
(F)Wild game animals.
(b)Whole beef roasts, corned beef roasts, pork roasts, lamb roasts, and cured pork roasts, such as ham, shall be cooked as specified in both of the following:
(1)In an oven that is preheated to the temperature specified for the roasts weight in the following chart and that is held at that temperature:
Oven Type | Oven Temperature Based on Roast Weight | |
Less than 10 lbs | 10 lbs or more | |
Still Dry | 350F or more | 250F or more |
Convection | 325F or more | 250F or more |
High Humidity* | 250F or less | 250F or less |
*Relative humidity greater than 90 percent for at least 1 hour measured in the cooking chamber or exit of the oven; or in a moisture-impermeable bag that provides 100 percent humidity. | ||
(2)As specified in the following chart, to heat all parts of the food to a temperature and for the holding time that corresponds to that temperature:
Temperature (F) | Time* in Minutes | Temperature (F) | Time* in Seconds |
130 | 112 | 147 | 134 |
131 | 89 | 149 | 85 |
133 | 56 | 151 | 54 |
135 | 36 | 153 | 34 |
136 | 28 | 155 | 22 |
138 | 18 | 157 | 14 |
140 | 12 | 158 | 0 |
142 | 8 | ||
144 | 5 | ||
145 | 4 | ||
* Holding time may include postoven heat rise. | |||
(c)A raw or undercooked whole-muscle, intact beef steak may be served or offered for sale in a ready-to-eat form if all of the following conditions are satisfied:
(1)The food facility serves a population that is not a highly susceptible population.
(2)The steak is labeled to indicate that it meets the definition of whole-muscle, intact beef as specified in subdivision (c) of Section 114021.
(3)The steak is cooked on both the top and bottom to a surface temperature of 145F or above and a cooked color change is achieved on all external surfaces.
(d)A raw animal food such as raw egg, raw fish, raw marinated fish, raw molluscan shellfish, or steak tartare, or a partially cooked food such as lightly cooked fish, soft cooked eggs, or rare meat other than whole-muscle, intact beef steaks as specified in subdivision (c), may be served or offered for sale upon consumer request or selection in a ready-to-eat form if either of the following conditions are satisfied:
(1)All of the following requirements are met:
(A)As specified in paragraph (1) or (2) of subdivision (e) of Section 114091, the food facility serves a population that is not a highly susceptible population.
(B)The food, if served or offered for service by consumer selection from a childrens menu, does not contain comminuted meat.
(C)The consumer is informed pursuant to Section 114093 to ensure its safety, the food should be cooked as specified in subdivision (a) or (b).
(2)The department grants a variance from subdivision (a) or (b) pursuant to Section 114417 based on a HACCP plan that satisfies all of the following conditions:
(A)It is submitted by the permitholder and approved pursuant to Sections 114417.1 and 114417.3.
(B)It documents scientific data or other information showing that a lesser time and temperature regimen results in safe food.
(C)It verifies that equipment and procedures for food prepared and training of food employees at the food facility meet the conditions of the variance.
SEC. 10.Section 114021 of the Health and Safety Code is amended to read:114021.(a)Food shall be obtained from sources that comply with all applicable laws.
(b)Food stored or prepared in a private home shall not be used or offered for sale in a food facility, unless that food is prepared by a cottage food operation that is registered or has a permit pursuant to Section 114365.
(c)Whole-muscle, intact beef steaks that are intended for consumption in an undercooked form that does not satisfy the conditions for service pursuant to subdivision (c) of Section 114004 114093 shall satisfy all of the following conditions:
(1)Either the food has been obtained from a food processing plant that, upon request by the purchaser, packages the steaks and labels them to indicate that the steak meets the definition of whole-muscle, intact beef, or is deemed acceptable by the enforcement agency based on other evidence, such as written buyer specifications or invoices, that indicate that the steaks meet the definition of whole-muscle intact beef.
(2)If the food is individually cut in a food facility, all of the following conditions are satisfied:
(A)The food is cut from whole-muscle intact beef that is labeled by a food processing plant as specified in paragraph (1).
(B)The food is prepared so it remains intact.
(C)If the food is packaged for undercooking in a food facility, the food is labeled as specified in paragraph (1).
SEC. 11.Section 114057.1 of the Health and Safety Code is amended to read:114057.1.(a)A food facility that packages food using a reduced-oxygen packaging method and Clostridium botulinum is identified as a microbiological hazard in the final prepackaged form shall ensure that there are at least two barriers in place to control the growth and toxin formation of Clostridium botulinum.
(b)A food facility that packages food using a reduced-oxygen packaging method and Clostridium botulinum is identified as a microbiological hazard in the final prepackaged form shall have an approved HACCP plan that does all of the following:
(1)Contains the information specified under Section 114419.1.
(2)Identifies the food to be prepackaged.
(3)Limits the food prepackaged to a food that does not support the growth of Clostridium botulinum because it complies with one of the following:
(A)Has an aw of 0.91 or less.
(B)Has a pH of 4.6 or less.
(C)Is a meat or poultry product cured at a food processing plant regulated by the United States Department of Agriculture and is received in an intact package.
(D)Is a food with a high level of competing organisms, such as raw meat or raw poultry.
(4)Specifies methods for maintaining food at 41F or below.
(5)Describes how the packages shall be prominently and conspicuously labeled on the principal display panel in bold type on a contrasting background, with instructions to maintain the food at 41F or below and discard the food if within 14 calendar days of its packaging it is not served for on-premises consumption, or consumed if served or sold for off-premises consumption.
(6)Limits the refrigerated shelf life to no more than 14 calendar days from packaging to consumption, except the time product is maintained frozen, or the original manufacturers sell by or use by date, whichever occurs first.
(7)Includes operational procedures that prohibit contacting food with bare hands, identify a designated area and the method by which physical barriers or methods of separation of raw foods and ready-to-eat foods minimize cross-contamination and access to the processing equipment is restricted to responsible trained personnel familiar with the potential hazards of the operation, and delineate cleaning and sanitization procedures for food-contact surfaces.
(8)Describes the training program that ensures that individuals responsible for the reduced-oxygen packaging operation understand the concepts required for a safe operation, the equipment and facilities, and the procedures specified under paragraph (7) and Section 114419.1.
(c)Except for fish that is frozen before, during, and after packaging, a food facility shall not package fish using a reduced-oxygen packaging method.
(d)A food facility is not required to have an HACCP plan if the food facility uses a reduced-oxygen packaging method to package hazardous food that always complies with the following standards with respect to packaging the hazardous food:
(1)The food is labeled with the production time and date.
(2)The food is held at 41oF or lower during refrigerated storage.
(3)The food is removed from its package in the food facility within 48 hours after packaging.
SEC. 12.Section 114299 of the Health and Safety Code is amended to read:114299.(a)Except as specified in subdivision (c), the business name or name of the operator, city, state, ZIP Code, and name of the permitholder, if different from the name of the food facility, shall be legible, clearly visible to consumers, and permanently affixed on the consumer side of the mobile food facility and on a mobile support unit.
(b)The business name shall be in letters at least 3 inches high. Letters and numbers for the city, state, ZIP Code, and permitholder name, if different from the business name, shall not be less than one inch high. The color of each letter and number shall contrast with its background.
(c)Notwithstanding subdivision (a), motorized mobile food facilities and mobile support units shall have the required identification on two sides.
SEC. 13.Section 114093 of the Health and Safety Code is repealed.SEC. 14.Section 114093 is added to the Health and Safety Code, to read:114093.(a)Except as specified in subdivision (c) and paragraph (4) of subdivision (d) of Section 114004 and pursuant to subdivision (e) of Section 114091, if an animal food, including beef, eggs, fish, lamb, milk, pork, poultry, or shellfish, is served or sold raw, undercooked, or without otherwise being processed to eliminate pathogens, either in ready-to-eat form or as an ingredient in another ready-to-eat food, the permitholder shall inform consumers of the significantly increased risk of consuming those foods by way of a disclosure pursuant to subdivision (b) and reminder pursuant to subdivision (c), using brochures, deli case or menu advisories, label statements, table tents, placards, or other effective written means.
(b)Disclosure means a written statement that clearly includes either of the following:
(1)A description of the animal-derived foods, such as oysters on the half shell (raw oysters), raw-egg Caesar salad, and hamburgers (can be cooked to order).
(2)Identification of the animal-derived foods marked by an asterisk denoting a footnote that states that the items are served raw or undercooked, or contain or may contain raw or undercooked ingredients.
(c)Reminder means a written statement that identifies the animal-derived foods by an asterisk that denotes a footnote that includes either of the following disclosure statements:
(1)Written information regarding the safety of these food items is available upon request.
(2)Consuming raw or undercooked meats, poultry, seafood, shellfish, or eggs may increase your risk of foodborne illness, especially if you have certain medical conditions.
SEC. 15.Section 114419 of the Health and Safety Code is amended to read:114419.(a)Food facilities may engage in any of the following activities only pursuant to an HACCP plan as specified in Section 114419.1:
(1)Smoking food as a method of food preservation rather than as a method of flavor enhancement.
(2)Curing food.
(3)Using food additives or adding components such as vinegar as a method of food preservation rather than as a method of flavor enhancement, or to render a food so that it is not potentially hazardous.
(4)Operating a molluscan shellfish life support system display tank used to store and display shellfish that are offered for human consumption.
(5)Custom processing animals that are for personal use as food and not for sale or service in a food facility.
(6)Preparing food by another method that is determined by the enforcement agency to require an HACCP plan.
(b)Food facilities may engage in the following only pursuant to an HACCP plan that has been approved by the department:
(1)Using acidification or water activity to prevent the growth of Clostridium botulinum.
(2)Packaging potentially hazardous food using a reduced-oxygen packaging method as specified in Section 114057.1, except if the food facility uses a reduced-oxygen packaging method to package hazardous food that always complies with the following standards with respect to packaging the hazardous food:
(A)The food is labeled with the production time and date.
(B)The food is held at 41oF or lower during refrigerated storage.
(C)The food is removed from its package in the food facility within 48 hours after packaging.
SEC. 16.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB 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.
(a)Game animal means an animal, the products of which are food, that is not classified as cattle, sheep, swine, goat, horse, mule, or other equine in Part 301 of Title 9 of the Code of Federal Regulations, as poultry in Part 381 of Title 9 of the Code of Federal Regulations, or as fish as defined under Subpart 1201.10(B)(31) of the Food and Drug Administration 2001 Food Code.
(b)Game animal includes mammals such as reindeer, elk, deer, antelope, water buffalo, bison, rabbit, squirrel, opossum, raccoon, nutria, or muskrat, and nonaquatic reptiles such as land snakes.
(c)Game animal does not include ratites.
SEC. 2.Section 113814 of the Health and Safety Code is amended to read:113814.Injected means manipulating meat to which a solution has been introduced into its interior by processes that are referred to as injecting, pinning, or stitch pumping.
SEC. 3.Section 113818 of the Health and Safety Code is amended to read:113818.(a)Limited food preparation means food preparation that is restricted to one or more of the following:
(1)Heating, frying, baking, roasting, popping, shaving of ice, blending, steaming or boiling of hot dogs, or assembly of nonprepackaged food.
(2)Dispensing and portioning of nonpotentially hazardous food.
(3)Holding, portioning, and dispensing of any foods that are prepared for satellite food service by the onsite permanent food facility or prepackaged by another approved source.
(4)Slicing and chopping of food on a heated cooking surface during the cooking process.
(5)Cooking and seasoning to order.
(6)Juicing or preparing beverages that are for immediate service, in response to an individual consumer order, that do not contain frozen milk products.
(b)Limited food preparation does not include any of the following:
(1)Slicing and chopping unless it is on the heated cooking surface.
(2)Thawing.
(3)Cooling of cooked, potentially hazardous food.
(4)Grinding raw ingredients or potentially hazardous food.
(5)Reheating of potentially hazardous foods for hot holding, except for steamed or boiled hot dogs and tamales in the original, inedible wrapper.
(6)Except as authorized in paragraph (3) of subdivision (a), hot holding of nonprepackaged, potentially hazardous food, except for roasting corn on the cob, steamed or boiled hot dogs, and tamales in the original, inedible wrapper.
(7)Washing of foods.
(8)Cooking of potentially hazardous foods for later use.
SEC. 4.Section 113820.5 is added to the Health and Safety Code, to read:113820.5.(a)Major food allergen means all of the following:
(1)Milk.
(2)Eggs.
(3)Fish, including, but not limited to, bass, flounder, and cod.
(4)Crustacean shellfish, including, but not limited to crab, lobster, and shrimp.
(5)Tree nuts, including, but not limited to, almonds, pecans, and walnuts.
(6)Wheat.
(7)Peanuts.
(8)Soybeans.
(9)A food ingredient that contains protein derived from a food listed in paragraphs (1) to (8), inclusive.
(b)Major food allergen does not include either of the following:
(1)A highly refined oil derived from a food specified in paragraphs (1) to (8), inclusive, of subdivision (a) and any ingredient derived from that highly refined oil.
(2)An ingredient that is exempt under the petition or notification process specified in the federal Food Allergen Labeling and Consumer Protection Act of 2004 (Public Law 108-282).
SEC. 5.Section 113823 of the Health and Safety Code is amended to read:113823.Meat means the flesh of animals used as food, including the dressed flesh of cattle, swine, sheep, goats, and other edible animals, except fish fish, poultry, and wild game animals specified in subdivision (a) of Section 114031.
SEC. 6.Section 113873 of the Health and Safety Code is amended to read:113873.Poultry means either of the following:
(a)Any domesticated bird, including chickens, turkeys, ducks, geese, or guineas, whether live or dead, as defined in Poultry Products Inspection Regulations (9 C.F.R. 381).
(b)Any migratory waterfowl, game bird, including a pheasant, partridge, quail, grouse, or guinea, or pigeon, ratites, or squab, whether live or dead, as defined in the Voluntary Poultry Inspection Program (9 C.F.R. 362).
SEC. 7.Section 113947 of the Health and Safety Code is amended to read:113947.(a)The person in charge and all food employees shall have adequate knowledge of, and shall be properly trained in, food safety, including food allergy awareness, safety as it relates to their assigned duties.
(b)The person in charge shall comply with both of the following:
(1)Have adequate knowledge of major food allergens, foods identified as major food allergens, and the symptoms that a major food allergen could cause in a sensitive individual who has an allergic reaction.
(2)Educate the employees at the food facility regarding the information described in paragraph (1), which the person in charge may elect to accomplish by, among other methods, using a poster or job aid to which the employee can refer.
(b)
(c) For purposes of this section, person in charge means a designated person who has knowledge of safe food handling practices and the major food allergens as they relate to the specific food preparation activities that occur at the food facility.
SEC. 8.Section 113947.2 of the Health and Safety Code is amended to read:113947.2.The food safety certification examination for purposes of Section 113947.1 shall include, but need not be limited to, all of the following elements of knowledge:
(a)Foodborne illness, including terms associated with foodborne illness, micro-organisms, hepatitis A, and toxins that can contaminate food and the illness that can be associated with contamination, definition and recognition of potentially hazardous foods, chemical, biological, and physical contamination of food, and the illnesses that can be associated with food contamination, and major contributing factors for foodborne illness.
(b)The relationship between time and temperature with respect to foodborne illness, including the relationship between time and temperature and micro-organisms during the various food handling, preparation, and serving states, and the type, calibration, and use of thermometers in monitoring food temperatures.
(c)The relationship between personal hygiene and food safety, including the association of hand contact, personal habits and behaviors, and food employee health to foodborne illness, and the recognition of how policies, procedures, and management contribute to improved food safety practices.
(d)Methods of preventing food contamination in all stages of food handling, including terms associated with contamination and potential hazards prior to, during, and after delivery.
(e)Procedures for cleaning and sanitizing equipment and utensils.
(f)Problems and potential solutions associated with facility and equipment design, layout, and construction.
(g)Problems and potential solutions associated with temperature control, preventing cross-contamination, housekeeping, and maintenance.
(h)Describing foods identified as major food allergens and the symptoms that a major food allergen could cause in a sensitive individual who has an allergic reaction.
SEC. 9.Section 114004 of the Health and Safety Code is amended to read:114004.(a)Except as specified in subdivision (b) or (c), raw animal foods such as eggs, fish, meat, poultry, and foods containing these raw animal foods shall be cooked to heat all parts of the food to a temperature and for a time that complies with the following methods based on the food that is cooked:
(1)The following shall be heated to a minimum internal temperature of 145F or above for 15 seconds:
(A)Raw shell eggs that are broken and prepared in response to a consumers order and for immediate service.
(B)Except as specified in paragraph (2) or (3) of subdivision (a) or subdivision (b) or (c), fish and meat, including game animals commercially raised for food.
(2)The following foods shall be heated to a minimum internal temperature of 155F for 15 seconds or the temperature specified in the following chart that corresponds to the holding time:
(A)Ratites and mechanically tenderized and injected meats.
(B)The following foods, if they are comminuted: fish, meat, and game animals commercially raised for food as specified in subparagraph (B) of paragraph (1).
(C)Raw eggs that are not prepared as specified in paragraph (1).
Minimum | |
Temperature (F) | Time |
145 | 3 minutes |
150 | 1 minute |
158 | < 1 second (instantaneous) |
(3)The following shall be heated to a minimum internal temperature of 165F for 15 seconds:
(A)Poultry.
(B)Baluts.
(C)Stuffed fish, stuffed meat, stuffed poultry, and stuffed ratites.
(D)Stuffing containing fish, meat, poultry, or ratites.
(E)Pasta and any other food stuffed with fish, meat, poultry, or ratites.
(F)Wild game animals.
(b)Whole beef roasts, corned beef roasts, pork roasts, lamb roasts, and cured pork roasts, such as ham, shall be cooked as specified in both of the following:
(1)In an oven that is preheated to the temperature specified for the roasts weight in the following chart and that is held at that temperature:
Oven Type | Oven Temperature Based on Roast Weight | |
Less than 10 lbs | 10 lbs or more | |
Still Dry | 350F or more | 250F or more |
Convection | 325F or more | 250F or more |
High Humidity* | 250F or less | 250F or less |
*Relative humidity greater than 90% 90 percent for at least 1 hour measured in the cooking chamber or exit of the oven; or in a moisture-impermeable bag that provides 100% 100 percent humidity. | ||
(2)As specified in the following chart, to heat all parts of the food to a temperature and for the holding time that corresponds to that temperature:
Temperature (F) | Time* in Minutes | Temperature (F) | Time* in Seconds |
130 | 112 | 147 | 134 |
131 | 89 | 149 | 85 |
133 | 56 | 151 | 54 |
135 | 36 | 153 | 34 |
136 | 28 | 155 | 22 |
138 | 18 | 157 | 14 |
140 | 12 | 158 | 0 |
142 | 8 | ||
144 | 5 | ||
145 | 4 | ||
* Holding time may include postoven heat rise. | |||
(c)A raw or undercooked whole-muscle, intact beef steak may be served or offered for sale in a ready-to-eat form if all of the following conditions are satisfied:
(1)The food facility serves a population that is not a highly susceptible population.
(2)The steak is labeled to indicate that it meets the definition of whole-muscle, intact beef as specified in subdivision (c) of Section 114021.
(3)The steak is cooked on both the top and bottom to a surface temperature of 145F or above and a cooked color change is achieved on all external surfaces.
(d)A raw animal food such as raw egg, raw fish, raw marinated fish, raw molluscan shellfish, or steak tartare, or a partially cooked food such as lightly cooked fish, soft cooked eggs, or rare meat other than whole-muscle, intact beef steaks as specified in subdivision (c), may be served or offered for sale upon consumer request or selection in a ready-to-eat form if either of the following conditions are satisfied:
(1)All of the following requirements are met:
(A)As specified in paragraph (1) or (2) of subdivision (e) of Section 114091, the food facility serves a population that is not a highly susceptible population.
(B)The food, if served or offered for service by consumer selection from a childrens menu, does not contain comminuted meat.
(C)The consumer is informed pursuant to Section 114093 to ensure its safety, the food should be cooked as specified in subdivision (a) or (b).
(2)The department grants a variance from subdivision (a) or (b) pursuant to Section 114417 based on a HACCP plan that satisfies all of the following conditions:
(A)It is submitted by the permitholder and approved pursuant to Sections 114417.1 and 114417.3.
(B)It documents scientific data or other information showing that a lesser time and temperature regimen results in safe food.
(C)It verifies that equipment and procedures for food prepared and training of food employees at the food facility meet the conditions of the variance.
SEC. 10.Section 114021 of the Health and Safety Code is amended to read:114021.(a)Food shall be obtained from sources that comply with all applicable laws.
(b)Food stored or prepared in a private home shall not be used or offered for sale in a food facility, unless that food is prepared by a cottage food operation that is registered or has a permit pursuant to Section 114365.
(c)Whole-muscle, intact beef steaks that are intended for consumption in an undercooked form that does not satisfy the conditions for service pursuant to subdivision (c) of Section 114004 shall satisfy all of the following conditions:
(1)Either of the food has been obtained from a food processing plant that, upon request by the purchaser, packages the steaks and labels them to indicate that the steak meets the definition of whole-muscle, intact beef, or is deemed acceptable by the enforcement agency based on other evidence, such as written buyer specifications or invoices, that indicate that the steaks meet the definition of whole-muscle intact beef.
(2)If the food is individually cut in a food facility, all of the following conditions are satisfied:
(A)The food is cut from whole-muscle intact beef that is labeled by a food processing plant as specified in paragraph (1).
(B)The food is prepared so it remains intact.
(C)If the food is packaged for undercooking in a food facility, the food is labeled as specified in paragraph (1).
SEC. 11.Section 114057.1 of the Health and Safety Code is amended to read:114057.1.(a)A food facility that packages food using a reduced-oxygen packaging method and Clostridium botulinum is identified as a microbiological hazard in the final prepackaged form shall ensure that there are at least two barriers in place to control the growth and toxin formation of Clostridium botulinum.
(b)A food facility that packages food using a reduced-oxygen packaging method and Clostridium botulinum is identified as a microbiological hazard in the final prepackaged form shall have an approved HACCP plan that does all of the following:
(1)Contains the information specified under Section 114419.1.
(2)Identifies the food to be prepackaged.
(3)Limits the food prepackaged to a food that does not support the growth of Clostridium botulinum because it complies with one of the following:
(A)Has an aw of 0.91 or less.
(B)Has a pH of 4.6 or less.
(C)Is a meat or poultry product cured at a food processing plant regulated by the United States Department of Agriculture and is received in an intact package.
(D)Is a food with a high level of competing organisms, such as raw meat or raw poultry.
(4)Specifies methods for maintaining food at 41F or below.
(5)Describes how the packages shall be prominently and conspicuously labeled on the principal display panel in bold type on a contrasting background, with instructions to maintain the food at 41F or below and discard the food if within 14 calendar days of its packaging it is not served for on-premises consumption, or consumed if served or sold for off-premises consumption.
(6)Limits the refrigerated shelf life to no more than 14 calendar days from packaging to consumption, except the time product is maintained frozen, or the original manufacturers sell by or use by date, whichever occurs first.
(7)Includes operational procedures that prohibit contacting food with bare hands, identify a designated area and the method by which physical barriers or methods of separation of raw foods and ready-to-eat foods minimize cross-contamination and access to the processing equipment is restricted to responsible trained personnel familiar with the potential hazards of the operation, and delineate cleaning and sanitization procedures for food-contact surfaces.
(8)Describes the training program that ensures that individuals responsible for the reduced-oxygen packaging operation understand the concepts required for a safe operation, the equipment and facilities, and the procedures specified under paragraph (7) and Section 114419.1.
(c)Except for fish that is frozen before, during, and after packaging, a food facility shall not package fish using a reduced-oxygen packaging method.
(d)A food facility is not required to have an HACCP plan if the food facility uses a reduced-oxygen packaging method to package hazardous food that always complies with the following standards with respect to packaging the hazardous food:
(1)The food is labeled with the production time and date.
(2)The food is held at 41oF or lower during refrigerated storage.
(3)The food is removed from its package in the food facility within 48 hours after packaging.
SEC. 12.Section 114299 of the Health and Safety Code is amended to read:114299.(a)Except as specified in subdivision (c), the business name or name of the operator, city, state, ZIP Code, and name of the permitholder, if different from the name of the food facility, shall be legible, clearly visible to consumers, and permanently affixed on the consumer side of the mobile food facility and on a mobile support unit.
(b)The business name shall be in letters at least 3 inches high. Letters and numbers for the city, state, ZIP Code, and permitholder name, if different from the business name, shall not be less than one inch high. The color of each letter and number shall contrast with its background.
(c)Notwithstanding subdivision (a), motorized mobile food facilities and mobile support units shall have the required identification on two sides.
SEC. 13.Section 114093 of the Health and Safety Code is repealed.SEC. 14.Section 114093 is added to the Health and Safety Code, to read:114093.(a)Except as specified in subdivision (c) and paragraph (4) of subdivision (d) of Section 114004 and pursuant to subdivision (e) of Section 114091, if an animal food, including beef, eggs, fish, lamb, milk, pork, poultry, or shellfish shellfish, is served or sold raw, undercooked, or without otherwise being processed to eliminate pathogens, either in ready-to-eat form or as an ingredient in another ready-to-eat food, the permitholder shall inform consumers of the significantly increased risk of consuming those foods by way of a disclosure pursuant to subdivision (b) and reminder pursuant to subdivision (c), using brochures, deli case or menu advisories, label statements, table tents, placards, or other effective written means.
(b)Disclosure means a written statement that clearly includes either of the following:
(1)A description of the animal-derived foods, such as oysters on the half shell (raw oysters), raw-egg Caesar salad, and hamburgers (can be cooked to order).
(2)Identification of the animal-derived foods marked by an asterisk denoting a footnote that states that the items are served raw or undercooked, or contain or may contain raw or undercooked ingredients.
(c)Reminder means a written statement that identifies the animal-derived foods by an asterisk that denotes a footnote that includes either of the following disclosure statements:
(1)Written information regarding the safety of these food items is available upon request.
(2)Consuming raw or undercooked meats, poultry, seafood, shellfish, or eggs may increase your risk of foodborne illness, especially if you have certain medical conditions.
SEC. 15.Section 114419 of the Health and Safety Code is amended to read:114419.(a)Food facilities may engage in any of the following activities only pursuant to an HACCP plan as specified in Section 114419.1:
(1)Smoking food as a method of food preservation rather than as a method of flavor enhancement.
(2)Curing food.
(3)Using food additives or adding components such as vinegar as a method of food preservation rather than as a method of flavor enhancement, or to render a food so that it is not potentially hazardous.
(4)Operating a molluscan shellfish life support system display tank used to store and display shellfish that are offered for human consumption.
(5)Custom processing animals that are for personal use as food and not for sale or service in a food facility.
(6)Preparing food by another method that is determined by the enforcement agency to require an HACCP plan.
(b)Food facilities may engage in the following only pursuant to an HACCP plan that has been approved by the department:
(1)Using acidification or water activity to prevent the growth of Clostridium botulinum.
(2)Packaging potentially hazardous food using a reduced-oxygen packaging method as specified in Section 114057.1, except if the food facility uses a reduced-oxygen packaging method to package hazardous food that always complies with the following standards with respect to packaging the hazardous food:
(A)The food is labeled with the production time and date.
(B)The food is held at 41oF or lower during refrigerated storage.
(C)The food is removed from its package in the food facility within 48 hours after packaging.
SEC. 16.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB 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.
(a)Game animal means an animal, the products of which are food, that is not classified as cattle, sheep, swine, goat, horse, mule, or other equine in 9 C.F.R. 301, Part 301 of Title 9 of the Code of Federal Regulations, as poultry in Section Part 381 of Title 9 of the Code of Federal Regulations, or as fish as defined under Subpart 1201.10(B)(31) of the Food and Drug Administration 2001 Food Code.
(b)Game animal includes mammals such as reindeer, elk, deer, antelope, water buffalo, bison, rabbit, squirrel, opossum, raccoon, nutria, or muskrat, and nonaquatic reptiles such as land snakes.
(c)Game animal does not include ratites.
SEC. 2.Section 113814 of the Health and Safety Code is amended to read:113814.Injected means manipulating meat to which a solution has been introduced into its interior by processes that are referred to as injecting, pinning, or stitch pumping.
SEC. 3.Section 113818 of the Health and Safety Code is amended to read:113818.(a)Limited food preparation means food preparation that is restricted to one or more of the following:
(1)Heating, frying, baking, roasting, popping, shaving of ice, blending, steaming or boiling of hot dogs, or assembly of nonprepackaged food.
(2)Dispensing and portioning of nonpotentially hazardous food.
(3)Holding, portioning, and dispensing of any foods that are prepared for satellite food service by the onsite permanent food facility or prepackaged by another approved source.
(4)Slicing and chopping of food on a heated cooking surface during the cooking process.
(5)Cooking and seasoning to order.
(6)Juicing or preparing beverages that are for immediate service, in response to an individual consumer order, that do not contain frozen milk products.
(b)Limited food preparation does not include any of the following:
(1)Slicing and chopping unless it is on the heated cooking surface.
(2)Thawing.
(3)Cooling of cooked, potentially hazardous food.
(4)Grinding raw ingredients or potentially hazardous food.
(5)Reheating of potentially hazardous foods for hot holding, except for steamed or boiled hot dogs and tamales in the original, inedible wrapper.
(6)Except as authorized in paragraph (3) of subdivision (a), hot holding of nonprepackaged, potentially hazardous food, except for roasting corn on the cob, steamed or boiled hot dogs, and tamales in the original, inedible wrapper.
(7)Washing of foods.
(8)Cooking of potentially hazardous foods for later use.
SEC. 4.Section 113820.5 is added to the Health and Safety Code, to read:113820.5.(a)Major food allergen means all of the following:
(1)Milk.
(2)Eggs.
(3)Fish, including, but not limited to, bass, flounder, and cod.
(4)Crustacean shellfish, including, but not limited to crab, lobster, and shrimp.
(5)Tree nuts, including, but not limited to, almonds, pecans, and walnuts.
(6)Wheat.
(7)Peanuts.
(8)Soybeans.
(9)A food ingredient that contains protein derived from a food listed in paragraphs (1) to (8), inclusive.
(b)Major food allergen does not include either of the following:
(1)A highly refined oil derived from a food specified in paragraphs (1) to (8), inclusive, of subdivision (a) and any ingredient derived from that highly refined oil.
(2)An ingredient that is exempt under the petition or notification process specified in the federal Food Allergen Labeling and Consumer Protection Act of 2004 (Public Law 108-282).
SEC. 4.SEC. 5.Section 113823 of the Health and Safety Code is amended to read:113823.Meat means the flesh of animals used as food, including the dressed flesh of cattle, swine, sheep, goats, and other edible animals, except fish poultry, and wild game animals specified in subdivision (a) of Section 114031.
SEC. 5.SEC. 6.Section 113873 of the Health and Safety Code is amended to read:113873.Poultry means either of the following:
(a)Any domesticated bird, including chickens, turkeys, ducks, geese, or guineas, whether live or dead, as defined in Poultry Products Inspection Regulations (9 C.F.R. 381).
(b)Any migratory waterfowl, game bird, including a pheasant, partridge, quail, grouse, or guinea, or pigeon, ratites, or squab, whether live or dead, as defined in the Voluntary Poultry Inspection Program (9 C.F.R. 362).
SEC. 7.Section 113947 of the Health and Safety Code is amended to read:113947.(a)The person in charge and all food employees shall have adequate knowledge of, and shall be properly trained in, food safety safety, including food allergy awareness, as it relates to their assigned duties.
(b) For purposes of this section, person in charge means a designated person who has knowledge of safe food handling practices and the major food allergens as they relate to the specific food preparation activities that occur at the food facility.
SEC. 8.Section 113947.2 of the Health and Safety Code is amended to read:113947.2.The food safety certification examination for purposes of Section 113947.1 shall include, but need not be limited to, all of the following elements of knowledge:
(a)Foodborne illness, including terms associated with foodborne illness, micro-organisms, hepatitis A, and toxins that can contaminate food and the illness that can be associated with contamination, definition and recognition of potentially hazardous foods, chemical, biological, and physical contamination of food, and the illnesses that can be associated with food contamination, and major contributing factors for foodborne illness.
(b)The relationship between time and temperature with respect to foodborne illness, including the relationship between time and temperature and micro-organisms during the various food handling, preparation, and serving states, and the type, calibration, and use of thermometers in monitoring food temperatures.
(c)The relationship between personal hygiene and food safety, including the association of hand contact, personal habits and behaviors, and food employee health to foodborne illness, and the recognition of how policies, procedures, and management contribute to improved food safety practices.
(d)Methods of preventing food contamination in all stages of food handling, including terms associated with contamination and potential hazards prior to, during, and after delivery.
(e)Procedures for cleaning and sanitizing equipment and utensils.
(f)Problems and potential solutions associated with facility and equipment design, layout, and construction.
(g)Problems and potential solutions associated with temperature control, preventing cross-contamination, housekeeping, and maintenance.
(h)Describing foods identified as major food allergens and the symptoms that a major food allergen could cause in a sensitive individual who has an allergic reaction.
SEC. 6.SEC. 9.Section 114004 of the Health and Safety Code is amended to read:114004.(a)Except as specified in subdivision (b) or (c), raw animal foods such as eggs, fish, meat, poultry, and foods containing these raw animal foods shall be cooked to heat all parts of the food to a temperature and for a time that complies with the following methods based on the food that is cooked:
(1)The following shall be heated to a minimum internal temperature of 145F or above for 15 seconds:
(A)Raw shell eggs that are broken and prepared in response to a consumers order and for immediate service.
(B)Except as specified in paragraph (2) or (3) of subdivision (a) or subdivision (b) or (c), fish and meat, including game animals commercially raised for food.
(2)The following foods shall be heated to a minimum internal temperature of 155F for 15 seconds or the temperature specified in the following chart that corresponds to the holding time:
(A)Ratites and mechanically tenderized and injected meats.
(B)The following foods, if it is comminuted they are comminuted: fish, meat, and game animals commercially raised for food as specified in subparagraph (B) of paragraph (1).
(C)Raw eggs that are not prepared as specified in paragraph (1).
Minimum | |
Temperature (F) | Time |
145 | 3 minutes |
150 | 1 minute |
158 | < 1 second (instantaneous) |
(3)The following shall be heated to a minimum internal temperature of 165F for 15 seconds:
(A)Poultry.
(B)Baluts.
(C)Stuffed fish, stuffed meat, stuffed poultry, and stuffed ratites.
(D)Stuffing containing fish, meat, poultry, or ratites.
(E)Pasta and any other food stuffed with fish, meat, poultry, or ratites.
(F)Wild game animals.
(b)Whole beef roasts, corned beef roasts, pork roasts, lamb roasts, and cured pork roasts, such as ham, shall be cooked as specified in both of the following:
(1)In an oven that is preheated to the temperature specified for the roasts weight in the following chart and that is held at that temperature:
Oven Type | Oven Temperature Based on Roast Weight | |
Less than 10 lbs | 10 lbs or more | |
Still Dry | 350F or more | 250F or more |
Convection | 325F or more | 250F or more |
High Humidity* | 250F or less | 250F or less |
*Relative humidity greater than 90% for at least 1 hour measured in the cooking chamber or exit of the oven; or in a moisture-impermeable bag that provides 100% humidity. | ||
(2)As specified in the following chart, to heat all parts of the food to a temperature and for the holding time that corresponds to that temperature:
Temperature (F) | Time* in Minutes | Temperature (F) | Time* in Seconds |
130 | 112 | 147 | 134 |
131 | 89 | 149 | 85 |
133 | 56 | 151 | 54 |
135 | 36 | 153 | 34 |
136 | 28 | 155 | 22 |
138 | 18 | 157 | 14 |
140 | 12 | 158 | 0 |
142 | 8 | ||
144 | 5 | ||
145 | 4 | ||
* Holding time may include postoven heat rise. | |||
(c)A raw or undercooked whole-muscle, intact beef steak may be served or offered for sale in a ready-to-eat form if all of the following conditions are satisfied:
(1)The food facility serves a population that is not a highly susceptible population.
(2)The steak is labeled to indicate that it meets the definition of whole-muscle, intact beef as specified in subdivision (c) of Section 114021.
(3)The steak is cooked on both the top and bottom to a surface temperature of 145F or above and a cooked color change is achieved on all external surfaces.
(d)A raw animal food such as raw egg, raw fish, raw marinated fish, raw molluscan shellfish, or steak tartare, or a partially cooked food such as lightly cooked fish, soft cooked eggs, or rare meat other than whole-muscle, intact beef steaks as specified in subdivision (c), may be served or offered for sale upon consumer request or selection in a ready-to-eat form if all either of the following conditions are satisfied:
(1)All of the following requirements are met:
(1)
(A)As specified in paragraph (1) or (2) of subdivision (e) of Section 114091, the food facility serves a population that is not a highly susceptible population.
(2)
(B)The food, if served or offered for service by consumer selection from a childrens menu, does not contain comminuted meat.
(3)
(C)The consumer is informed pursuant to Section 114091 114093 to ensure its safety, the food should be cooked as specified in subdivision (a) or (b).
(4)
(2)The department grants a variance from subdivision (a) or (b) pursuant to Section 114417 based on a HACCP plan that satisfies all of the following conditions:
(A)It is submitted by the permitholder and approved pursuant to Sections 114417.1 and 114417.3.
(B)It documents scientific data or other information showing that a lesser time and temperature regimen results in safe food.
(C)It verifies that equipment and procedures for food prepared and training of food employees at the food facility meet the conditions of the variance.
SEC. 7.SEC. 10.Section 114021 of the Health and Safety Code is amended to read:114021.(a)Food shall be obtained from sources that comply with all applicable laws.
(b)Food stored or prepared in a private home shall not be used or offered for sale in a food facility, unless that food is prepared by a cottage food operation that is registered or has a permit pursuant to Section 114365.
(c)Whole-muscle, intact beef steaks that are intended for consumption in an undercooked form that does not satisfy the conditions for service pursuant to subdivision (c) of Section 114004 shall satisfy all of the following conditions:
(1)Either of the food has been obtained from a food processing plant that, upon request by the purchaser, packages the steaks and labels them to indicate that the steak meets the definition of whole-muscle, intact beef, or is deemed acceptable by the enforcement agency based on other evidence, such as written buyer specifications or invoices, that indicate that the steaks meet the definition of whole-muscle intact beef.
(2)If the food is individually cut in a food facility, all of the following conditions are satisfied:
(A)The food is cut from whole-muscle intact beef that is labeled by a food processing plant as specified in paragraph (1).
(B)The food is prepared so it remains intact.
(C)If the food is packaged for undercooking in a food facility, the food is labeled as specified in paragraph (1).
SEC. 8.SEC. 11.Section 114057.1 of the Health and Safety Code is amended to read:114057.1.(a)A food facility that packages food using a reduced-oxygen packaging method and Clostridium botulinum is identified as a microbiological hazard in the final prepackaged form shall ensure that there are at least two barriers in place to control the growth and toxin formation of Clostridium botulinum.
(b)A food facility that packages food using a reduced-oxygen packaging method and Clostridium botulinum is identified as a microbiological hazard in the final prepackaged form shall have an approved HACCP plan that does all of the following:
(1)Contains the information specified under Section 114419.1.
(2)Identifies the food to be prepackaged.
(3)Limits the food prepackaged to a food that does not support the growth of Clostridium botulinum because it complies with one of the following:
(A)Has an aw of 0.91 or less.
(B)Has a pH of 4.6 or less.
(C)Is a meat or poultry product cured at a food processing plant regulated by the U.S.D.A. United States Department of Agriculture and is received in an intact package.
(D)Is a food with a high level of competing organisms, such as raw meat or raw poultry.
(4)Specifies methods for maintaining food at 41F or below.
(5)Describes how the packages shall be prominently and conspicuously labeled on the principal display panel in bold type on a contrasting background, with instructions to maintain the food at 41F or below and discard the food if within 14 calendar days of its packaging it is not served for on-premises consumption, or consumed if served or sold for off-premises consumption.
(6)Limits the refrigerated shelf life to no more than 14 calendar days from packaging to consumption, except the time product is maintained frozen, or the original manufacturers sell by or use by date, whichever occurs first.
(7)Includes operational procedures that prohibit contacting food with bare hands, identify a designated area and the method by which physical barriers or methods of separation of raw foods and ready-to-eat foods minimize cross-contamination and access to the processing equipment is restricted to responsible trained personnel familiar with the potential hazards of the operation, and delineate cleaning and sanitization procedures for food-contact surfaces.
(8)Describes the training program that ensures that individuals responsible for the reduced-oxygen packaging operation understand the concepts required for a safe operation, the equipment and facilities, and the procedures specified under paragraph (7) and Section 114419.1.
(c)Except for fish that is frozen before, during, and after packaging, a food facility shall not package fish using a reduced-oxygen packaging method.
(d)A food facility is not required to have an HACCP plan if the food facility uses a reduced-oxygen packaging method to package hazardous food that always complies with the following standards with respect to packaging the hazardous food:
(1)The food is labeled with the production time and date.
(2)The food is held at 41oF or lower during refrigerated storage.
(3)The food is removed from its package in the food facility within 48 hours after packaging.
SEC. 9.SEC. 12.Section 114299 of the Health and Safety Code is amended to read:114299.(a)Except as specified in subdivision (c), the business name or name of the operator, city, state, ZIP Code, and name of the permitholder, if different from the name of the food facility, shall be legible, clearly visible to consumers, and permanently affixed on the consumer side of the mobile food facility and on a mobile support unit.
(b)The business name shall be in letters at least 3 inches high. Letters and numbers for the city, state, ZIP code, Code, and permitholder name, if different from the business name, shall not be less than one inch high. The color of each letter and number shall contrast with its background.
(c)Notwithstanding subdivision (a), motorized mobile food facilities and mobile support units shall have the required identification on two sides.
SEC. 10.SEC. 13.Section 114093 of the Health and Safety Code is repealed.SEC. 11.SEC. 14.Section 114093 is added to the Health and Safety Code, to read:114093.(a)Except as specified in subdivision (c) and paragraph (4) of subdivision (d) of Section 114004 and pursuant to subdivision (e) of Section 114091, if an animal food, including beef, eggs, fish, lamb, milk, pork, poultry, or shellfish is served or sold raw, undercooked, or without otherwise being processed to eliminate pathogens, either in ready-to-eat form or as an ingredient in another ready-to-eat food, the permitholder shall inform consumers of the significantly increased risk of consuming those foods by way of a disclosure pursuant to subdivision (b) and reminder pursuant to subdivisions subdivision (c), using brochures, deli case or menu advisories, label statements, table tents, placards, or other effective written means.
(b)Disclosure means a written statement that clearly includes either of the following:
(1)A description of the animal-derived foods, such as oysters on the half shell (raw oysters), raw-egg Caesar salad, and hamburgers (can be cooked to order).
(2)Identification of the animal-derived foods marked by an asterisk denoting a footnote that states that the items are served raw or undercooked, or contain or may contain raw or undercooked ingredients.
(c)Reminder means a written statement that identifies the animal-derived foods by an asterisk that denotes a footnote that includes either of the following disclosure statements:
(1)Written information regarding the safety of these food items is available upon request.
(2)Consuming raw or undercooked meats, poultry, seafood, shellfish, or eggs may increase your risk of foodborne illness, especially if you have certain medical conditions.
SEC. 12.SEC. 15.Section 114419 of the Health and Safety Code is amended to read:114419.(a)Food facilities may engage in any of the following activities only pursuant to an HACCP plan as specified in Section 114419.1:
(1)Smoking food as a method of food preservation rather than as a method of flavor enhancement.
(2)Curing food.
(3)Using food additives or adding components such as vinegar as a method of food preservation rather than as a method of flavor enhancement, or to render a food so that it is not potentially hazardous.
(4)Operating a molluscan shellfish life support system display tank used to store and display shellfish that are offered for human consumption.
(5)Custom processing animals that are for personal use as food and not for sale or service in a food facility.
(6)Preparing food by another method that is determined by the enforcement agency to require an HACCP plan.
(b)Food facilities may engage in the following only pursuant to an HACCP plan that has been approved by the department:
(1)Using acidification or water activity to prevent the growth of Clostridium botulinum.
(2)Packaging potentially hazardous food using a reduced-oxygen packaging method as specified in Section 114057.1, except if the food facility uses a reduced-oxygen packaging method to package hazardous food that always complies with the following standards with respect to packaging the hazardous food:
(A)The food is labeled with the production time and date.
(B)The food is held at 41oF or lower during refrigerated storage.
(C)The food is removed from its package in the food facility within 48 hours after packaging.
SEC. 13.SEC. 16.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB 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.
(a)Game animal means an animal, the products of which are food, that is not classified as cattle, sheep, swine, goat, horse, mule, or other equine in 9 C.F.R. 301, as poultry in 9 C.F.R. 381, Section 381 of Title 9 of the Code of Federal Regulations, or as fish as defined under Subpart 1201.10(B)(31) of the Food and Drug Administration 2001 Food Code.
(b)Game animal includes mammals such as reindeer, elk, deer, antelope, water buffalo, bison, rabbit, squirrel, opossum, raccoon, nutria, or muskrat, and nonaquatic reptiles such as land snakes.
(c)Game animal does not include ratites such as ostrich, emu, and rhea. ratites.
SEC. 2.Section 113814 of the Health and Safety Code is amended to read:113814.Injected means manipulating a meat so that infectious or toxigenic microorganisms may be introduced from its surface to its to which a solution has been introduced into its interior through tenderizing with deep penetration or injecting the meat by processes that may be are referred to as injecting, pinning, or stitch pumping.
SEC. 3.Section 113818 of the Health and Safety Code is amended to read:113818.(a)Limited food preparation means food preparation that is restricted to one or more of the following:
(1)Heating, frying, baking, roasting, popping, shaving of ice, blending, steaming or boiling of hot dogs, or assembly of nonprepackaged food.
(2)Dispensing and portioning of nonpotentially hazardous food.
(3)Holding, portioning, and dispensing of any foods that are prepared for satellite food service by the onsite permanent food facility or prepackaged by another approved source.
(4)Slicing and chopping of food on a heated cooking surface during the cooking process.
(5)Cooking and seasoning to order.
(6)Preparing Juicing or preparing beverages that are for immediate service, in response to an individual consumer order, that do not contain frozen milk products.
(b)Limited food preparation does not include any of the following:
(1)Slicing and chopping unless it is on the heated cooking surface.
(2)Thawing.
(3)Cooling of cooked, potentially hazardous food.
(4)Grinding raw ingredients or potentially hazardous food.
(5)Reheating of potentially hazardous foods for hot holding, except for steamed or boiled hot dogs and tamales in the original, inedible wrapper.
(6)Except as authorized in paragraph (3) of subdivision (a), hot holding of nonprepackaged, potentially hazardous food, except for roasting corn on the cob, steamed or boiled hot dogs, and tamales in the original, inedible wrapper.
(7)Washing of foods.
(8)Cooking of potentially hazardous foods for later use.
SEC. 4.Section 113823 of the Health and Safety Code is amended to read:113823.Meat means the flesh of animals used as food, including the dressed flesh of cattle, swine, sheep, goats, game animal, and other edible animals, except fish and poultry. poultry, and wild game animals specified in subdivision (a) of Section 114031.
SEC. 5.Section 113873 of the Health and Safety Code is amended to read:113873.(a)Poultry means either of the following:
(1)
(a)Any domesticated bird, including chickens, turkeys, ducks, geese, or guineas, whether live or dead, as defined in 9 C.F.R. 381 Poultry Products Inspection Regulations. Regulations (9 C.F.R. 381).
(2)
(b)Any migratory waterfowl, game bird, including a pheasant, partridge, quail, grouse, or guinea, or pigeon, ratites, or squab, whether live or dead, as defined in 9 C.F.R. 362 the Voluntary Poultry Inspection Program. Program (9 C.F.R. 362).
(b)Poultry does not include ratites.
SEC. 6.Section 114004 of the Health and Safety Code is amended to read:114004.(a)Except as specified in subdivision (c), all ready-to-eat foods prepared at a food facility from raw or incompletely cooked food of animal origin subdivision (b) or (c), raw animal foods such as eggs, fish, meat, poultry, and foods containing these raw animal foods shall be cooked to heat all parts of the food to a temperature and for a time that complies with the following methods based on the food that is cooked:
(1)The following shall be heated to a minimum internal temperature of 145F or above for 15 seconds:
(A)Raw shell eggs that are broken and prepared in response to a consumers order and for immediate service.
(B)Fish.
(C)Single pieces of meat, including beef, veal, lamb, pork, and game animals from approved sources.
(B)Except as specified in paragraph (2) or (3) of subdivision (a) or subdivision (b) or (c), fish and meat, including game animals commercially raised for food.
(2)The following foods shall be heated to a minimum internal temperature of 155F for 15 seconds or the temperature specified in the following chart that corresponds to the holding time:
(A)Ratites and mechanically tenderized injected meats.
(B)Comminuted meat or any food containing comminuted meat.
(B)The following foods, if it is comminuted fish, meat, and game animals commercially raised for food as specified in subparagraph (B) of paragraph (1).
(C)Raw eggs and foods containing raw eggs that are not prepared as specified in paragraph (1).
Minimum | |
Temperature (F) | Time |
145 | 3 minutes |
150 | 1 minute |
158 | 1second 1 second (instantaneous) |
(3)The following shall be heated to a minimum internal temperature of 165F for 15 seconds:
(A)Poultry.
(B)Comminuted poultry.
(B)Baluts.
(C)Stuffed fish, stuffed meat, stuffed poultry, and stuffed ratites.
(D)Stuffing containing fish, meat, poultry, or ratites.
(E)Pasta and any other food stuffed with fish, meat, poultry, or ratites.
(F)Wild game animals.
(b)Whole beef roasts, corned beef roasts, pork roasts, and cured pork roasts, such as ham, shall be cooked as specified in both of the following:
(1)In an oven that is preheated to the temperature specified for the roasts weight in the following chart and that is held at that temperature:
Oven Type | Oven Temperature Based on Roast Weight | |
Less than 10 lbs | 10 lbs or more | |
Still Dry | 350F or more | 250F or more |
Convection | 325F or more | 250F or more |
High Humidity* | 250F or less | 250F or less |
*Relative humidity greater than 90% for at least 1 hour measured in the cooking chamber or exit of the oven; or in a moisture-impermeable bag that provides 100% humidity. | ||
(2)As specified in the following chart, to heat all parts of the food to a temperature and for the holding time that corresponds to that temperature:
Temperature (F) | Time* in Minutes | Temperature (F) | Time* in Seconds |
130 | 112 | 147 | 134 |
131 | 89 | 149 | 85 |
133 | 56 | 151 | 54 |
135 | 36 | 153 | 34 |
136 | 28 | 155 | 22 |
138 | 18 | 157 | 14 |
140 | 12 | 158 | 0 |
142 | 8 | ||
144 | 5 | ||
145 | 4 | ||
* Holding time may include postoven heat rise. | |||
(c)The department may approve alternative time and temperature minimum heating requirements to thoroughly cook the foods identified in this section when the food facility or person demonstrates to the department that the alternative heating requirements provide an equivalent level of food safety.
(c)A raw or undercooked whole-muscle, intact beef steak may be served or offered for sale in a ready-to-eat form if all of the following conditions are satisfied:
(1)The food facility serves a population that is not a highly susceptible population.
(2)The steak is labeled to indicate that it meets the definition of whole-muscle, intact beef as specified in subdivision (c) of Section 114021.
(3)The steak is cooked on both the top and bottom to a surface temperature of 145F or above and a cooked color change is achieved on all external surfaces.
(d)A raw animal food such as raw egg, raw fish, raw marinated fish, raw molluscan shellfish, or steak tartare, or a partially cooked food such as lightly cooked fish, soft cooked eggs, or rare meat other than whole-muscle, intact beef steaks as specified in subdivision (c), may be served or offered for sale upon consumer request or selection in a ready-to-eat form if all of the following conditions are satisfied:
(1)As specified in paragraph (1) or (2) of subdivision (e) of Section 114091, the food facility serves a population that is not a highly susceptible population.
(2)The food, if served or offered for service by consumer selection from a childrens menu, does not contain comminuted meat.
(3)The consumer is informed pursuant to Section 114091 to ensure its safety, the food should be cooked as specified in subdivision (a) or (b).
(4)The department grants a variance from subdivision (a) or (b) pursuant to Section 114417 based on a HACCP plan that satisfies all of the following conditions:
(A)It is submitted by the permitholder and approved pursuant to Sections 114417.1 and 114417.3.
(B)It documents scientific data or other information showing that a lesser time and temperature regimen results in safe food.
(C)It verifies that equipment and procedures for food prepared and training of food employees at the food facility meet the conditions of the variance.
SEC. 7.Section 114021 of the Health and Safety Code is amended to read:114021.(a)Food shall be obtained from sources that comply with all applicable laws.
(b)Food stored or prepared in a private home shall not be used or offered for sale in a food facility, unless that food is prepared by a cottage food operation that is registered or has a permit pursuant to Section 114365.
(c)Whole-muscle, intact beef steaks that are intended for consumption in an undercooked form that does not satisfy the conditions for service pursuant to subdivision (c) of Section 114004 shall satisfy all of the following conditions:
(1)Either of the food has been obtained from a food processing plant that, upon request by the purchaser, packages the steaks and labels them to indicate that the steak meets the definition of whole-muscle, intact beef, or is deemed acceptable by the enforcement agency based on other evidence, such as written buyer specifications or invoices, that indicate that the steaks meet the definition of whole-muscle intact beef.
(2)If the food is individually cut in a food facility, all of the following conditions are satisfied:
(A)The food is cut from whole-muscle intact beef that is labeled by a food processing plant as specified in paragraph (1).
(B)The food is prepared so it remains intact.
(C)If the food is packaged for undercooking in a food facility, the food is labeled as specified in paragraph (1).
SEC. 8.Section 114057.1 of the Health and Safety Code is amended to read:114057.1.(a)A food facility that packages food using a reduced-oxygen packaging method and Clostridium botulinum is identified as a microbiological hazard in the final prepackaged form shall ensure that there are at least two barriers in place to control the growth and toxin formation of Clostridium botulinum.
(b)A food facility that packages food using a reduced-oxygen packaging method and Clostridium botulinum is identified as a microbiological hazard in the final prepackaged form shall have an approved HACCP plan that does all of the following:
(1)Contains the information specified under Section 114419.1.
(2)Identifies the food to be prepackaged.
(3)Limits the food prepackaged to a food that does not support the growth of Clostridium botulinum because it complies with one of the following:
(A)Has an aw of 0.91 or less.
(B)Has a pH of 4.6 or less.
(C)Is a meat or poultry product cured at a food processing plant regulated by the U.S.D.A. and is received in an intact package.
(D)Is a food with a high level of competing organisms, such as raw meat or raw poultry.
(4)Specifies methods for maintaining food at 41F or below.
(5)Describes how the packages shall be prominently and conspicuously labeled on the principal display panel in bold type on a contrasting background, with instructions to maintain the food at 41F or below and discard the food if within 14 calendar days of its packaging it is not served for on-premises consumption, or consumed if served or sold for off-premises consumption.
(6)Limits the refrigerated shelf life to no more than 14 calendar days from packaging to consumption, except the time product is maintained frozen, or the original manufacturers sell by or use by date, whichever occurs first.
(7)Includes operational procedures that prohibit contacting food with bare hands, identify a designated area and the method by which physical barriers or methods of separation of raw foods and ready-to-eat foods minimize cross-contamination and access to the processing equipment is restricted to responsible trained personnel familiar with the potential hazards of the operation, and delineate cleaning and sanitization procedures for food-contact surfaces.
(8)Describes the training program that ensures that individuals responsible for the reduced-oxygen packaging operation understand the concepts required for a safe operation, the equipment and facilities, and the procedures specified under paragraph (7) and Section 114419.1.
(c)Except for fish that is frozen before, during, and after packaging, a food facility shall not package fish using a reduced-oxygen packaging method.
(d)A food facility is not required to have an HACCP plan if the food facility uses a reduced-oxygen packaging method to package hazardous food that always complies with the following standards with respect to packaging the hazardous food:
(1)The food is labeled with the production time and date.
(2)The food is held at 41oF or lower during refrigerated storage.
(3)The food is removed from its package in the food facility within 48 hours after packaging.
SEC. 9.Section 114299 of the Health and Safety Code is amended to read:114299.(a)Except as specified in subdivision (c), the business name or name of the operator, city, state, ZIP Code, and name of the permittee, permitholder, if different from the name of the food facility, shall be legible, clearly visible to consumers, and permanently affixed on the consumer side of the mobile food facility and on a mobile support unit.
(b)The business name shall be in letters at least 3 inches high. Letters and numbers for the city, state, and ZIP Code ZIP code, and permitholder name, if different from the business name, shall not be less than one inch high. The color of each letter and number shall contrast with its background.
(c)Notwithstanding subdivision (a), motorized mobile food facilities and mobile support units shall have the required identification on two sides.
SEC. 10.Section 114093 of the Health and Safety Code is repealed.114093.Notwithstanding Section 114004, a ready-to-eat salad dressing or sauce containing a raw or less-than-thoroughly cooked egg as an ingredient, and other ready-to-eat foods made from or containing eggs, comminuted meat, or single pieces of meat, including beef, veal, lamb, pork, poultry, fish, and seafood, that are raw or have not been thoroughly cooked as specified in Section 114004 may be served if either of the following requirements is met:
(a)The consumer specifically orders that the food be individually prepared less than thoroughly cooked.
(b)The food facility notifies the consumer, orally or in writing, at the time of ordering, that the food is raw or less than thoroughly cooked.
SEC. 11.Section 114093 is added to the Health and Safety Code, to read:114093.(a)Except as specified in subdivision (c) and paragraph (4) of subdivision (d) of Section 114004 and pursuant to subdivision (e) of Section 114091, if an animal food, including beef, eggs, fish, lamb, milk, pork, poultry, or shellfish is served or sold raw, undercooked, or without otherwise being processed to eliminate pathogens, either in ready-to-eat form or as an ingredient in another ready-to-eat food, the permitholder shall inform consumers of the significantly increased risk of consuming those foods by way of a disclosure pursuant to subdivision (b) and reminder pursuant to subdivisions (c), using brochures, deli case or menu advisories, label statements, table tents, placards, or other effective written means.
(b)Disclosure means a written statement that clearly includes either of the following:
(1)A description of the animal-derived foods, such as oysters on the half shell (raw oysters), raw-egg Caesar salad, and hamburgers (can be cooked to order).
(2)Identification of the animal-derived foods marked by an asterisk denoting a footnote that states that the items are served raw or undercooked, or contain or may contain raw or undercooked ingredients.
(c)Reminder means a written statement that identifies the animal-derived foods by an asterisk that denotes a footnote that includes either of the following disclosure statements:
(1)Written information regarding the safety of these food items is available upon request.
(2)Consuming raw or undercooked meats, poultry, seafood, shellfish, or eggs may increase your risk of foodborne illness, especially if you have certain medical conditions.
SEC. 12.Section 114419 of the Health and Safety Code is amended to read:114419.(a)Food facilities may engage in any of the following activities only pursuant to an HACCP plan as specified in Section 114419.1:
(1)Smoking food as a method of food preservation rather than as a method of flavor enhancement.
(2)Curing food.
(3)Using food additives or adding components such as vinegar as a method of food preservation rather than as a method of flavor enhancement, or to render a food so that it is not potentially hazardous.
(4)Operating a molluscan shellfish life support system display tank used to store and display shellfish that are offered for human consumption.
(5)Custom processing animals that are for personal use as food and not for sale or service in a food facility.
(6)Preparing food by another method that is determined by the enforcement agency to require an HACCP plan.
(b)Food facilities may engage in the following only pursuant to an HACCP plan that has been approved by the department:
(1)Using acidification or water activity to prevent the growth of Clostridium botulinum.
(2)Packaging potentially hazardous food using a reduced-oxygen packaging method as specified in Section 114057.1. 114057.1, except if the food facility uses a reduced-oxygen packaging method to package hazardous food that always complies with the following standards with respect to packaging the hazardous food:
(A)The food is labeled with the production time and date.
(B)The food is held at 41oF or lower during refrigerated storage.
(C)The food is removed from its package in the food facility within 48 hours after packaging.
SEC. 13.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB 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.
|
Date
|
Status
|
|---|---|
| May 5, 2016 | Read third time. Passed. (Ayes 36. Noes 0.) Ordered to the Assembly. |
| Aug 25, 2016 | Chaptered by Secretary of State. Chapter 195, Statutes of 2016. |
| Aug 25, 2016 | Approved by the Governor. |
| Aug 16, 2016 | Enrolled and presented to the Governor at 11:30 a.m. |
| Aug 11, 2016 | Assembly amendments concurred in. (Ayes 37. Noes 0. Page 4881.) Ordered to engrossing and enrolling. |
| Aug 11, 2016 | Assembly amendments concurred in. (Ayes 36. Noes 0.) Ordered to engrossing and enrolling. |
| Aug 10, 2016 | Ordered to special consent calendar. |
| Aug 4, 2016 | Read third time. Passed. (Ayes 77. Noes 0. Page 5719.) Ordered to the Senate. |
| Aug 4, 2016 | Read third time. Passed. Ordered to the Senate. |
| Aug 4, 2016 | In Senate. Concurrence in Assembly amendments pending. |
| Jun 30, 2016 | Read second time. Ordered to consent calendar. |
| Jun 29, 2016 | From committee: Do pass. Ordered to consent calendar. (Ayes 18. Noes 0.) (June 29). |
| Jun 16, 2016 | Read second time and amended. Re-referred to Com. on APPR. |
| Jun 15, 2016 | From committee: Do pass as amended and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 15. Noes 0.) (June 14). |
| May 25, 2016 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on HEALTH. |
| May 12, 2016 | Referred to Com. on HEALTH. |
| Feb 16, 2016 | Introduced. Read first time. To Com. on RLS. for assignment. To print. |
| May 5, 2016 | Read third time. Passed. (Ayes 36. Noes 0. Page 3775.) Ordered to the Assembly. |
| May 5, 2016 | In Assembly. Read first time. Held at Desk. |
| May 3, 2016 | Read second time. Ordered to consent calendar. |
| May 2, 2016 | From committee: Be ordered to second reading pursuant to Senate Rule 28.8 and ordered to consent calendar. |
| Apr 22, 2016 | Set for hearing May 2. |
| Apr 18, 2016 | Withdrawn from committee. |
| Apr 18, 2016 | Re-referred to Com. on APPR. |
| Apr 14, 2016 | Read second time and amended. Re-referred to Com. on JUD. |
| Apr 13, 2016 | From committee: Do pass as amended and re-refer to Com. on JUD. with recommendation: To consent calendar. (Ayes 9. Noes 0.) (April 6). |
| Apr 13, 2016 | From committee: Do pass as amended and re-refer to Com. on JUD. with recommendation: To consent calendar. (Ayes 9. Noes 0. Page 3445.) (April 6). |
| Mar 29, 2016 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on HEALTH. |
| Mar 28, 2016 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on HEALTH. |
| Mar 15, 2016 | Set for hearing April 6. |
| Feb 25, 2016 | Referred to Coms. on HEALTH and JUD. |
| Feb 17, 2016 | From printer. May be acted upon on or after March 18. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Aug 11, 2016 | Special Consent SB1067 Huff Concurrence | Senate Floor |
Passed |
|
| Aug 4, 2016 | SB 1067 Huff Consent Calendar Second Day Regular Session | Assembly Floor |
Passed |
|
| Jun 29, 2016 | Do pass. To Consent Calendar. | Assembly Standing Committee on Appropriations |
Passed |
|
| Jun 14, 2016 | Do pass as amended, and be re-referred to the Committee on [Appropriations] with recommendation: To Consent Calendar | Assembly Standing Committee on Health |
Passed |
|
| May 5, 2016 | Consent Calendar 2nd SB1067 Huff | Senate Floor |
Passed |
|
| Apr 6, 2016 | Do pass as amended, but first amend, and re-refer to the Committee on [Judiciary] with the recommendation: To Consent Calendar | Senate Standing Committee on Health |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB |
UNFINISHED BUSINESS
Bill No: SB 1067
:
SENATE HEALTH COMMITTEE: 9-0, 4/6/16
AYES: Hernandez, Nguyen, Hall, Mitchell, Monning, Nielsen, Pan, Roth, Wolk
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
SENATE FLOOR: 36-0, 5/5/16 (Consent)
AYES: Allen, Bates, Beall, Berryhill, Block, Cannella, De León, Fuller, Gaines, Galgiani, Glazer, Hall, Hancock, Hernandez, Hertzberg, Hill, Hueso, Huff, Jackson, Lara, Leno, Leyva, Liu, McGuire, Mendoza, Mitchell, Monning, Morrell, Nguyen, Nielsen, Pan, Pavley, Roth, Stone, Wieckowski, Wolk
NO VOTE RECORDED: Anderson, Moorlach, Runner, Vidak
ASSEMBLY FLOOR: 77-0, 8/4/16 (Consent) - See last page for vote
DIGEST: This bill requires the food safety certification examination, which must be completed by at least one person at every retail food facility, to include major food allergens and the symptoms that these allergens could cause in individuals who have allergic reactions. Additionally, revises and recasts provisions of law governing the serving of raw and undercooked meat, and makes various other updates and minor changes to the laws governing retail food facilities.
Assembly Amendments are technical and clarifying.
Existing law:
- Establishes the California Retail Food Code (CalCode) to regulate retail food facilities, which is enforced by local environmental health officers.
- Defines a food facility as an operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption, on or off the premises, regardless of whether there is a charge, at the retail level.
- Requires a food facility to designate a “person in charge” and requires a person in charge to be present at the food facility during all hours of operation. Among other responsibilities, the person in charge is required to have knowledge of safe food handling practices as they relate to the specific food preparation activities that occur at the food facility.
- Requires food facilities that prepare non-prepackaged potentially hazardous food to have an owner or employee who has successfully passed an approved and accredited food safety certification examination, as specified, but specifies that this certified person does not need to be present at the food facility during all hours of operation.
- Requires the food safety certification examination to include specified elements of knowledge, including knowledge on foodborne illness, the relationship between hygiene and food safety, methods of preventing food contamination, and procedures for cleaning and sanitizing equipment, among other specified elements.
- Defines “potentially hazardous food” as a food that requires time or temperature control to limit pathogenic micro-organism growth or toxin formation. Requires potentially hazardous food to be maintained at or above 135 degrees Fahrenheit, or at or below 41 degrees Fahrenheit.
This bill:
- Defines “major food allergen” as all of the following:
- Milk;
- Eggs;
- Fish, including, but not limited to, bass, flounder, and cod;
- Crustacean shellfish, including, but not limited to crab, lobster, and shrimp;
- Tree nuts, including, but not limited to, almonds, pecans, and walnuts;
- Wheat;
- Peanuts;
- Soybeans; and,
- A food ingredient that contains protein derived from any of the foods listed above.
- Excludes from the definition of “major food allergen” a highly refined oil derived from one of the foods specified as a major food allergen, and also excludes an ingredient that is exempt under the petition or notification process specified in the federal Food Allergen Labeling and Consumer Protection Act of 2004.
- Requires the designated “person in charge” at retail food facilities to comply with both of the following:
- Have adequate knowledge of major food allergens, and the symptoms that a major food allergen could cause in a sensitive individual who has an allergic reaction; and,
- Educate the employees at the food facility regarding major food allergens and the symptoms they could cause. Permits this person in charge to accomplish this education requirement by, among other methods, using a poster or job aid to which the employee can refer.
- Requires the food safety certification examination, which each food facility is required to have at least one employee pass, to include describing foods identified as major food allergens and the symptoms that a major food allergen could cause in a sensitive individual who has an allergic reaction.
- Repeals provisions of existing law, in order to replace with alternative disclosure requirements, which permit single pieces of meat and fish, or a salad dressing or sauce containing a raw egg, to be served raw or not cooked to the otherwise specified temperature, if the consumer specifically ordered the food to be individually prepared less than thoroughly cooked, and the food facility notifies the consumer, orally or in writing, at the time of ordering, that the food is raw or less than thoroughly cooked.
- Permits a raw or undercooked whole-muscle, intact beef steak to be served or offered for sale in a ready-to-eat form if all of the following conditions are satisfied:
- The food facility serves a population that is not a highly susceptible population;
- The steak is labeled to indicate that it meets the definition of “whole muscle, intact beef,” as specified; and,
- The steak is cooked on both the top and bottom to a surface temperature of 145 degrees Fahrenheit or above and a cooked color change is achieved on all external surfaces.
- Requires whole-muscle, intact beef steaks that are intended for consumption in an undercooked form to satisfy the following conditions:
- Either the food has been obtained from a food processing plant that, upon request by the purchaser, packages the steaks and labels them to indicate that the steak meets the definition of whole-muscle, intact beef, or is deemed acceptable by the enforcement agency based on other evidence; and,
- If the food is individually cut in a food facility, the food must be cut from whole-muscle intact beef that is so labeled, the food is prepared so it remains intact, and if packaged for undercooking in a food facility, relabeled as a whole-muscle, intact beef.
- Permits a raw animal food, such as raw egg, raw fish, raw marinated fish, raw mulluscan shellfish, or steak tartare, or a partially cooked food such as lightly cooked fish, soft cooked eggs, or rare meat other than whole-muscle, intact beef steaks, to be served upon consumer request or selection in a ready-to-eat form if either of the following conditions are satisfied:
- The food facility serves a population that is not a highly susceptible population, as defined; the food, if served from a children’s menu, does not contain comminuted meat (i.e., ground meat); and the consumer is informed that to ensure its safety, the food should be fully cooked; or,
- The Department of Public Health grants a variance from the required cooking temperatures based on a Hazard Analysis Critical Control Point (HACCP) plan that documents scientific data showing that a lesser time and temperature regimen results in safe food, and the plan has been submitted and approved, as specified.
- Requires a food facility, if an animal food is served or sold raw, undercooked, or without otherwise being processed to eliminate pathogens, to inform consumers of the significantly increased risk of consuming those foods by way of a disclosure, as specified, and a reminder, as specified, using brochures, deli case or menu advisories, label statements, table tents, placards, or other effective written means.
- Specifies, for purposes of the provision in 9) above, “disclosure” means a written statement that clearly includes a description of the animal-derived foods, such as “oysters on the half shell (raw oysters)” or identification of the animal-derived foods marked by an asterisk denoting a footnote that states that the items are served raw or undercooked.
- Specifies, for purposes of the provision in 9) above, “reminder” means a written statement that identifies the animal derived foods by an asterisk that denotes a footnote that includes either of the following disclosure statements: “written information regarding the safety of these food items is available upon request,” or “consuming raw or undercooked meats, poultry, seafood, shellfish, or eggs may increase your risk of foodborne illness, especially if you have certain medical conditions.”
- Specifies, for purposes of requirements pertaining to food facilities that package food, that a food facility is not required to have an HACCP plan if the facility uses a reduced-oxygen packaging method to package hazardous food that always complies with the following standards:
- The food is labeled with the production time and date;
- The food is held at 41 degrees Fahrenheit or lower during refrigerated storage; and,
- The food is removed from its package in the food facility within 48 hours after packaging.
- Clarifies that “juicing” is considered preparing a beverage, and is therefore only subject to the more minor “limited food preparation” requirements.
- Contains other minor, technical updates and revisions to the CalCode.
Comments
- Author’s statement. According to the author, in 2013, the federal Food and Drug Administration (FDA) updated the “Model Food Code.” The Food Code is a model for safeguarding public health and ensuring food is unadulterated and honestly presented when offered to the consumer, and represents FDA’s best advice for a uniform system of provisions that address the safety and protection of food offered at retail and in food service. The author states that that California adopted the Model Food Code in 2006, and because none of the Model Food Code has been adopted in implementing regulations, all of the updates needed to be incorporated into statute.
With regard to recent amendments that incorporated provisions relating to food allergies (not part of the Model Food Code), the author states that food allergies are an increasing food safety and public health issue, affecting approximately 4 percent of the U.S. population. Restaurant and retail food service managers and employees need to be aware of the serious nature of food allergies, including allergic reactions, anaphylaxis, and death; to know the eight major food allergens; to understand food allergen ingredient identities and labeling; and to avoid cross-contact during food preparation and service. This bill will clarify that as part of their duties, the Certified Food Manager will also now be required to provide training on food allergy awareness training to the “person in charge” and the food handlers, as it relates to their assigned duties. Currently ServSafe and the other approved testing providers already include food allergy awareness as part of the training curriculum.
Prior Legislation
AB 2130 (Pan and Gatto, Chapter 75, Statutes of 2014), repealed provisions of law enacted last year that prohibits retail food employees from contacting exposed ready-to-eat foods with their bare hands, and replaces these provisions with the law that existed prior to the enactment of these provisions, which require food employees to minimize bare hand contact with ready-to-eat foods.
AB 1252 (Committee on Health, Chapter 556, Statutes of 2013), made numerous technical, clarifying, and non-controversial changes to the CalCode, and prohibited bare hand contact with ready-to-eat food without prior authorization from the local environmental health department.
SB 144 (Runner, Chapter 23, Statutes of 2006), established the CalCode in order 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.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
According to the Assembly Committee on Appropriations:
Negligible state costs. Retail food safety laws are locally enforced by environmental health departments and can be funded through local fees on retail facilities.
California Association of Environmental Health Administrators
California Retail Food Safety Coalition
None received
ARGUMENTS IN SUPPORT: This bill is supported by the California Association of Environmental Health Administrators (CAEHA), which states it will make several technical changes to CalCode to ensure that California law is more consistent with the nationally-adopted Model Food Code. CAEHA states that it is a founding member of the California Retail Food Safety Coalition, a collaboration of more than 60 federal, state and local regulators and retail food industry representatives who have been working for the past 15 years to improve our California retail food safety laws and make them more consistent with the Model Food Code which is periodically updated. CAEHA states that in addition to establishing clear allergen awareness knowledge for persons in charge of retail food outlets, the bill addresses several other inconsistencies in CalCode, including those pertaining to HACCP plans and health risk disclosure, and provides for greater opportunities for juicing fresh vegetables.
ASSEMBLY FLOOR: 77-0, 8/4/16
AYES: Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chiu, Chu, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Quirk, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Rendon
NO VOTE RECORDED: Chávez, Cooley, Roger Hernández
8/5/16 13:27:19
**** END ****
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB |
UNFINISHED BUSINESS
Bill No: SB 1067
:
SENATE HEALTH COMMITTEE: 9-0, 4/6/16
AYES: Hernandez, Nguyen, Hall, Mitchell, Monning, Nielsen, Pan, Roth, Wolk
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
SENATE FLOOR: 36-0, 5/5/16 (Consent)
AYES: Allen, Bates, Beall, Berryhill, Block, Cannella, De León, Fuller, Gaines, Galgiani, Glazer, Hall, Hancock, Hernandez, Hertzberg, Hill, Hueso, Huff, Jackson, Lara, Leno, Leyva, Liu, McGuire, Mendoza, Mitchell, Monning, Morrell, Nguyen, Nielsen, Pan, Pavley, Roth, Stone, Wieckowski, Wolk
NO VOTE RECORDED: Anderson, Moorlach, Runner, Vidak
ASSEMBLY FLOOR: 77-0, 8/4/16 (Consent) - See last page for vote
DIGEST: This bill requires the food safety certification examination, which must be completed by at least one person at every retail food facility, to include major food allergens and the symptoms that these allergens could cause in individuals who have allergic reactions. Additionally, revises and recasts provisions of law governing the serving of raw and undercooked meat, and makes various other updates and minor changes to the laws governing retail food facilities.
Assembly Amendments are technical and clarifying.
Existing law:
- Establishes the California Retail Food Code (CalCode) to regulate retail food facilities, which is enforced by local environmental health officers.
- Defines a food facility as an operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption, on or off the premises, regardless of whether there is a charge, at the retail level.
- Requires a food facility to designate a “person in charge” and requires a person in charge to be present at the food facility during all hours of operation. Among other responsibilities, the person in charge is required to have knowledge of safe food handling practices as they relate to the specific food preparation activities that occur at the food facility.
- Requires food facilities that prepare non-prepackaged potentially hazardous food to have an owner or employee who has successfully passed an approved and accredited food safety certification examination, as specified, but specifies that this certified person does not need to be present at the food facility during all hours of operation.
- Requires the food safety certification examination to include specified elements of knowledge, including knowledge on foodborne illness, the relationship between hygiene and food safety, methods of preventing food contamination, and procedures for cleaning and sanitizing equipment, among other specified elements.
- Defines “potentially hazardous food” as a food that requires time or temperature control to limit pathogenic micro-organism growth or toxin formation. Requires potentially hazardous food to be maintained at or above 135 degrees Fahrenheit, or at or below 41 degrees Fahrenheit.
This bill:
- Defines “major food allergen” as all of the following:
- Milk;
- Eggs;
- Fish, including, but not limited to, bass, flounder, and cod;
- Crustacean shellfish, including, but not limited to crab, lobster, and shrimp;
- Tree nuts, including, but not limited to, almonds, pecans, and walnuts;
- Wheat;
- Peanuts;
- Soybeans; and,
- A food ingredient that contains protein derived from any of the foods listed above.
- Excludes from the definition of “major food allergen” a highly refined oil derived from one of the foods specified as a major food allergen, and also excludes an ingredient that is exempt under the petition or notification process specified in the federal Food Allergen Labeling and Consumer Protection Act of 2004.
- Requires the designated “person in charge” at retail food facilities to comply with both of the following:
- Have adequate knowledge of major food allergens, and the symptoms that a major food allergen could cause in a sensitive individual who has an allergic reaction; and,
- Educate the employees at the food facility regarding major food allergens and the symptoms they could cause. Permits this person in charge to accomplish this education requirement by, among other methods, using a poster or job aid to which the employee can refer.
- Requires the food safety certification examination, which each food facility is required to have at least one employee pass, to include describing foods identified as major food allergens and the symptoms that a major food allergen could cause in a sensitive individual who has an allergic reaction.
- Repeals provisions of existing law, in order to replace with alternative disclosure requirements, which permit single pieces of meat and fish, or a salad dressing or sauce containing a raw egg, to be served raw or not cooked to the otherwise specified temperature, if the consumer specifically ordered the food to be individually prepared less than thoroughly cooked, and the food facility notifies the consumer, orally or in writing, at the time of ordering, that the food is raw or less than thoroughly cooked.
- Permits a raw or undercooked whole-muscle, intact beef steak to be served or offered for sale in a ready-to-eat form if all of the following conditions are satisfied:
- The food facility serves a population that is not a highly susceptible population;
- The steak is labeled to indicate that it meets the definition of “whole muscle, intact beef,” as specified; and,
- The steak is cooked on both the top and bottom to a surface temperature of 145 degrees Fahrenheit or above and a cooked color change is achieved on all external surfaces.
- Requires whole-muscle, intact beef steaks that are intended for consumption in an undercooked form to satisfy the following conditions:
- Either the food has been obtained from a food processing plant that, upon request by the purchaser, packages the steaks and labels them to indicate that the steak meets the definition of whole-muscle, intact beef, or is deemed acceptable by the enforcement agency based on other evidence; and,
- If the food is individually cut in a food facility, the food must be cut from whole-muscle intact beef that is so labeled, the food is prepared so it remains intact, and if packaged for undercooking in a food facility, relabeled as a whole-muscle, intact beef.
- Permits a raw animal food, such as raw egg, raw fish, raw marinated fish, raw mulluscan shellfish, or steak tartare, or a partially cooked food such as lightly cooked fish, soft cooked eggs, or rare meat other than whole-muscle, intact beef steaks, to be served upon consumer request or selection in a ready-to-eat form if either of the following conditions are satisfied:
- The food facility serves a population that is not a highly susceptible population, as defined; the food, if served from a children’s menu, does not contain comminuted meat (i.e., ground meat); and the consumer is informed that to ensure its safety, the food should be fully cooked; or,
- The Department of Public Health grants a variance from the required cooking temperatures based on a Hazard Analysis Critical Control Point (HACCP) plan that documents scientific data showing that a lesser time and temperature regimen results in safe food, and the plan has been submitted and approved, as specified.
- Requires a food facility, if an animal food is served or sold raw, undercooked, or without otherwise being processed to eliminate pathogens, to inform consumers of the significantly increased risk of consuming those foods by way of a disclosure, as specified, and a reminder, as specified, using brochures, deli case or menu advisories, label statements, table tents, placards, or other effective written means.
- Specifies, for purposes of the provision in 9) above, “disclosure” means a written statement that clearly includes a description of the animal-derived foods, such as “oysters on the half shell (raw oysters)” or identification of the animal-derived foods marked by an asterisk denoting a footnote that states that the items are served raw or undercooked.
- Specifies, for purposes of the provision in 9) above, “reminder” means a written statement that identifies the animal derived foods by an asterisk that denotes a footnote that includes either of the following disclosure statements: “written information regarding the safety of these food items is available upon request,” or “consuming raw or undercooked meats, poultry, seafood, shellfish, or eggs may increase your risk of foodborne illness, especially if you have certain medical conditions.”
- Specifies, for purposes of requirements pertaining to food facilities that package food, that a food facility is not required to have an HACCP plan if the facility uses a reduced-oxygen packaging method to package hazardous food that always complies with the following standards:
- The food is labeled with the production time and date;
- The food is held at 41 degrees Fahrenheit or lower during refrigerated storage; and,
- The food is removed from its package in the food facility within 48 hours after packaging.
- Clarifies that “juicing” is considered preparing a beverage, and is therefore only subject to the more minor “limited food preparation” requirements.
- Contains other minor, technical updates and revisions to the CalCode.
Comments
- Author’s statement. According to the author, in 2013, the federal Food and Drug Administration (FDA) updated the “Model Food Code.” The Food Code is a model for safeguarding public health and ensuring food is unadulterated and honestly presented when offered to the consumer, and represents FDA’s best advice for a uniform system of provisions that address the safety and protection of food offered at retail and in food service. The author states that that California adopted the Model Food Code in 2006, and because none of the Model Food Code has been adopted in implementing regulations, all of the updates needed to be incorporated into statute.
With regard to recent amendments that incorporated provisions relating to food allergies (not part of the Model Food Code), the author states that food allergies are an increasing food safety and public health issue, affecting approximately 4 percent of the U.S. population. Restaurant and retail food service managers and employees need to be aware of the serious nature of food allergies, including allergic reactions, anaphylaxis, and death; to know the eight major food allergens; to understand food allergen ingredient identities and labeling; and to avoid cross-contact during food preparation and service. This bill will clarify that as part of their duties, the Certified Food Manager will also now be required to provide training on food allergy awareness training to the “person in charge” and the food handlers, as it relates to their assigned duties. Currently ServSafe and the other approved testing providers already include food allergy awareness as part of the training curriculum.
Related/Prior Legislation
AB 2130 (Pan and Gatto, Chapter 75, Statutes of 2014), repealed provisions of law enacted last year that prohibits retail food employees from contacting exposed ready-to-eat foods with their bare hands, and replaces these provisions with the law that existed prior to the enactment of these provisions, which require food employees to minimize bare hand contact with ready-to-eat foods.
AB 1252 (Committee on Health, Chapter 556, Statutes of 2013), made numerous technical, clarifying, and non-controversial changes to the CalCode, and prohibited bare hand contact with ready-to-eat food without prior authorization from the local environmental health department.
SB 144 (Runner, Chapter 23, Statutes of 2006), established the CalCode in order 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.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
According to the Assembly Committee on Appropriations:
Negligible state costs. Retail food safety laws are locally enforced by environmental health departments and can be funded through local fees on retail facilities.
Allergy and Asthma Foundation of America
Allergy & Asthma Network
California Association of Environmental Health Administrators
California Retail Food Safety Coalition
Food Allergy Research and Education
None received
ARGUMENTS IN SUPPORT: This bill is supported by the California Association of Environmental Health Administrators (CAEHA), which states it will make several technical changes to CalCode to ensure that California law is more consistent with the nationally-adopted Model Food Code. CAEHA states that it is a founding member of the California Retail Food Safety Coalition, a collaboration of more than 60 federal, state and local regulators and retail food industry representatives who have been working for the past 15 years to improve our California retail food safety laws and make them more consistent with the Model Food Code which is periodically updated. CAEHA states that in addition to establishing clear allergen awareness knowledge for persons in charge of retail food outlets, the bill addresses several other inconsistencies in CalCode, including those pertaining to HACCP plans and health risk disclosure, and provides for greater opportunities for juicing fresh vegetables.
ASSEMBLY FLOOR: 77-0, 8/4/16
AYES: Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chiu, Chu, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Quirk, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Rendon
NO VOTE RECORDED: Chávez, Cooley, Roger Hernández
8/5/16 16:08:24
**** END ****
Date of Hearing: June 29, 2016
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez, Chair
SBPCA Bill Id:SB 1067
Author:(Huff) – As Amended Ver:June 16, 2016
Policy Committee: | Health | Vote: | 15 - 0 |
|
|
Urgency: No State Mandated Local Program: Yes Reimbursable: No
SUMMARY:
This bill modifies the California Retail Food Code (CRFC) to align with updated Food and Drug Administration (FDA) model code governing retail food safety. Specifically, this bill:
- Requires the food safety certification examination, which must be completed by at least one person at every retail food facility, to include knowledge of major food allergens.
- Modifies provisions governing raw or undercooked animal-derived products.
- Clarifies “juicing” is considered preparing a beverage, and is therefore only subject to less stringent “limited food preparation” requirements.
- Contains other minor and noncontroversial revisions to the California Retail Food Code (CRFC).
FISCAL EFFECT:
Negligible state costs. Retail food safety laws are locally enforced by environmental health departments and can be funded through local fees on retail facilities.
COMMENTS:
- Purpose. According to the author, this bill is necessary because it updates the CRFC to conform to recent federal recommendations. This bill is sponsored by the CRFC Coalition, which is a collaboration of more than 60 federal, state, local regulators, retail food industry representatives that advises on periodic updates to the CRFC.
- Background. The CRFC establishes uniform statewide health and sanitation standards for retail food facilities. The FDA publishes the Food Code, a model that assists food control jurisdictions by providing them with a scientifically sound technical and legal basis for regulating the retail and food service segment of the industry.
- Related Legislation. AB 1252 (Committee on Health), Chapter 556, Statutes of 2013, was the last major update to the CRFC. AB 2130 (Pan and Gatto), Chapter 75, Statutes of 2014 repealed one provision of AB 1252 related to "bare-hand contact" with food, which had resulted in significant concern for small food facilities.
Analysis Prepared by: Lisa Murawski / APPR. / (916) 319-2081
Date of Hearing: June 14, 2016
ASSEMBLY COMMITTEE ON HEALTH
Jim Wood, Chair
SBPCA Bill Id:SB 1067
Author:(Huff) – As Amended Ver:May 25, 2016
SENATE VOTE: 36-0
SUBJECT: Food facilities.
SUMMARY: Requires the food safety certification examination, which must be completed by at least one person at every retail food facility, to include knowledge of major food allergens. Specifies the knowledge and educational responsibilities required of the person in charge of a food facility regarding major food allergens. Revises provisions of law governing the serving of raw and undercooked meat, and makes various other updates and minor changes to the laws governing retail food facilities. Specifically, this bill:
- Defines “major food allergen” as all of the following:
a) Milk;- Eggs;
- Fish, including, but not limited to, bass, flounder, and cod;
- Crustacean shellfish, including, but not limited to crab, lobster, and shrimp;
- Tree nuts, including, but not limited to, almonds, pecans, and walnuts;
- Wheat;
- Peanuts;
- Soybeans; and,
- A food ingredient that contains protein derived from any of the foods listed above.
- Excludes from the definition of “major food allergen” a highly refined oil derived from one of the foods specified as a major food allergen, and also excludes an ingredient that is exempt under the petition or notification process specified in the federal Food Allergen Labeling and Consumer Protection Act of 2004.
- Requires the designated “person in charge” at retail food facilities to comply with both of the following:
- Have adequate knowledge of major food allergens, and the symptoms that a major food allergen could cause in a sensitive individual who has an allergic reaction; and,
- Educate the employees at the food facility regarding major food allergens and the symptoms they could cause. Permits this person in charge to accomplish this education requirement by, among other methods, using a poster or job aid to which the employee can refer.
- Have adequate knowledge of major food allergens, and the symptoms that a major food allergen could cause in a sensitive individual who has an allergic reaction; and,
- Requires the food safety certification examination, which each food facility is required to have at least one employee pass, to include describing foods identified as major food allergens and the symptoms that a major food allergen could cause in a sensitive individual who has an allergic reaction.
- Permits a raw or undercooked whole-muscle, intact beef steak to be served or offered for sale in a ready-to-eat form if all of the following conditions are satisfied.
- The food facility serves a population that is not a highly susceptible population;
- The steak is labeled to indicate that it meets the definition of “whole muscle, intact beef,” as specified; and,
- The steak is cooked on both the top and bottom to a surface temperature of 145 degrees Fahrenheit or above and a cooked color change is achieved on all external surfaces.
- Requires whole-muscle, intact beef steaks that are intended for consumption in an undercooked form to satisfy the following conditions:
- Either the food has been obtained from a food processing plant that, upon request by the purchaser, packages the steaks and labels them to indicate that the steak meets the definition of whole-muscle, intact beef, or is deemed acceptable by the enforcement agency based on other evidence; and,
- If the food is individually cut in a food facility, the food must be cut from whole-muscle intact beef that is so labeled, the food is prepared so it remains intact, and if packaged for undercooking in a food facility, relabeled as a whole-muscle, intact beef.
- Permits a raw animal food, such as raw egg, raw fish, raw marinated fish, raw mulluscan shellfish, or steak tartare, or a partially cooked food such as lightly cooked fish, soft cooked eggs, or rare meat other than whole-muscle, intact beef steaks, to be served upon consumer request or selection in a ready-to-eat form if either of the following conditions are satisfied:
- The food facility serves a population that is not a highly susceptible population, as defined; the food, if served from a children’s menu, does not contain comminuted meat (i.e., ground meat); and, the consumer is informed that to ensure its safety, the food should be fully cooked; or,
- The Department of Public Health grants a variance from the required cooking temperatures based on a Hazard Analysis Critical Control Point (HACCP) plan that documents scientific data showing that a lesser time and temperature regimen results in safe food, and the plan has been submitted and approved, as specified.
- Repeals a provision of existing law, in order to replace with alternative disclosure requirements, which permit single pieces of meat and fish, or a salad dressing or sauce containing a raw egg, to be served raw or not cooked to the otherwise specified temperature, if the consumer specifically ordered the food to be individually prepared less than thoroughly cooked, and the food facility notifies the consumer, orally or in writing, at the time of ordering, that the food is raw or less than thoroughly cooked. Replaces the repealed provision with new provisions noted in 9), 10), and 11) below.
- Requires a food facility, if an animal food is served or sold raw, undercooked, or without otherwise being processed to eliminate pathogens, to inform consumers of the significantly increased risk of consuming those foods by way of a disclosure, as specified, and a reminder, as specified, using brochures, deli case or menu advisories, label statements, table tents, placards, or other effective written means.
- Specifies, for purposes of the provision in 9) above, “disclosure” means a written statement that clearly includes a description of the animal-derived foods, such as “oysters on the half shell (raw oysters)” or identification of the animal-derived foods marked by an asterisk denoting a footnote that states that the items are served raw or undercooked.
- Specifies, for purposes of the provision in 9) above, “reminder” means a written statement that identifies the animal derived foods by an asterisk that denotes a footnote that includes either of the following disclosure statements:
- Written information regarding the safety of these food items is available upon request; or,
- Consuming raw or undercooked meats, poultry, seafood, shellfish, or eggs may increase your risk of foodborne illness, especially if you have certain medical conditions.
- Written information regarding the safety of these food items is available upon request; or,
- Specifies, for purposes of requirements pertaining to food facilities that package food, that a food facility is not required to have an HACCP plan if the facility uses a reduced-oxygen packaging method to package hazardous food that always complies with the following standards:
- The food is labeled with the production time and date;
- The food is held at 41 degrees Fahrenheit or lower during refrigerated storage; and,
- The food is removed from its package in the food facility within 48 hours after packaging.
- The food is labeled with the production time and date;
- Clarifies that “juicing” is considered preparing a beverage, and is therefore only subject to the more minor “limited food preparation” requirements.
- Contains other minor, technical updates and revisions to the California Retail Food Code (CRFC).
EXISTING LAW:
- Establishes the CRFC to regulate retail food facilities, which is enforced by local environmental health officers.
- Defines a food facility as an operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption, on or off the premises, regardless of whether there is a charge, at the retail level.
- Requires a food facility to designate a “person in charge” and requires the person in charge to be present at the food facility during all hours of operation. Among other responsibilities, the person in charge is required to have knowledge of safe food handling practices as they relate to the specific food preparation activities that occur at the food facility.
- Requires food facilities that prepare non-prepackaged potentially hazardous food to have an owner or employee who has successfully passed an approved and accredited food safety certification examination, as specified, but specifies that this certified person does not need to be present at the food facility during all hours of operation.
- Requires the food safety certification examination to include specified elements of knowledge, including knowledge on foodborne illness, the relationship between hygiene and food safety, methods of preventing food contamination, and procedures for cleaning and sanitizing equipment, among other specified elements.
- Defines “potentially hazardous food” as a food that requires time or temperature control to limit pathogenic micro-organism growth or toxin formation. Requires potentially hazardous food to be maintained at or above 135 degrees Fahrenheit, or at or below 41 degrees Fahrenheit.
FISCAL EFFECT: According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS:
- PURPOSE OF THIS BILL. According to the author, this bill is necessary because it updates the CRFC to conform to the model Food Code adopted by the federal Food and Drug Administration (FDA) in 2013. The author states that this bill cleans up sections of the CRFC to conform to the federal model. Although not part of the model Food Code, the author states that food allergies are an increasing food safety and public health issue, affecting approximately 4% of the U.S. population. Restaurant and retail food service managers and employees need to be aware of the serious nature of food allergies, including allergic reactions, anaphylaxis, and death; to know the eight major food allergens; to understand food allergen ingredient identities and labeling; and, to avoid cross-contact during food preparation and food service. This bill clarifies that as part of their duties, food managers will also be required to provide food allergy awareness training to employees. The author notes that currently ServSafe, a food handler certifying program sponsored by the National Restaurant Association, includes food allergy awareness as part of their training curriculum.
- BACKGROUND. The FDA publishes the Food Code, a model that assists 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 (restaurants and grocery stores and institutions such as nursing homes). Local, state, tribal, and federal regulators use the FDA Food Code as a model to develop or update their own food safety rules and to be consistent with national food regulatory policy. The 2013 Food Code is the most recent full edition published by FDA.
- SUPPORT. The California Retail Food Safety Coalition, a collaboration of more than 60 federal, state, local regulators, retail food industry representatives, and the sponsor of this bill, argue that it provides equivalency between CRFC and the FDA Food Code. The Allergy and Asthma Network and the Asthma and Allergy Foundation of America note that 15 million Americans are affected by food allergies and argue that it is important for restaurant and retail food managers and employees to be aware of the serious nature of food allergies, and to understand the best practices for managing the potential for an adverse reaction to occur in a retail food setting.
- PREVIOUS LEGISLATION.
- AB 2130 (Pan and Gatto), Chapter 75, Statutes of 2014, repeals provisions of law enacted in 2013 that prohibits retail food employees from coming in contact with exposed ready-to-eat foods with their bare hands, and replaced these provisions with prior law that requires food employees to minimize bare hand contact with ready-to-eat foods.
- AB 1252 (Committee on Health), Chapter 556, Statutes of 2013, made numerous technical, clarifying, and non-controversial changes to the CRFC, and prohibited bare hand contact with ready-to-eat food without prior authorization from the local environmental health department.
- SB 144 (Runner), Chapter 23, Statutes of 2006, established the CRFC in order 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.
- AB 2130 (Pan and Gatto), Chapter 75, Statutes of 2014, repeals provisions of law enacted in 2013 that prohibits retail food employees from coming in contact with exposed ready-to-eat foods with their bare hands, and replaced these provisions with prior law that requires food employees to minimize bare hand contact with ready-to-eat foods.
- RELATED LEGISLATION.
- SB 969 (Nguyen) permits a food facility to sell Vietnamese rice cakes that have been at room temperature for up to 48 hours, notwithstanding provisions of law that require potentially hazardous foods to either be refrigerated or kept hot. SB 969 passed the Senate and is currently pending in the Assembly Health Committee.
- SB 1258 (Huff) would have required each local educational agency to develop and have in place a comprehensive policy to protect students with food allergies. SB 1258 was held on the Senate Appropriations Committee Suspense File.
- SB 969 (Nguyen) permits a food facility to sell Vietnamese rice cakes that have been at room temperature for up to 48 hours, notwithstanding provisions of law that require potentially hazardous foods to either be refrigerated or kept hot. SB 969 passed the Senate and is currently pending in the Assembly Health Committee.
- TECHNICAL AMENDMENT. The author intends to propose the following technical amendment: On page 13, line 24, delete "an undercounter warewashing machine" and replace with "a mechanical warewashing machine."
REGISTERED SUPPORT / OPPOSITION:
Support
California Retail Food Safety Coalition (sponsor)
Allergy and Asthma Network
Asthma and Allergy Foundation of America
California Association of Environmental Health Administrators
California Retail Food Safety Coalition
Food Allergy Research and Education
Opposition
None on file.
Analysis Prepared by: John Gilman / HEALTH / (916) 319-2097
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB |
CONSENT
Bill No: SB 1067
:
SENATE HEALTH COMMITTEE: 9-0, 4/6/16
AYES: Hernandez, Nguyen, Hall, Mitchell, Monning, Nielsen, Pan, Roth, Wolk
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
DIGEST: This bill requires the food safety certification examination, which must be completed by at least one person at every retail food facility, to include major food allergens and the symptoms that these allergens could cause in individuals who have allergic reactions. Additionally, revises and recasts provisions of law governing the serving of raw and undercooked meat, and makes various other updates and minor changes to the laws governing retail food facilities.
Existing law:
- Establishes the California Retail Food Code (CalCode) to regulate retail food facilities, which is enforced by local environmental health officers.
- Defines a food facility as an operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption, on or off the premises, regardless of whether there is a charge, at the retail level.
- Requires a food facility to designate a “person in charge” and requires a person in charge to be present at the food facility during all hours of operation. Among other responsibilities, the person in charge is required to have knowledge of safe food handling practices as they relate to the specific food preparation activities that occur at the food facility.
- Requires food facilities that prepare non-prepackaged potentially hazardous food to have an owner or employee who has successfully passed an approved and accredited food safety certification examination, as specified, but specifies that this certified person does not need to be present at the food facility during all hours of operation.
- Requires the food safety certification examination to include specified elements of knowledge, including knowledge on foodborne illness, the relationship between hygiene and food safety, methods of preventing food contamination, and procedures for cleaning and sanitizing equipment, among other specified elements.
- Defines “potentially hazardous food” as a food that requires time or temperature control to limit pathogenic micro-organism growth or toxin formation. Requires potentially hazardous food to be maintained at or above 135 degrees Fahrenheit, or at or below 41 degrees Fahrenheit.
This bill:
- Defines “major food allergen” as all of the following:
- Milk;
- Eggs;
- Fish, including, but not limited to, bass, flounder, and cod;
- Crustacean shellfish, including, but not limited to crab, lobster, and shrimp;
- Tree nuts, including, but not limited to, almonds, pecans, and walnuts;
- Wheat;
- Peanuts;
- Soybeans; and,
- A food ingredient that contains protein derived from any of the foods listed above.
- Excludes from the definition of “major food allergen” a highly refined oil derived from one of the foods specified as a major food allergen, and also excludes an ingredient that is exempt under the petition or notification process specified in the federal Food Allergen Labeling and Consumer Protection Act of 2004.
- Requires the designated “person in charge” at retail food facilities to comply with both of the following:
- Have adequate knowledge of major food allergens, and the symptoms that a major food allergen could cause in a sensitive individual who has an allergic reaction; and,
- Educate the employees at the food facility regarding major food allergens and the symptoms they could cause. Permits this person in charge to accomplish this education requirement by, among other methods, using a poster or job aid to which the employee can refer.
- Requires the food safety certification examination, which each food facility is required to have at least one employee pass, to include describing foods identified as major food allergens and the symptoms that a major food allergen could cause in a sensitive individual who has an allergic reaction.
- Repeals provisions of existing law, in order to replace with alternative disclosure requirements, which permit single pieces of meat and fish, or a salad dressing or sauce containing a raw egg, to be served raw or not cooked to the otherwise specified temperature, if the consumer specifically ordered the food to be individually prepared less than thoroughly cooked, and the food facility notifies the consumer, orally or in writing, at the time of ordering, that the food is raw or less than thoroughly cooked.
- Permits a raw or undercooked whole-muscle, intact beef steak to be served or offered for sale in a ready-to-eat form if all of the following conditions are satisfied:
- The food facility serves a population that is not a highly susceptible population;
- The steak is labeled to indicate that it meets the definition of “whole muscle, intact beef,” as specified; and,
- The steak is cooked on both the top and bottom to a surface temperature of 145 degrees Fahrenheit or above and a cooked color change is achieved on all external surfaces.
- Requires whole-muscle, intact beef steaks that are intended for consumption in an undercooked form to satisfy the following conditions:
- Either the food has been obtained from a food processing plant that, upon request by the purchaser, packages the steaks and labels them to indicate that the steak meets the definition of whole-muscle, intact beef, or is deemed acceptable by the enforcement agency based on other evidence; and,
- If the food is individually cut in a food facility, the food must be cut from whole-muscle intact beef that is so labeled, the food is prepared so it remains intact, and if packaged for undercooking in a food facility, relabeled as a whole-muscle, intact beef.
- Permits a raw animal food, such as raw egg, raw fish, raw marinated fish, raw mulluscan shellfish, or steak tartare, or a partially cooked food such as lightly cooked fish, soft cooked eggs, or rare meat other than whole-muscle, intact beef steaks, to be served upon consumer request or selection in a ready-to-eat form if either of the following conditions are satisfied:
- The food facility serves a population that is not a highly susceptible population, as defined; the food, if served from a children’s menu, does not contain comminuted meat (i.e., ground meat); and the consumer is informed that to ensure its safety, the food should be fully cooked; or,
- The Department of Public Health grants a variance from the required cooking temperatures based on a Hazard Analysis Critical Control Point (HACCP) plan that documents scientific data showing that a lesser time and temperature regimen results in safe food, and the plan has been submitted and approved, as specified.
- Requires a food facility, if an animal food is served or sold raw, undercooked, or without otherwise being processed to eliminate pathogens, to inform consumers of the significantly increased risk of consuming those foods by way of a disclosure, as specified, and a reminder, as specified, using brochures, deli case or menu advisories, label statements, table tents, placards, or other effective written means.
- Specifies, for purposes of the provision in 9) above, “disclosure” means a written statement that clearly includes a description of the animal-derived foods, such as “oysters on the half shell (raw oysters)” or identification of the animal-derived foods marked by an asterisk denoting a footnote that states that the items are served raw or undercooked.
- Specifies, for purposes of the provision in 9) above, “reminder” means a written statement that identifies the animal derived foods by an asterisk that denotes a footnote that includes either of the following disclosure statements: “written information regarding the safety of these food items is available upon request,” or “consuming raw or undercooked meats, poultry, seafood, shellfish, or eggs may increase your risk of foodborne illness, especially if you have certain medical conditions.”
- Specifies, for purposes of requirements pertaining to food facilities that package food, that a food facility is not required to have an HACCP plan if the facility uses a reduced-oxygen packaging method to package hazardous food that always complies with the following standards:
- The food is labeled with the production time and date;
- The food is held at 41 degrees Fahrenheit or lower during refrigerated storage; and,
- The food is removed from its package in the food facility within 48 hours after packaging.
- Clarifies that “juicing” is considered preparing a beverage, and is therefore only subject to the more minor “limited food preparation” requirements.
- Contains other minor, technical updates and revisions to the CalCode.
Comments
- Author’s statement. According to the author, in 2013, the federal Food and Drug Administration (FDA) updated the “Model Food Code.” The Food Code is a model for safeguarding public health and ensuring food is unadulterated and honestly presented when offered to the consumer, and represents FDA’s best advice for a uniform system of provisions that address the safety and protection of food offered at retail and in food service. The author states that that California adopted the Model Food Code in 2006, and because none of the Model Food Code has been adopted in implementing regulations, all of the updates needed to be incorporated into statute.
With regard to recent amendments that incorporated provisions relating to food allergies (not part of the Model Food Code), the author states that food allergies are an increasing food safety and public health issue, affecting approximately 4 percent of the U.S. population. Restaurant and retail food service managers and employees need to be aware of the serious nature of food allergies, including allergic reactions, anaphylaxis, and death; to know the eight major food allergens; to understand food allergen ingredient identities and labeling; and to avoid cross-contact during food preparation and service. This bill will clarify that as part of their duties, the Certified Food Manager will also now be required to provide training on food allergy awareness training to the “person in charge” and the food handlers, as it relates to their assigned duties. Currently ServSafe and the other approved testing providers already include food allergy awareness as part of the training curriculum.
Prior Legislation
AB 2130 (Pan and Gatto, Chapter 75, Statutes of 2014), repealed provisions of law enacted last year that prohibits retail food employees from contacting exposed ready-to-eat foods with their bare hands, and replaces these provisions with the law that existed prior to the enactment of these provisions, which require food employees to minimize bare hand contact with ready-to-eat foods.
AB 1252 (Committee on Health, Chapter 556, Statutes of 2013), made numerous technical, clarifying, and non-controversial changes to the CalCode, and prohibited bare hand contact with ready-to-eat food without prior authorization from the local environmental health department.
SB 144 (Runner, Chapter 23, Statutes of 2006), established the CalCode in order 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.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
California Association of Environmental Health Administrators
California Retail Food Safety Coalition
None received
ARGUMENTS IN SUPPORT: This bill is supported by the California Association of Environmental Health Administrators (CAEHA), which states it will make several technical changes to CalCode to ensure that California law is more consistent with the nationally-adopted Model Food Code. CAEHA states that it is a founding member of the California Retail Food Safety Coalition, a collaboration of more than 60 federal, state and local regulators and retail food industry representatives who have been working for the past 15 years to improve our California retail food safety laws and make them more consistent with the Model Food Code which is periodically updated. CAEHA states that in addition to establishing clear allergen awareness knowledge for persons in charge of retail food outlets, the bill addresses several other inconsistencies in CalCode, including those pertaining to HACCP plans and health risk disclosure, and provides for greater opportunities for juicing fresh vegetables.
Prepared by: Vince Marchand / HEALTH /
5/4/16 14:58:09
**** END ****
SENATE COMMITTEE ON HEALTH
Senator Ed Hernandez, O.D., Chair
BILL NO: SB 1067
AUTHOR: | Huff | ||
VERSION: | March 29, 2016 | ||
HEARING DATE: | April 6, 2016 | ||
CONSULTANT: | Vince Marchand | ||
SUBJECT: Food facilities
SUMMARY:
Requires the food safety certification examination, which must be completed by at least one person at every retail food facility, to include major food allergens and the symptoms that these allergens could cause in individuals who have allergic reactions. Additionally, revises and recasts provisions of law governing the serving of raw and undercooked meat, and makes various other updates and minor changes to the laws governing retail food facilities.
Existing law:
- Establishes the California Retail Food Code (CalCode) to regulate retail food facilities, which is enforced by local environmental health officers.
- Defines a food facility as an operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption, on or off the premises, regardless of whether there is a charge, at the retail level.
- Requires a food facility to designate a “person in charge” and requires a person in charge to be present at the food facility during all hours of operation. Among other responsibilities, the person in charge is required to have knowledge of safe food handling practices as they relate to the specific food preparation activities that occur at the food facility.
- Requires food facilities that prepare non-prepackaged potentially hazardous food to have an owner or employee who has successfully passed an approved and accredited food safety certification examination, as specified, but specifies that this certified person does not need to be present at the food facility during all hours of operation.
- Requires the food safety certification examination to include specified elements of knowledge, including knowledge on foodborne illness, the relationship between hygiene and food safety, methods of preventing food contamination, and procedures for cleaning and sanitizing equipment, among other specified elements.
- Defines “potentially hazardous food” as a food that requires time or temperature control to limit pathogenic micro-organism growth or toxin formation. Requires potentially hazardous food to be maintained at or above 135 degrees Fahrenheit, or at or below 41 degrees Fahrenheit.
This bill:
- Defines “major food allergen” as all of the following:
- Milk;
- Eggs;
- Fish, including, but not limited to, bass, flounder, and cod;
- Crustacean shellfish, including, but not limited to crab, lobster, and shrimp;
- Tree nuts, including, but not limited to, almonds, pecans, and walnuts;
- Wheat;
- Peanuts;
- Soybeans; and,
- A food ingredient that contains protein derived from any of the foods listed above.
- Excludes from the definition of “major food allergen” a highly refined oil derived from one of the foods specified as a major food allergen, and also excludes an ingredient that is exempt under the petition or notification process specified in the federal Food Allergen Labeling and Consumer Protection Act of 2004.
- Requires the designated “person in charge” at retail food facilities to comply with both of the following:
- Have adequate knowledge of major food allergens, and the symptoms that a major food allergen could cause in a sensitive individual who has an allergic reaction; and,
- Educate the employees at the food facility regarding major food allergens and the symptoms they could cause. Permits this person in charge to accomplish this education requirement by, among other methods, using a poster or job aid to which the employee can refer.
- Requires the food safety certification examination, which each food facility is required to have at least one employee pass, to include describing foods identified as major food allergens and the symptoms that a major food allergen could cause in a sensitive individual who has an allergic reaction.
- Repeals provisions of existing law, in order to replace with alternative disclosure requirements, which permit single pieces of meat and fish, or a salad dressing or sauce containing a raw egg, to be served raw or not cooked to the otherwise specified temperature, if the consumer specifically ordered the food to be individually prepared less than thoroughly cooked, and the food facility notifies the consumer, orally or in writing, at the time of ordering, that the food is raw or less than thoroughly cooked.
- Permits a raw or undercooked whole-muscle, intact beef steak to be served or offered for sale in a ready-to-eat form if all of the following conditions are satisfied:
- The food facility serves a population that is not a highly susceptible population;
- The steak is labeled to indicate that it meets the definition of “whole muscle, intact beef,” as specified; and,
- The steak is cooked on both the top and bottom to a surface temperature of 145 degrees Fahrenheit or above and a cooked color change is achieved on all external surfaces.
- Requires whole-muscle, intact beef steaks that are intended for consumption in an undercooked form to satisfy the following conditions:
- Either the food has been obtained from a food processing plant that, upon request by the purchaser, packages the steaks and labels them to indicate that the steak meets the definition of whole-muscle, intact beef, or is deemed acceptable by the enforcement agency based on other evidence; and,
- If the food is individually cut in a food facility, the food must be cut from whole-muscle intact beef that is so labeled, the food is prepared so it remains intact, and if packaged for undercooking in a food facility, relabeled as a whole-muscle, intact beef.
- Permits a raw animal food, such as raw egg, raw fish, raw marinated fish, raw mulluscan shellfish, or steak tartare, or a partially cooked food such as lightly cooked fish, soft cooked eggs, or rare meat other than whole-muscle, intact beef steaks, to be served upon consumer request or selection in a ready-to-eat form if either of the following conditions are satisfied:
- The food facility serves a population that is not a highly susceptible population, as defined; the food, if served from a children’s menu, does not contain comminuted meat (i.e., ground meat); and the consumer is informed that to ensure its safety, the food should be fully cooked; or,
- The Department of Public Health grants a variance from the required cooking temperatures based on a Hazard Analysis Critical Control Point (HACCP) plan that documents scientific data showing that a lesser time and temperature regimen results in safe food, and the plan has been submitted and approved, as specified.
- Requires a food facility, if an animal food is served or sold raw, undercooked, or without otherwise being processed to eliminate pathogens, to inform consumers of the significantly increased risk of consuming those foods by way of a disclosure, as specified, and a reminder, as specified, using brochures, deli case or menu advisories, label statements, table tents, placards, or other effective written means.
- For purposes of the provision in 9) above, “disclosure” means a written statement that clearly includes a description of the animal-derived foods, such as “oysters on the half shell (raw oysters)” or identification of the animal-derived foods marked by an asterisk denoting a footnote that states that the items are served raw or undercooked.
- For purposes of the provision in 9) above, “reminder” means a written statement that identifies the animal derived foods by an asterisk that denotes a footnote that includes either of the following disclosure statements: “written information regarding the safety of these food items is available upon request,” or “consuming raw or undercooked meats, poultry, seafood, shellfish, or eggs may increase your risk of foodborne illness, especially if you have certain medical conditions.”
- Specifies, for purposes of requirements pertaining to food facilities that package food, that a food facility is not required to have an HACCP plan if the facility uses a reduced-oxygen packaging method to package hazardous food that always complies with the following standards:
- The food is labeled with the production time and date;
- The food is held at 41 degrees Fahrenheit or lower during refrigerated storage; and,
- The food is removed from its package in the food facility within 48 hours after packaging.
- Clarifies that “juicing” is considered preparing a beverage, and is therefore only subject to the more minor “limited food preparation” requirements.
- Contains other minor, technical updates and revisions to the CalCode.
FISCAL EFFECT:
This bill has not been analyzed by a fiscal committee.
COMMENTS:
- Author’s statement. According to the author, in 2013, the federal Food and Drug Administration (FDA) updated the “Model Food Code.” The Food Code is a model for safeguarding public health and ensuring food is unadulterated and honestly presented when offered to the consumer, and represents FDA’s best advice for a uniform system of provisions that address the safety and protection of food offered at retail and in food service. The author states that that California adopted the Model Food Code in 2006, and because none of the Model Food Code has been adopted in implementing regulations, all of the updates needed to be incorporated into statute.
With regard to recent amendments that incorporated provisions relating to food allergies (not part of the Model Food Code), the author states that food allergies are an increasing food safety and public health issue, affecting approximately 4 percent of the U.S. population. Restaurant and retail food service managers and employees need to be aware of the serious nature of food allergies, including allergic reactions, anaphylaxis, and death; to know the eight major food allergens; to understand food allergen ingredient identities and labeling; and to avoid cross-contact during food preparation and service. This bill will clarify that as part of their duties, the Certified Food Manager will also now be required to provide training on food allergy awareness training to the “person in charge” and the food handlers, as it relates to their assigned duties. Currently ServSafe and the other approved testing providers already include food allergy awareness as part of the training curriculum. - Double referral. This bill has been double-referred. Should it pass out of this committee, it will be referred to the Senate Judiciary Committee.
- Related legislation. SB 1258 (Huff) requires a school district, county office of education, and charter school to develop a comprehensive policy, as specified, in coordination with specified individuals, to protect pupils with allergies. Sb 1258 is currently pending in this committee.
SB 969 (Nguyen) would permit a food facility to sell Vietnamese rice cakes, as defined, that have been at room temperature for up to 48 hours, notwithstanding provisions of law that require potentially hazardous foods to either be refrigerated or kept hot. SB 969 is currently pending in this committee. - Prior legislation. AB 2130 (Pan and Gatto, Chapter 75, Statutes of 2014), repealed provisions of law enacted last year that prohibits retail food employees from contacting exposed ready-to-eat foods with their bare hands, and replaces these provisions with the law that existed prior to the enactment of these provisions, which require food employees to minimize bare hand contact with ready-to-eat foods.
AB 1252 (Committee on Health), made numerous technical, clarifying, and non-controversial changes to the CalCode, and prohibited bare hand contact with ready-to-eat food without prior authorization from the local environmental health department.
SB 144 (Runner, Chapter 23, Statutes of 2006), established the CalCode in order 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.
- Support. This bill is supported by the California Association of Environmental Health Administrators (CAEHA), which states it will make several technical changes to CalCode to ensure that California law is more consistent with the nationally-adopted Model Food Code. CAEHA states that it is a founding member of the California Retail Food Safety Coalition, a collaboration of more than 60 federal, state and local regulators and retail food industry representatives who have been working for the past 15 years to improve our California retail food safety laws and make them more consistent with the Model Food Code which is periodically updated. CAEHA states that in addition to establishing clear allergen awareness knowledge for persons in charge of retail food outlets, the bill addresses several other inconsistencies in CalCode, including those pertaining to HACCP plans and health risk disclosure, and provides for greater opportunities for juicing fresh vegetables.
SUPPORT AND OPPOSITION:
Support: California Association of Environmental Health Administrators
Oppose: None received
-- END --
Bill Author
Bill Co-Author(s):