California Assembly Bill AB1372 Amended / Bill

 BILL NUMBER: AB 1372AMENDED BILL TEXT AMENDED IN ASSEMBLY APRIL 14, 2009 INTRODUCED BY Assembly Member Feuer FEBRUARY 27, 2009 An act  relating to health facilities.   to add Article 1.5 (commencing with Section 112056) to Chapter 4 of Part 6 of Division 104 of the Health and Safety Code, relating to food safety.  LEGISLATIVE COUNSEL'S DIGEST AB 1372, as amended, Feuer.  Long-term health care facilities: ratings.   Food processing establishments: hazard analysis and critical control points plans.   Under existing law, the California Food Sanitation Act, a food processing establishment is required to satisfy prescribed sanitation requirements for purposes of food safety. A violation of these provisions is a misdemeanor.   This bill would require a food processing establishment to adopt and implement a Hazard Analysis and Critical Control Points Plan (HACCPP), as prescribed, including provisions for the testing of food and ingredients for the presence of specified hazards to public health. The bill would also impose reporting and recordkeeping requirements on food processing establishments, as specified.   This bill would require the State Department of Public Health to establish minimum standards and requirements for the HACCPPs, and review adopted plans for compliance. This bill would also require the department to conduct inspections, as prescribed, and would authorize the department to require a food processing establishment to test its food and ingredients, as prescribed.   Because this bill would create 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 no reimbursement is required by this act for a specified reason.   Under existing law, the State Department of Public Health licenses and regulates health facilities, including long-term health care facilities. Violation of these provisions is a crime.   This bill would state the intent of the Legislature to enact legislation that would require the State Department of Public Health to institute a facility rating guide for long-term health care facilities and to post the ratings in the facilities and on the department's Internet Web site.  Vote: majority. Appropriation: no. Fiscal committee:  no   yes  . State-mandated local program:  no   yes  . THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:  SECTION 1.   Article 1.5 (commencing with Section 112056) is added to Chapter 4 of Part 6 of Division 104 of the   Health and Safety Code   , to read:   Article 1.5. Hazard Analysis and Critical Control Points Plan 112056. (a) A food processing establishment in this state that generates more than ____ dollars ($____) of gross annual revenue shall adopt and implement a Hazard Analysis and Critical Control Points Plan (HACCPP), as prescribed by the department. (b) The HACCPP that is adopted by the food processing establishment shall, at a minimum, provide for the following: (1) Describe the procedures used at the establishment to prevent the presence of hazards, including, but not limited to, poisonous or deleterious substances or other contaminants that may render finished foods or ingredients manufactured at the establishment injurious to health. The procedures should include, but not be limited to, preventive controls, monitoring to ensure the effectiveness of preventive controls, and records of corrective actions, including actions taken in response to the presence of known hazards. (2) Provide for regular testing of samples or specimens of food and ingredients at the establishment for the presence of poisonous or deleterious substances or other contaminants that may render the food and ingredients injurious to health. (3) Establish testing standards and procedures that shall be, at a minimum, consistent with standards presented in the federal Food and Drug Administrations' Bacterial Analytical Manual and standards developed by the Association of Analytical Communities International, International Organization for Standardization, in effect on December 31, 2009. 112057. (a) A food processing establishment shall report to the department, within 24 hours, any test result that is positive for poisonous or deleterious substances or other contaminants. (b) A food processing establishment shall maintain a record of all testing that is conducted pursuant to this article for a period of not less than two years. The food processing establishment shall make these records available to the department for inspection upon request. (c) A food processing establishment shall allow the department to have complete access to its establishment and any vehicle being used to transport or hold food or ingredients from the establishment, during all hours of operation and other reasonable hours, for any of the following purposes: (1) Inspection of the establishment or vehicle, or both. (2) Inspection and review of records regarding pathogen destruction. (3) Inspection and review of records of testing conducted pursuant this article. (4) Securing a sample or specimen of a food or ingredient, or both, after paying or offering to pay for the sample or specimen. 112058. (a) The department, in enforcing this article, shall do all of the following: (1) Promulgate rules and regulations that establish minimum standards and requirements for a HACCPP. (2) Review all HACCPPs, as adopted by the food processing establishment, for purposes of determining that the HACCPP meets the requirements of Section 112056 and any applicable rules and regulations. (3) Conduct inspections to ensure that a food processing establishment is in compliance with its HACCPP. (b) The department, upon reasonable grounds to suspect that identifiable food or ingredients, or both, at a food processing establishment may be injurious to health, may order that establishment to test samples or specimens of its food or ingredients, or both, for the presence of any poisonous or deleterious substances or other contaminants.   SEC. 2.   No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.   SECTION 1.   It is the intent of the Legislature to enact legislation that would require the State Department of Public Health to institute a facility rating guide for long-term health care facilities and to post the ratings in the facilities and on the department's Internet Web site.