California Assembly Bill AB1372 Amended / Bill

 BILL NUMBER: AB 1372AMENDED BILL TEXT AMENDED IN ASSEMBLY APRIL 22, 2009 AMENDED IN ASSEMBLY APRIL 14, 2009 INTRODUCED BY Assembly Member Feuer FEBRUARY 27, 2009 An act to add Article  1.5 (commencing with Section 112056) to Chapter 4 of Part 6   4.4 (commencing with Section 110540) to Chapter 5 of Part 5  of Division 104 of the Health and Safety Code, relating to food safety. LEGISLATIVE COUNSEL'S DIGEST AB 1372, as amended, Feuer. Food processing establishments:  hazard analysis and critical control points   Hazard Analysis Critical Control Point 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)   Point (HACCP) plan  , 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.  The bill would impose these requirements commencing January 1, 2012, or January 1, 2013, depending upon the gross annual revenue of the food processing establishment.  This bill would require the State Department of Public Health to establish minimum standards and requirements for the  HACCPPs   HACCP plans  , and review adopted plans for compliance. This bill would also require the department to conduct inspections, as prescribed, and would authorize the department to  increase its annual inspection fee to include, but not exceed, the cost of this additional inspection component. The bill would  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. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:  SECTION 1.   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.   SECTION 1.   Article 4.4 (commencing with Section 110540) is added to Chapter 5 of Part 5 of Division 104 of the Health and Safety Code, to read:  Article 4.4.  Hazard Analysis Critical Control Point Plan   110540.  (a) A food processing establishment in this state that generates more than ____ dollars ($____) of gross annual revenue shall adopt and implement a Hazard Analysis  and  Critical Control  Points Plan (HACCPP), as   Point (HACCP) plan by January 1, 2012. The minimum contents of the plan shall be  prescribed by the department.  (b) The HACCPP that is adopted by the food processing establishment shall, at a minimum, provide for the following:   (b) A food processing establishment in this state that generates less than ____ dollars ($____) of gross annual revenue shall adopt and implement an HACCP plan by January 1, 2013, the minimum contents of which shall be prescribed by the department.   (c) The department shall, by regulation, establish the minimum requirements of a general HACCP plan by February 1, 2010. The regulation shall, at a minimum, adhere to the Hazard Analysis Critical Control Point principles and application guidelines adopted by the National Advisory Committee on Microbiological Criteria for Foods and shall provide both of 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   shall  include, but  need  not be limited to, preventive controls, monitoring to ensure the effectiveness of preventive controls, and records of corrective actions, including  , but not limited to,  actions taken in response to the presence of known hazards. (2) Provide for regular testing of samples or specimens of  food and  ingredients  and final product  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   (d)     In complying with this section, a food processing establishment shall conduct testing in a manner consistent with the  standards presented in the federal Food and Drug  Administrations'   Administration's  Bacterial Analytical Manual and standards developed by the Association of Analytical Communities International  ,   and the  International Organization for Standardization,  as these standards are  in effect  on December 31, 2009   immediately preceding January 1, 2010  .  112057.   110541.  (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.   110542.  (a) The department, in  enforcing   implementing  this article,  shall do   may do any or  all of the following: (1)  Promulgate   Adopt    rules and regulations that establish minimum standards and requirements for a  HACCPP   product-specific HACCP plan  . (2) Review all  HACCPPs,   HACCP plans,  as adopted by the food processing establishment, for purposes of determining that the  HACCPP   HACCP plan  meets the requirements of Section  112056   110540  and any applicable rules and regulations.  (3) Conduct   (b)     The department shall conduct  inspections to ensure that a food processing establishment is in compliance with its  HACCPP.   HACCP plan.   The inspections shall be conducted as a component of the department's inspection pursuant to Section 110466 and the fee charged for inspection pursuant to Section 110466 shall be increased by an additional amount of up to ____ dollars ($____) to cover, but not exceed, the cost of the inspection component related to compliance with this article.   (b)   (c)  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.