California Assembly Bill AB1372 Latest Draft

 BILL NUMBER: AB 1372AMENDED BILL TEXT AMENDED IN ASSEMBLY MAY 6, 2009 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 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 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   facility  to adopt and implement a Hazard Analysis  and  Critical Control 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   facilities  , 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   facility  . This bill would require the State Department of Public Health to establish minimum standards and requirements for the 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   facility  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 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  and  Critical Control Point Plan 110540. (a) A food processing  establishment   facility  in this state that generates more than ____ dollars ($____) of gross annual revenue shall adopt and implement a Hazard Analysis  and  Critical Control Point (HACCP) plan by January 1,  2012. The minimum contents of the plan shall be prescribed by the department.   2012.  (b) A food processing  establishment   facility  in this state that generates less than ____ dollars ($____) 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   January 1, 2011  . The regulation shall, at a minimum, adhere to the Hazard Analysis  and  Critical Control Point principles and application guidelines adopted by the National Advisory Committee on Microbiological Criteria for Foods and shall  provide   do  both of the following: (1) Describe the procedures used at the  establishment   facility  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   facility  injurious to health. The procedures 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 ingredients and final product at the  establishment   facility  for the presence of poisonous or deleterious substances or other contaminants that may render the food and ingredients injurious to health.  (d) In complying with this section, a food processing establishment   (d)     A food processing facility  shall conduct testing in a manner consistent with the standards presented in the federal Food and Drug Administration's  Bacterial   Bacteriological  Analytical Manual and standards developed by the Association of Analytical Communities International and the International Organization for  Standardization, as these standards are in effect immediately preceding January 1, 2010.   Standardization.  110541. (a) A food processing  establishment   facility  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   facility  shall maintain a record of all testing that is conducted pursuant to this article for a period of not less than ____ years. The food processing  establishment   facility  shall make these records available to the department for inspection upon request. 110542. (a) The department, in implementing this article, may do any or all of the following: (1) Adopt rules and regulations that establish minimum standards and requirements for a product-specific HACCP plan. (2) Review all HACCP plans, as adopted by the food processing  establishment   facility  , for purposes of determining that the HACCP plan meets the requirements of Section 110540 and any applicable rules and regulations. (b) The department shall conduct inspections to ensure that a food processing  establishment   facility  is in compliance with its 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. (c) The department, upon reasonable grounds to suspect that food or ingredients, or both, at a food processing  establishment   facility  may be injurious to health, may order that  establishment   facility  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.