California Senate Bill SB173 Amended / Bill

 BILL NUMBER: SB 173AMENDED BILL TEXT AMENDED IN SENATE MAY 6, 2009 AMENDED IN SENATE APRIL 20, 2009 INTRODUCED BY Senator Florez FEBRUARY 14, 2009 An act to add Sections 110153 and 111836 to, and to add Article 6.7 (commencing with Section 110808) to Chapter 5 of Part 5 of Division 104 of, the Health and Safety Code, relating to food safety. LEGISLATIVE COUNSEL'S DIGEST SB 173, as amended, Florez. Food safety: testing and recalls. Existing law, the Sherman Food, Drug, and Cosmetic Law, authorizes, for purposes of enforcement of the law, an authorized agent of the State Department of Public Health to, among other things, enter any factory, warehouse, or establishment in which any food is manufactured, packed, or held, enter any vehicle that is being used to transport or hold the food, and inspect any factory, warehouse, establishment, vehicle, or place, and all pertinent equipment, raw material, finished and unfinished materials, containers, and labeling in the factory, warehouse, establishment, vehicle, or place. Existing law authorizes the agent to secure any sample or specimen of any food, as specified. It is unlawful for any person to refuse to permit entry or inspection, the taking of samples or other evidence, or access to copying of any record as authorized by this part, or to conceal the samples or evidence, or withhold evidence concerning them. A violation of the law is a misdemeanor. This bill would require every food grower  , food processor, and food facility   or food processor  that subjects food that it grows  , processes, or prepares for sale   or processes  to testing to determine the presence of a microbe, pathogen, poisonous chemical, or other harmful substance that may cause food-borne disease to maintain accurate records with the results of these tests, as specified, and report to the department test results that indicate the presence of a microbe, pathogen, poisonous chemical, or other harmful substance that may cause food-borne disease. This bill would require the State Public Health Officer to recall food to prevent, circumscribe, or eliminate any condition if the food may carry an illness, infection, pathogen, contagion, toxin, or condition that, without intervention, could transmit an illness that could kill or seriously affect the health of humans, as specified. This bill would require every food grower  , food processor, or food facility that grows, processes, or prepares for sale   or food processor that grows or processes  food that causes the outbreak of a food-borne disease and is subject to a mandatory recall by the department to be subject to specified requirements, except under certain circumstances. By creating a new crime, this bill would create 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. Section 110153 is added to the Health and Safety Code, to read: 110153. (a) Every food  grower, food processor, and food facility   grower or food processor  that subjects food that it  grows, processes, or prepares for sale   grows or processes  to testing to determine the presence of a microbe, pathogen, poisonous chemical, or other harmful substance that may cause food-borne disease shall maintain accurate records with the results of these tests for at least two years after receipt of the test results. These records shall be subject to inspection pursuant to this part. (b) Every food  grower, food processor, and food facility   grower or food processor  described in subdivision (a) that receives test results that indicate the presence of a microbe, pathogen, poisonous chemical, or other harmful substance that may cause food-borne disease shall report these test results to the department within one hour of receipt in accordance with department regulations regarding the method of reporting. SEC. 2. Article 6.7 (commencing with Section 110808) is added to Chapter 5 of Part 5 of Division 104 of the Health and Safety Code, to read: Article 6.7. Food Recalls 110808. Subject to the rights and procedures established pursuant to Chapter 4.5 (commencing with Section 11400) of Division 3 of Title 2 of the Government Code, and in accordance with regulations adopted pursuant to this code, the State Public Health Officer shall recall food if he or she believes, upon any basis reasonably supportable by standard epidemiological practice or credible scientific research, that the food may carry an illness, infection, pathogen, contagion, toxin, or condition that, without intervention, could transmit an illness that could kill or seriously affect the health of humans, including, in addition to the original condition, those clinically plausible secondary illnesses, infections, pathogens, contagions, toxins, or conditions arising from the effects of the original. SEC. 3. Section 111836 is added to the Health and Safety Code, to read: 111836. (a) Except as provided in subdivision (b), every food  grower, food processor, or food facility that grows, processes, or prepares for sale   grower or processor that grows or processes  food that causes the outbreak of a food-borne disease and is subject to a mandatory recall by the department shall be subject to all of the following: (1) If the food  grower, food processor, or food facility   grower or food processor  is determined to be liable for damages arising from a cause of action brought by a person harmed by the food, the food  grower, food processor, or food facility   grower or food processor  shall also be liable to the plaintiff for treble damages. (2) Onsite inspections by an authorized agent of the department at a frequency determined by the department to prevent any additional outbreaks of a food-borne disease, but not less than eight days per month for a period of at least 12 months. The food grower, food processor, or food facility   grower or   food processor  shall be liable for the costs of these inspections. (3) A suspension of operations for an amount of time determined by the department to prevent any additional outbreaks of a food-borne disease, but not to exceed six months. (b) Every food  grower, food processor, or food facility   grower or food processor  that  grows, processes, or prepares for sale food that causes the   grows or processes food that causes the  outbreak of a food-borne disease and is subject to a mandatory recall by the department shall be exempt from the requirements of subdivision (a) if the food  grower, food processor, or food facility   grower or food processor  does both of the following: (1) Has a written Hazard Analysis and Critical Control Point Plan that delineates the formal procedures for following the Hazard Analysis and Critical Control Point principles developed by the National Advisory Committee on Microbiological Criteria for Foods  , or a written Good Agriculture Practices program in plac   e of a Hazard Analysis and Critical Control Point Plan, where determined to be appropriate  . (2) Routinely subjects food that it grows, processes, or prepares for sale   grows or processes  to testing to determine the presence of a microbe, pathogen, poisonous chemical, or other harmful substance that may cause food-borne disease in accordance with good standards and practices of the industry. (c) Nothing in this part shall be construed to require a food  grower, food processor, or food facility   grower or food processor  to meet the requirements of paragraph (1) or (2) of subdivision (b). SEC. 4. 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.