California Senate Bill SB1465 Amended / Bill

 BILL NUMBER: SB 1465AMENDED BILL TEXT AMENDED IN ASSEMBLY AUGUST 6, 2012 AMENDED IN ASSEMBLY JUNE 27, 2012 AMENDED IN ASSEMBLY JUNE 11, 2012 AMENDED IN SENATE MAY 29, 2012 AMENDED IN SENATE MAY 9, 2012 AMENDED IN SENATE MAY 1, 2012 AMENDED IN SENATE APRIL 18, 2012 AMENDED IN SENATE APRIL 9, 2012 INTRODUCED BY Senator Yee (Coauthor: Senator Correa) (Coauthors: Assembly Members Ammiano, Blumenfield, Huffman, and Wieckowski) FEBRUARY 24, 2012 An act to amend  Sections 111223 and   Section  114429.5 of the Health and Safety Code, relating to food safety. LEGISLATIVE COUNSEL'S DIGEST SB 1465, as amended, Yee. Food safety: Asian rice-based  noodles: Korean rice cakes.   noodles.  Existing law, the Sherman Food, Drug, and Cosmetic Law, requires all manufacturers of Asian rice-based noodles to place labels on the Asian rice-based noodles that indicate the date and time of manufacture and include a warning that the Asian rice-based noodles are perishable and must be consumed within 4 hours of manufacture.  Violation of these provisions is a misdemeanor.  Existing law, the California Retail Food Code, establishes uniform health and sanitation standards for retail food facilities, as defined. The law requires the State Department of Public Health to adopt regulations to implement and administer those provisions, and delegates primary enforcement duties to local health agencies.  A violation of any of these provisions is punishable as a misdemeanor.  Existing law authorizes the sale of Asian rice-based noodles, as defined, that have been at room temperature for no more than 4 hours, and prohibits the sale of Asian rice-based noodles unless they have the above-described labeling. This bill would  revise the labeling requirements to reflect that Asian rice-based noodles must be consumed within one day of manufacture. This bill would  exempt Asian rice-based noodles from the above-described time-temperature requirements if the Asian rice-based noodles contain a certain nonanimal-based ingredient and do not support the rapid and progressive growth of specified microorganisms. By imposing new duties upon local agencies  and changing the definition of a 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.   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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.  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 111223 of the Health and Safety Code is amended to read: 111223. (a) All manufacturers of Asian rice-based noodles shall place a label on the packaging of Asian rice-based noodles that indicates the date and time of manufacture and includes a statement that the Asian rice-based noodles are perishable and must be consumed within one day of manufacture. (b) All manufacturers of Korean rice cakes shall place a label issued by the Korean Rice Cake Association Corporation on the Korean rice cake that indicates the date of manufacture. The Korean rice cake's label shall include a statement that the rice cake must be consumed within one day of manufacture.   SEC. 2.   SECTION 1.  Section 114429.5 of the Health and Safety Code is amended to read: 114429.5. (a) Notwithstanding Sections 113996 and 114343, and if permitted by federal law, a food facility may sell Asian rice-based noodles that have been kept at room temperature for no more than four hours. (b) Asian rice-based noodles that have been kept at room temperature shall be consumed, cooked, or destroyed in a manner approved by the local enforcement agency within four hours of manufacture. (c) At the end of the operating day, Asian rice-based noodles that have been kept at room temperature for more than four hours shall be destroyed in a manner approved by the local enforcement agency. (d) (1) For purposes of this section, an "Asian rice-based noodle" means a confection that contains rice powder, water, wheat starch, and vegetable cooking oil. The ingredients shall not include any animal fats or any other products derived from animals. An Asian rice-based noodle is prepared by using a traditional method that includes cooking by steaming at not less than 130 degrees Fahrenheit, for not less than four minutes. (2) If the Asian rice-based noodles contain a nonanimal-based ingredient, including, but not limited to, sodium acid sulfate, to maintain the Asian rice-based noodles at a ph of 4.6 or below at a temperature of 76 degrees Fahrenheit and the Asian rice-based noodles do not support the rapid and progressive growth of infectious or toxigenic microorganisms, subdivisions (a) to (c), inclusive, shall not apply to the Asian rice-based noodles. (e) All manufacturers of Asian rice-based noodles shall place a label on the Asian rice-based  noodle   noodles  as prescribed by Section 111223.  SEC. 3.   No reimbursement is required by this act pursuant to Section 6 of Article XIII B 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 XIII B of the California Constitution. However, if the Commission on State Mandates determines that this act contains 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.   SEC. 2.   If the Commission on State Mandates determines that this act contains 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.