California Senate Bill SB1465 Amended / Bill

 BILL NUMBER: SB 1465AMENDED BILL TEXT AMENDED IN ASSEMBLY AUGUST 13, 2012 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   Coauthor:   Assembly Member   Ammiano  ) FEBRUARY 24, 2012 An act to amend  Section   Sections 111222, 111223, and  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. 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.  Existing law prohibits the sale of Asian rice-based noodles unless they have this labeling.  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.  This bill would instead require the labels to indicate the date and time that the Asian rice-based noodles came out of hot holding, as specified. This bill would exempt Asian rice-based noodles from these labeling requirements if the Asian rice-based noodles meet specific criteria.  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   requires that Asian rice-based noodles that have been kept at room temperature be consumed, cooked, or destroyed within 4 hours of   manufacture  . This  bill would require Asian rice-based noodles kept at room temperature to be consumed, cooked, or segregated for destruction after 4 hours of the date and time labeled on the product. 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   meet specific criteria  . By imposing new  enforcement  duties upon local agencies, 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, 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 111222 of the   Health and Safety Code   is amended to read:  111222. For purposes of this article the following definitions shall apply: (a) "Asian  rice based   rice-based  noodle" is defined as a  confection   rice-based pasta  that contains rice powder, water, wheat starch,  and  vegetable cooking oil  , and optional   ingredients to modify the pH or water activity, or to provide a preservative effect  . 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. (b) "Korean rice cake" is defined as a confection that contains rice powder, salt, sugar, various edible seeds, oil, dried beans, nuts, dried fruits, and dried pumpkin. The ingredients may not include any animal fats or any other products derived from animals. A Korean rice cake is prepared by using a traditional Korean method that includes cooking by steaming at not less than 275 degrees Fahrenheit, for not less than five minutes, nor more than 15 minutes.  SEC. 2.   Section 111223 of the   Health and Safety Code   is amended to read:  111223. (a) All manufacturers of Asian  rice based   rice-based  noodles shall place a label on the packaging of Asian  rice based   rice-based  noodles that indicates the date and time  of manufacture   that the product came out of hot holding at temperatures above 135 degrees Fahr   enheit  and includes a statement that the Asian  rice based   rice-based  noodles are perishable  and must be consumed within four hours of manufacture   . This section shall not apply to Asian rice-based noodles that have a pH of 4.6 or below, have a water activity of 0.85 or below, or have been determined by the department to be nonpotentially hazardous foods based on formulation and supporting laboratory documentation submitted to the department by the manufacturer  . (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 cakes label shall include a statement that the rice cake must be consumed within one day of manufacture.  SECTION 1.   SEC. 3.  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   segregated for destruction from other Asian rice-based noodles  in a manner approved by the local enforcement agency  within   after  four hours of  manufacture   the date and time labeled on the product  . (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   rice-based pasta  that contains rice powder, water, wheat starch,  and  vegetable cooking oil , and optional ingredients to modify the pH or water activity, or to provide a preservative effect  . 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   have a pH of not more than 4.6, a water activity of 0.85 or below, is 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,  or the Asian rice-based noodles have been determined by the department to be nonpotentially hazardous foods based on formulation and supporting laboratory documentation submitted to the department by the manufacturer, the restrictions provided in  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 noodles as prescribed by Section 111223.   SEC. 2.   SEC. 4.  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.