Amended IN Senate June 20, 2017 Amended IN Assembly April 25, 2017 Amended IN Assembly April 05, 2017 Amended IN Assembly March 23, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 836Introduced by Assembly Member ChiuFebruary 16, 2017An act to amend Section 114145 of the Health and Safety Code, relating to retail food.LEGISLATIVE COUNSEL'S DIGESTAB 836, as amended, Chiu. Vending machines: bulk food.The California Retail Food Code establishes uniform health and sanitation standards for, and provides for regulation by the State Department of Public Health of, retail food facilities and various types of food. The code establishes requirements for vending machines, including prohibiting those machines from dispensing bulk potentially hazardous food. Violation of these provisions is a crime.This bill would authorize juice stored in bulk containers that were filled at a commissary or at the manufacturers or food processors plant to be dispensed from a vending machine that is temperature controlled at 41 degrees Fahrenheit or less into single-serving containers provided internally from the machine. The bill would also require nonpasteurized juice dispensed from a vending machine to be replaced within 48 hours and to include a label at the point of sale labels on the juice container and the vending machine that states state the juice is not pasteurized. The bill would also require that controls be placed on the machine to maintain the temperature and prevent juice from being dispensed if the temperature is not at the appropriate level or if nonpasteurized juice has not been replaced within 48 hours. By creating a new 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 no reimbursement is required by this act for a specified reason.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 114145 of the Health and Safety Code is amended to read:114145. Vending machines shall meet all applicable requirements of this part and shall comply with the following:(a) Each vending machine or machine location shall have posted in a prominent place a sign indicating the owners name, address, and telephone number.(b) Wet storage of prepackaged products is prohibited.(c) Potentially hazardous food shall be dispensed to the consumer in the original package into which it was placed at the commissary or food processing plant. Bulk potentially hazardous food is prohibited.(d) Single-use articles that are used in machines dispensing products in bulk shall be obtained in sanitary packages. The single-use articles shall be stored in the original package until introduced into the container magazine or dispenser of the vending machine.(e) A record of cleaning and sanitizing shall be maintained by the operator in each machine and shall be current for at least the past 30 days.(f) All vending machines shall be constructed in accordance with applicable NSF International or National Automatic Merchandising Association standards, or the equivalent thereof.(g) If located outside, a vending machine shall be provided with overhead protection.(h) The dispensing compartment of a vending machine shall be equipped with a self-closing door or cover if the machine is located in an outside area that does not otherwise afford the protection of an enclosure against the rain, windblown debris, insects, rodents, and other contaminants that are present in the environment, or if the machine is available for self-service during hours when it is not under the full-time supervision of an employee.(i) (1) Juice stored in bulk containers that were filled at a commissary or at the manufacturers or food processors plant may be dispensed from a vending machine that is temperature controlled at 41 degrees Fahrenheit or less into single-serving containers provided internally from the machine.(2) Nonpasteurized juice dispensed from a vending machine shall be replaced within 48 hours and shall include a label at the point of sale labels on the juice container and the vending machine that states state the juice is not pasteurized.(3) Vending machines from which juice is dispensed pursuant to this subdivision shall have all of the following:(A) Thermostatic controls with an accuracy of plus or minus 2 degrees Fahrenheit to ensure the maintenance of applicable temperatures at all times.(B) Controls that prevent the machine from dispensing juice until the machine is serviced and the juice is replaced by the operator in the following situations:(i) If power failure or other condition results in noncompliance with temperature requirements in the food storage compartment.(ii) If nonpasteurized juice has not been replaced within 48 hours as required pursuant to paragraph (2).SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
Amended IN Senate June 20, 2017 Amended IN Assembly April 25, 2017 Amended IN Assembly April 05, 2017 Amended IN Assembly March 23, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 836Introduced by Assembly Member ChiuFebruary 16, 2017An act to amend Section 114145 of the Health and Safety Code, relating to retail food.LEGISLATIVE COUNSEL'S DIGESTAB 836, as amended, Chiu. Vending machines: bulk food.The California Retail Food Code establishes uniform health and sanitation standards for, and provides for regulation by the State Department of Public Health of, retail food facilities and various types of food. The code establishes requirements for vending machines, including prohibiting those machines from dispensing bulk potentially hazardous food. Violation of these provisions is a crime.This bill would authorize juice stored in bulk containers that were filled at a commissary or at the manufacturers or food processors plant to be dispensed from a vending machine that is temperature controlled at 41 degrees Fahrenheit or less into single-serving containers provided internally from the machine. The bill would also require nonpasteurized juice dispensed from a vending machine to be replaced within 48 hours and to include a label at the point of sale labels on the juice container and the vending machine that states state the juice is not pasteurized. The bill would also require that controls be placed on the machine to maintain the temperature and prevent juice from being dispensed if the temperature is not at the appropriate level or if nonpasteurized juice has not been replaced within 48 hours. By creating a new 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 no reimbursement is required by this act for a specified reason.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES
Amended IN Senate June 20, 2017 Amended IN Assembly April 25, 2017 Amended IN Assembly April 05, 2017 Amended IN Assembly March 23, 2017
Amended IN Senate June 20, 2017
Amended IN Assembly April 25, 2017
Amended IN Assembly April 05, 2017
Amended IN Assembly March 23, 2017
CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION
Assembly Bill No. 836
Introduced by Assembly Member ChiuFebruary 16, 2017
Introduced by Assembly Member Chiu
February 16, 2017
An act to amend Section 114145 of the Health and Safety Code, relating to retail food.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 836, as amended, Chiu. Vending machines: bulk food.
The California Retail Food Code establishes uniform health and sanitation standards for, and provides for regulation by the State Department of Public Health of, retail food facilities and various types of food. The code establishes requirements for vending machines, including prohibiting those machines from dispensing bulk potentially hazardous food. Violation of these provisions is a crime.This bill would authorize juice stored in bulk containers that were filled at a commissary or at the manufacturers or food processors plant to be dispensed from a vending machine that is temperature controlled at 41 degrees Fahrenheit or less into single-serving containers provided internally from the machine. The bill would also require nonpasteurized juice dispensed from a vending machine to be replaced within 48 hours and to include a label at the point of sale labels on the juice container and the vending machine that states state the juice is not pasteurized. The bill would also require that controls be placed on the machine to maintain the temperature and prevent juice from being dispensed if the temperature is not at the appropriate level or if nonpasteurized juice has not been replaced within 48 hours. By creating a new 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 no reimbursement is required by this act for a specified reason.
The California Retail Food Code establishes uniform health and sanitation standards for, and provides for regulation by the State Department of Public Health of, retail food facilities and various types of food. The code establishes requirements for vending machines, including prohibiting those machines from dispensing bulk potentially hazardous food. Violation of these provisions is a crime.
This bill would authorize juice stored in bulk containers that were filled at a commissary or at the manufacturers or food processors plant to be dispensed from a vending machine that is temperature controlled at 41 degrees Fahrenheit or less into single-serving containers provided internally from the machine. The bill would also require nonpasteurized juice dispensed from a vending machine to be replaced within 48 hours and to include a label at the point of sale labels on the juice container and the vending machine that states state the juice is not pasteurized. The bill would also require that controls be placed on the machine to maintain the temperature and prevent juice from being dispensed if the temperature is not at the appropriate level or if nonpasteurized juice has not been replaced within 48 hours. By creating a new 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 no reimbursement is required by this act for a specified reason.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 114145 of the Health and Safety Code is amended to read:114145. Vending machines shall meet all applicable requirements of this part and shall comply with the following:(a) Each vending machine or machine location shall have posted in a prominent place a sign indicating the owners name, address, and telephone number.(b) Wet storage of prepackaged products is prohibited.(c) Potentially hazardous food shall be dispensed to the consumer in the original package into which it was placed at the commissary or food processing plant. Bulk potentially hazardous food is prohibited.(d) Single-use articles that are used in machines dispensing products in bulk shall be obtained in sanitary packages. The single-use articles shall be stored in the original package until introduced into the container magazine or dispenser of the vending machine.(e) A record of cleaning and sanitizing shall be maintained by the operator in each machine and shall be current for at least the past 30 days.(f) All vending machines shall be constructed in accordance with applicable NSF International or National Automatic Merchandising Association standards, or the equivalent thereof.(g) If located outside, a vending machine shall be provided with overhead protection.(h) The dispensing compartment of a vending machine shall be equipped with a self-closing door or cover if the machine is located in an outside area that does not otherwise afford the protection of an enclosure against the rain, windblown debris, insects, rodents, and other contaminants that are present in the environment, or if the machine is available for self-service during hours when it is not under the full-time supervision of an employee.(i) (1) Juice stored in bulk containers that were filled at a commissary or at the manufacturers or food processors plant may be dispensed from a vending machine that is temperature controlled at 41 degrees Fahrenheit or less into single-serving containers provided internally from the machine.(2) Nonpasteurized juice dispensed from a vending machine shall be replaced within 48 hours and shall include a label at the point of sale labels on the juice container and the vending machine that states state the juice is not pasteurized.(3) Vending machines from which juice is dispensed pursuant to this subdivision shall have all of the following:(A) Thermostatic controls with an accuracy of plus or minus 2 degrees Fahrenheit to ensure the maintenance of applicable temperatures at all times.(B) Controls that prevent the machine from dispensing juice until the machine is serviced and the juice is replaced by the operator in the following situations:(i) If power failure or other condition results in noncompliance with temperature requirements in the food storage compartment.(ii) If nonpasteurized juice has not been replaced within 48 hours as required pursuant to paragraph (2).SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 114145 of the Health and Safety Code is amended to read:114145. Vending machines shall meet all applicable requirements of this part and shall comply with the following:(a) Each vending machine or machine location shall have posted in a prominent place a sign indicating the owners name, address, and telephone number.(b) Wet storage of prepackaged products is prohibited.(c) Potentially hazardous food shall be dispensed to the consumer in the original package into which it was placed at the commissary or food processing plant. Bulk potentially hazardous food is prohibited.(d) Single-use articles that are used in machines dispensing products in bulk shall be obtained in sanitary packages. The single-use articles shall be stored in the original package until introduced into the container magazine or dispenser of the vending machine.(e) A record of cleaning and sanitizing shall be maintained by the operator in each machine and shall be current for at least the past 30 days.(f) All vending machines shall be constructed in accordance with applicable NSF International or National Automatic Merchandising Association standards, or the equivalent thereof.(g) If located outside, a vending machine shall be provided with overhead protection.(h) The dispensing compartment of a vending machine shall be equipped with a self-closing door or cover if the machine is located in an outside area that does not otherwise afford the protection of an enclosure against the rain, windblown debris, insects, rodents, and other contaminants that are present in the environment, or if the machine is available for self-service during hours when it is not under the full-time supervision of an employee.(i) (1) Juice stored in bulk containers that were filled at a commissary or at the manufacturers or food processors plant may be dispensed from a vending machine that is temperature controlled at 41 degrees Fahrenheit or less into single-serving containers provided internally from the machine.(2) Nonpasteurized juice dispensed from a vending machine shall be replaced within 48 hours and shall include a label at the point of sale labels on the juice container and the vending machine that states state the juice is not pasteurized.(3) Vending machines from which juice is dispensed pursuant to this subdivision shall have all of the following:(A) Thermostatic controls with an accuracy of plus or minus 2 degrees Fahrenheit to ensure the maintenance of applicable temperatures at all times.(B) Controls that prevent the machine from dispensing juice until the machine is serviced and the juice is replaced by the operator in the following situations:(i) If power failure or other condition results in noncompliance with temperature requirements in the food storage compartment.(ii) If nonpasteurized juice has not been replaced within 48 hours as required pursuant to paragraph (2).
SECTION 1. Section 114145 of the Health and Safety Code is amended to read:
### SECTION 1.
114145. Vending machines shall meet all applicable requirements of this part and shall comply with the following:(a) Each vending machine or machine location shall have posted in a prominent place a sign indicating the owners name, address, and telephone number.(b) Wet storage of prepackaged products is prohibited.(c) Potentially hazardous food shall be dispensed to the consumer in the original package into which it was placed at the commissary or food processing plant. Bulk potentially hazardous food is prohibited.(d) Single-use articles that are used in machines dispensing products in bulk shall be obtained in sanitary packages. The single-use articles shall be stored in the original package until introduced into the container magazine or dispenser of the vending machine.(e) A record of cleaning and sanitizing shall be maintained by the operator in each machine and shall be current for at least the past 30 days.(f) All vending machines shall be constructed in accordance with applicable NSF International or National Automatic Merchandising Association standards, or the equivalent thereof.(g) If located outside, a vending machine shall be provided with overhead protection.(h) The dispensing compartment of a vending machine shall be equipped with a self-closing door or cover if the machine is located in an outside area that does not otherwise afford the protection of an enclosure against the rain, windblown debris, insects, rodents, and other contaminants that are present in the environment, or if the machine is available for self-service during hours when it is not under the full-time supervision of an employee.(i) (1) Juice stored in bulk containers that were filled at a commissary or at the manufacturers or food processors plant may be dispensed from a vending machine that is temperature controlled at 41 degrees Fahrenheit or less into single-serving containers provided internally from the machine.(2) Nonpasteurized juice dispensed from a vending machine shall be replaced within 48 hours and shall include a label at the point of sale labels on the juice container and the vending machine that states state the juice is not pasteurized.(3) Vending machines from which juice is dispensed pursuant to this subdivision shall have all of the following:(A) Thermostatic controls with an accuracy of plus or minus 2 degrees Fahrenheit to ensure the maintenance of applicable temperatures at all times.(B) Controls that prevent the machine from dispensing juice until the machine is serviced and the juice is replaced by the operator in the following situations:(i) If power failure or other condition results in noncompliance with temperature requirements in the food storage compartment.(ii) If nonpasteurized juice has not been replaced within 48 hours as required pursuant to paragraph (2).
114145. Vending machines shall meet all applicable requirements of this part and shall comply with the following:(a) Each vending machine or machine location shall have posted in a prominent place a sign indicating the owners name, address, and telephone number.(b) Wet storage of prepackaged products is prohibited.(c) Potentially hazardous food shall be dispensed to the consumer in the original package into which it was placed at the commissary or food processing plant. Bulk potentially hazardous food is prohibited.(d) Single-use articles that are used in machines dispensing products in bulk shall be obtained in sanitary packages. The single-use articles shall be stored in the original package until introduced into the container magazine or dispenser of the vending machine.(e) A record of cleaning and sanitizing shall be maintained by the operator in each machine and shall be current for at least the past 30 days.(f) All vending machines shall be constructed in accordance with applicable NSF International or National Automatic Merchandising Association standards, or the equivalent thereof.(g) If located outside, a vending machine shall be provided with overhead protection.(h) The dispensing compartment of a vending machine shall be equipped with a self-closing door or cover if the machine is located in an outside area that does not otherwise afford the protection of an enclosure against the rain, windblown debris, insects, rodents, and other contaminants that are present in the environment, or if the machine is available for self-service during hours when it is not under the full-time supervision of an employee.(i) (1) Juice stored in bulk containers that were filled at a commissary or at the manufacturers or food processors plant may be dispensed from a vending machine that is temperature controlled at 41 degrees Fahrenheit or less into single-serving containers provided internally from the machine.(2) Nonpasteurized juice dispensed from a vending machine shall be replaced within 48 hours and shall include a label at the point of sale labels on the juice container and the vending machine that states state the juice is not pasteurized.(3) Vending machines from which juice is dispensed pursuant to this subdivision shall have all of the following:(A) Thermostatic controls with an accuracy of plus or minus 2 degrees Fahrenheit to ensure the maintenance of applicable temperatures at all times.(B) Controls that prevent the machine from dispensing juice until the machine is serviced and the juice is replaced by the operator in the following situations:(i) If power failure or other condition results in noncompliance with temperature requirements in the food storage compartment.(ii) If nonpasteurized juice has not been replaced within 48 hours as required pursuant to paragraph (2).
114145. Vending machines shall meet all applicable requirements of this part and shall comply with the following:(a) Each vending machine or machine location shall have posted in a prominent place a sign indicating the owners name, address, and telephone number.(b) Wet storage of prepackaged products is prohibited.(c) Potentially hazardous food shall be dispensed to the consumer in the original package into which it was placed at the commissary or food processing plant. Bulk potentially hazardous food is prohibited.(d) Single-use articles that are used in machines dispensing products in bulk shall be obtained in sanitary packages. The single-use articles shall be stored in the original package until introduced into the container magazine or dispenser of the vending machine.(e) A record of cleaning and sanitizing shall be maintained by the operator in each machine and shall be current for at least the past 30 days.(f) All vending machines shall be constructed in accordance with applicable NSF International or National Automatic Merchandising Association standards, or the equivalent thereof.(g) If located outside, a vending machine shall be provided with overhead protection.(h) The dispensing compartment of a vending machine shall be equipped with a self-closing door or cover if the machine is located in an outside area that does not otherwise afford the protection of an enclosure against the rain, windblown debris, insects, rodents, and other contaminants that are present in the environment, or if the machine is available for self-service during hours when it is not under the full-time supervision of an employee.(i) (1) Juice stored in bulk containers that were filled at a commissary or at the manufacturers or food processors plant may be dispensed from a vending machine that is temperature controlled at 41 degrees Fahrenheit or less into single-serving containers provided internally from the machine.(2) Nonpasteurized juice dispensed from a vending machine shall be replaced within 48 hours and shall include a label at the point of sale labels on the juice container and the vending machine that states state the juice is not pasteurized.(3) Vending machines from which juice is dispensed pursuant to this subdivision shall have all of the following:(A) Thermostatic controls with an accuracy of plus or minus 2 degrees Fahrenheit to ensure the maintenance of applicable temperatures at all times.(B) Controls that prevent the machine from dispensing juice until the machine is serviced and the juice is replaced by the operator in the following situations:(i) If power failure or other condition results in noncompliance with temperature requirements in the food storage compartment.(ii) If nonpasteurized juice has not been replaced within 48 hours as required pursuant to paragraph (2).
114145. Vending machines shall meet all applicable requirements of this part and shall comply with the following:
(a) Each vending machine or machine location shall have posted in a prominent place a sign indicating the owners name, address, and telephone number.
(b) Wet storage of prepackaged products is prohibited.
(c) Potentially hazardous food shall be dispensed to the consumer in the original package into which it was placed at the commissary or food processing plant. Bulk potentially hazardous food is prohibited.
(d) Single-use articles that are used in machines dispensing products in bulk shall be obtained in sanitary packages. The single-use articles shall be stored in the original package until introduced into the container magazine or dispenser of the vending machine.
(e) A record of cleaning and sanitizing shall be maintained by the operator in each machine and shall be current for at least the past 30 days.
(f) All vending machines shall be constructed in accordance with applicable NSF International or National Automatic Merchandising Association standards, or the equivalent thereof.
(g) If located outside, a vending machine shall be provided with overhead protection.
(h) The dispensing compartment of a vending machine shall be equipped with a self-closing door or cover if the machine is located in an outside area that does not otherwise afford the protection of an enclosure against the rain, windblown debris, insects, rodents, and other contaminants that are present in the environment, or if the machine is available for self-service during hours when it is not under the full-time supervision of an employee.
(i) (1) Juice stored in bulk containers that were filled at a commissary or at the manufacturers or food processors plant may be dispensed from a vending machine that is temperature controlled at 41 degrees Fahrenheit or less into single-serving containers provided internally from the machine.
(2) Nonpasteurized juice dispensed from a vending machine shall be replaced within 48 hours and shall include a label at the point of sale labels on the juice container and the vending machine that states state the juice is not pasteurized.
(3) Vending machines from which juice is dispensed pursuant to this subdivision shall have all of the following:
(A) Thermostatic controls with an accuracy of plus or minus 2 degrees Fahrenheit to ensure the maintenance of applicable temperatures at all times.
(B) Controls that prevent the machine from dispensing juice until the machine is serviced and the juice is replaced by the operator in the following situations:
(i) If power failure or other condition results in noncompliance with temperature requirements in the food storage compartment.
(ii) If nonpasteurized juice has not been replaced within 48 hours as required pursuant to paragraph (2).
SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
### SEC. 2.