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AB-1427 Food facilities: sanitization.(2011-2012)

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Assembly Bill No. 1427
CHAPTER 629

An act to amend Section 114099.6 of the Health and Safety Code, relating to food.

[ Approved by Governor  September 27, 2012. Filed with Secretary of State  September 27, 2012. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 1427, Solorio. Food facilities: sanitization.
Existing law, the California Retail Food Code, requires all food facilities in which food is prepared, or in which multiservice utensils and equipment are used, to provide manual methods to effectively clean and sanitize utensils, as specified. Existing law requires manual sanitization to be accomplished in a number of prescribed ways, including the application of sanitizing chemicals by immersion, manual swabbing, or brushing, using specified solutions. The law requires the State Department of Public Health to implement and administer those provisions, and delegates primary enforcement duties to local health agencies. A violation of these provisions is a misdemeanor.
This bill would authorize manual sanitization to be accomplished by immersion, manual swabbing, or brushing, using a solution of ozone that meets specified requirements, including compliance with specified federal laws and regulations. By adding a new, permissible method of manual sanitization, and thereby increasing the enforcement duties of local officials, this bill would impose a state-mandated local program. By expanding 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 no reimbursement is required by this act for a specified reason.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 114099.6 of the Health and Safety Code is amended to read:

114099.6.
 Manual sanitization shall be accomplished in the final sanitizing rinse by one of the following:
(a) Immersion for at least 30 seconds where the water temperature is maintained at 171 degrees Fahrenheit or above.
(b) The application of sanitizing chemicals by immersion, manual swabbing, or brushing, using one of the following solutions:
(1) Contact with a solution of 100 ppm available chlorine solution for at least 30 seconds.
(2) Contact with a solution of 25 ppm available iodine for at least one minute.
(3) Contact with a solution of 200 ppm quaternary ammonium for at least one minute.
(4) Contact with a solution of ozone that meets the requirements of Section 180.940 of Title 40 of the Code of Federal Regulations and that is generated by a device located onsite at the food facility that meets all of the following requirements:
(A) Complies with the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Sec. 136 et seq.).
(B) Complies with federal device requirements as specified in Section 152.500 of Title 40 of the Code of Federal Regulations, and federal labeling requirements as specified in Section 156.10 of Title 40 of the Code of Federal Regulations.
(C) Displays the United States Environmental Protection Agency device manufacturing facility registration number on the device.
(D) Is operated and maintained in accordance with the manufacturer’s instructions, and manufactured using good manufacturing practices as specified in Part 110 of Title 21 of the Code of Federal Regulations.
(5) Contact with any chemical sanitizer that meets the requirements of Section 180.940 of Title 40 of the Code of Federal Regulations when used in accordance with the manufacturer’s use directions.
(c) Other methods approved by the enforcement agency.

SEC. 2.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act or because 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.