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AB-836 Vending machines: bulk food.(2017-2018)

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Date Published: 07/03/2017 09:00 PM
AB836:v94#DOCUMENT

Amended  IN  Senate  July 03, 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— 2017–2018 REGULAR SESSION

Assembly Bill No. 836


Introduced by Assembly Member Chiu

February 16, 2017


An act to amend Section 114145 113936 of the Health and Safety Code, relating to retail food.


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. Existing law authorizes the department to issue a variance to allow the use of an alternative practice or procedure for specified purposes, including for cooking and reheating temperatures for potentially hazardous food. A violation of these provisions is a crime.
This bill would authorize the department to issue a variance for dispensing bulk potentially hazardous food from vending machines, as specified.

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 manufacturer’s or food processor’s 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 labels on the juice container and the vending machine that 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.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YESNO  

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


SECTION 1.

 Section 113936 of the Health and Safety Code is amended to read:

113936.
 “Variance” means a written document issued by the department that allows the use of an alternative practice or procedure based on a determination by the department that the alternate practice or procedure is equivalent to the existing requirements, and that a health hazard will not result from the alternative practice or procedure. A variance may be issued in the following circumstances:
(a) For employee hygiene, as described in subdivision (e) of Section 113953, and Sections 113953.3 and 113953.4.
(b) For protection of food from contamination, as described in Sections 113984, 113986, 113988, and 113992.
(c) For time as a public health control, as described in Section 114000.
(d) For cooling time and methods, as described in Sections 114002 and 114002.1.
(e) For cooking and reheating temperatures for potentially hazardous food, as described in Sections 114004, 114008, 114010, and 114016.
(f) For use of raw shell eggs in foods that are not thoroughly cooked, as described in Section 114012.
(g) For thawing of frozen food, as described in Section 114020.
(h) For receiving temperatures of potentially hazardous foods, as described in Section 114037.
(i) For reduced-oxygen packaging of potentially hazardous food, as described in Sections 114057 and 114057.1.
(j) For sanitization methods for food-contact and nonfood-contact surfaces, as described in Sections 114099.6, 114109, 114117, 114119, and 114121.
(k) For dispensing bulk potentially hazardous food from vending machines as described in subdivision (c) of Section 114145.

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 owner’s 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 manufacturer’s or food processor’s 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 labels on the juice container and the vending machine that 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 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.