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AB-619 Retail food: reusable containers: multiuse utensils.(2019-2020)

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Date Published: 07/15/2019 09:00 PM
AB619:v95#DOCUMENT

Assembly Bill No. 619
CHAPTER 93

An act to amend Sections 114121 and 114353 of the Health and Safety Code, relating to retail food facilities.

[ Approved by Governor  July 12, 2019. Filed with Secretary of State  July 12, 2019. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 619, Chiu. Retail food: reusable containers: multiuse utensils.
Existing law, the California Retail Food Code, provides for the regulation of health and sanitation standards for retail food facilities, as defined, by the State Department of Public Health. Under existing law, local health agencies are primarily responsible for enforcing the California Retail Food Code, and a person who violates any provision of the code is guilty of a misdemeanor, except as otherwise provided.
Existing law requires returned empty containers intended for refilling with food or beverage to be cleaned and refilled in an approved facility, except that consumer-owned containers may be refilled and returned to the same consumer if the container is refilled by an employee of the food facility or the owner of the container and the dispensing system includes a contamination-free transfer process.
This bill would instead provide that clean consumer-owned containers provided or returned to the food facility for filling may be filled by either the employee or the owner of the container, and would require the food facility to isolate the consumer-owned containers from the serving surface or sanitize the serving surface after each filling. The bill would require the consumer-owned containers to be designed and constructed for reuse, as specified. The bill would require the food facility to prepare, maintain, and adhere to written procedures to prevent cross-contamination, and to make the written procedures available to the enforcement agency.
Existing law defines a temporary food facility, for purposes of the California Retail Food Code, as a food facility approved by the enforcement officer that operates at a fixed location for the duration of an approved community event or at a swap meet and only as a part of the community event or swap meet. Under existing law, a temporary food facility is required to provide single-use articles for use by the consumer.
This bill would authorize a local enforcement agency to allow a temporary food facility to use multiuse utensils that are cleaned, rinsed, and sanitized at either the temporary food facility or an approved food facility.
Because any violation of these provisions would be 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 114121 of the Health and Safety Code is amended to read:

114121.
 (a) Except as specified in subdivisions (b), (c), and (d), returned empty containers intended for filling with food or beverage shall be cleaned and filled in an approved facility.
(b) (1) Clean consumer-owned containers provided or returned to the food facility for filling may be filled and returned to the same consumer if the container is filled by either an employee of the food facility or the owner of the container. For the purposes of this section, a consumer-owned container shall be designed and constructed for reuse in accordance with Section 3-304.17(B)(1) of the 2017 Food Code published by the federal Food and Drug Administration.
(2) The food facility shall either isolate the consumer-owned containers from the serving surface or sanitize the serving surface after each filling.
(c) The food facility shall prepare, maintain, and adhere to written procedures to prevent cross-contamination, as described in Section 113986, and the written procedures shall address waste water disposal. The food facility shall make the written procedures available to the enforcement agency upon request or at the time of an inspection.
(d) Consumer-owned containers that are not food specific may be filled at a water vending machine or system.
(e) The food facility shall ensure compliance with the handwashing requirements specified in Article 4 (commencing with Section 113952) of Chapter 3.

SEC. 2.

 Section 114353 of the Health and Safety Code is amended to read:

114353.
 (a) Except as provided in subdivision (b), a temporary food facility shall provide only single-use articles for use by the consumer.
(b) Based on local environmental conditions, location, and similar factors, including the type and number of utensils, as defined in Section 113934, the volume and storage of potable water for warewashing, as defined in Section 113940, and waste water capacity, the local enforcement agency may allow a temporary food facility to use multiuse utensils that are cleaned, rinsed, and sanitized pursuant to Chapter 5 (commencing with Section 114095), as applicable, at either the temporary food facility or an approved food facility.

SEC. 3.

 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.