Bill Text: CA SB359 | 2011-2012 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Hospital billing: emergency services and care.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Vetoed) 2012-09-30 - In Senate. Consideration of Governor's veto pending. [SB359 Detail]

Download: California-2011-SB359-Amended.html

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BILL NUMBER: SB 359	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 27, 2012
	AMENDED IN SENATE  JANUARY 10, 2012
	AMENDED IN SENATE  JANUARY 4, 2012

INTRODUCED BY   Senator Hernandez

                        FEBRUARY 15, 2011

   An act to amend Sections 113818, 113953.3, 113973, 114047,
 and   114294, 114325  , and 114335
 of, and to add Section 113975 to, the Health and Safety Code,
relating to food facilities.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 359, as amended, Hernandez. Food facilities: hand washing.
   Existing law, the California Retail Food Code, establishes uniform
health and sanitation standards for mobile food facilities and
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. A violation of any of these provisions is
punishable as a misdemeanor.
   The code requires food employees to report to the person in charge
of a food facility when a food employee has a lesion or wound that
is open or draining unless specified conditions to cover or protect
the lesion are met. The code requires all employees to wash their
hands in specified instances, including before donning gloves for
working with food.
   The code also requires gloves to be worn when contacting food and
food-contact surfaces under specified conditions, including when the
employee has any cuts, sores, or rashes. Gloves are required to be
changed, replaced, or washed as often as hand washing is required.
   This bill would revise requirements in connection with glove use
and hand washing. This bill would revise the definition of "limited
food preparation," and authorize a local enforcement agency to
approve temporary alternative storage methods and locations. By
imposing new duties upon local agencies, and expanding the definition
of a crime, this bill would impose a state-mandated local program.

   This bill would also specify that provisions relating to the
labeling of food that is, or includes, any trans fats, as specified,
applies to food that is stored, distributed, or served by, or used
within mobile food facilities and temporary food facilities. 
   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 with regard to certain mandates no
reimbursement is required by this act for a specified reason.
   With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.
   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 113818 of the Health and Safety Code is amended
to read:
   113818.  (a) "Limited food preparation" means food preparation
that is restricted to one or more of the following:
   (1) Heating, frying, baking, roasting, popping, shaving of ice,
blending, steaming or boiling of hot dogs, or assembly of
nonprepackaged food.
   (2) Dispensing and portioning of nonpotentially hazardous food.
   (3) Holding, portioning, and dispensing of any foods that are
prepared for satellite food service by the onsite permanent food
facility or prepackaged by another approved source.
   (4) Slicing and chopping of food on a heated cooking surface
during the cooking process.
   (5) Cooking and seasoning to order.
   (6) Preparing beverages that are for immediate service, in
response to an individual consumer order, that do not contain frozen
milk products.
   (b) "Limited food preparation" does not include any of the
following:
   (1) Slicing and chopping unless it is on the heated cooking
surface.
   (2) Thawing.
   (3) Cooling of cooked, potentially hazardous food.
   (4) Grinding raw ingredients or potentially hazardous food.
   (5) Reheating of potentially hazardous foods for hot holding,
except for steamed or boiled hot dogs and tamales in the original,
inedible wrapper.
   (6) Except as allowed in paragraph (3) of subdivision (a), hot
holding of nonprepackaged, potentially hazardous food, except for
roasting corn on the cob  roasting corn on the cob 
, steamed or boiled hot dogs, and tamales in the original, inedible
wrapper.
   (7) Washing of foods.
   (8) Cooking of potentially hazardous foods for later use.
  SEC. 2.  Section 113953.3 of the Health and Safety Code is amended
to read:
   113953.3.  (a) Except as specified in subdivision (b), all
employees shall thoroughly wash their hands and that portion, if any,
of their arms exposed to direct food contact with cleanser and warm
water by vigorously rubbing together the surfaces of their lathered
hands and arms for at least 10 to 15 seconds and thoroughly rinsing
with clean running water followed by drying of cleaned hands and that
portion, if any, of their arms exposed. Employees shall pay
particular attention to the areas underneath the fingernails and
between the fingers. Employees shall wash their hands in all of the
following instances:
   (1) Immediately before engaging in food preparation, including
working with nonprepackaged food, clean equipment and utensils, and
unwrapped single-use food containers and utensils.
   (2) After touching bare human body parts other than clean hands
and clean, exposed portions of arms.
   (3) After using the toilet room.
   (4) After caring for or handling any animal allowed in a food
facility pursuant to this part.
   (5) After coughing, sneezing, using a handkerchief or disposable
tissue, using tobacco, eating, or drinking.
   (6) After handling soiled equipment or utensils.
   (7) During food preparation, as often as necessary to remove soil
and contamination and to prevent cross-contamination when changing
tasks.
   (8) When switching between working with raw food and working with
ready-to-eat food.
   (9) Before dispensing or serving food or handling clean tableware
and serving utensils in the food service area.
   (10) After engaging in other activities that contaminate the
hands.
   (11) Before initially donning gloves for working with food and
when changing gloves as required in Section 113973. Handwashing is
not required between glove changes when no contamination of the
gloves or hands has occurred.
   (b) If approved and capable of removing the types of soils
encountered in the food operations involved, an automatic handwashing
facility may be used by food employees to clean their hands.
  SEC. 3.  Section 113973 of the Health and Safety Code is amended to
read:
   113973.  (a) Notwithstanding Section 113975, single-use gloves
shall be worn when contacting food and food-contact surfaces if the
employee has any cuts, sores, rashes, artificial nails, nail polish,
rings (other than a plain ring, such as a wedding band), uncleanable
orthopedic support devices, or fingernails that are not clean,
smooth, or neatly trimmed.
   (b) Whenever gloves, except single-use gloves, are worn, they
shall be changed, replaced, or washed as often as handwashing is
required by this part.
   (c) If single-use gloves are used, single-use gloves shall be used
for only one task, such as working with ready-to-eat food or with
raw food of animal origin, used for no other purpose, and shall be
discarded when damaged or soiled, or when interruptions in the food
handling occur. Single-use gloves shall not be washed.
   (d) Except as specified in subdivision (e), slash-resistant gloves
that are used to protect the hands during operations requiring
cutting shall be used only with food that is subsequently cooked as
specified in Section 114004, such as frozen food or a primal cut of
meat.
   (e) Slash-resistant gloves may be used with ready-to-eat food that
will not be subsequently cooked if the slash-resistant gloves have a
smooth, durable, and nonabsorbent outer surface or if the
slash-resistant gloves are covered with a smooth, durable,
nonabsorbent glove, or a single-use glove.
   (f) Cloth gloves may not be used in direct contact with food
unless the food is subsequently cooked.
  SEC. 4.  Section 113975 is added to the Health and Safety Code, to
read:
   113975.  (a) Except as provided in subdivision (b), an employee
who has a lesion or wound that is open or draining shall not handle
food.
   (b)  A food employee who has a cut, sore, rash, lesion, or wound
is restricted from food handling unless the food employee complies
with the following:
   (1) If the lesion is located on the hand or wrist, an impermeable
cover, such as a finger cot or stall shall protect the lesion. A
single-use glove shall be worn over the impermeable cover.
   (2) If the lesion is located on exposed portions of the arms, an
impermeable cover shall protect the lesion.
   (3) If the lesion is located on other parts of the body, a dry,
durable, tight-fitting bandage shall cover the lesion.
  SEC. 5.  Section 114047 of the Health and Safety Code is amended to
read:
   114047.  (a) Adequate and suitable space shall be provided for the
storage of food.
   (b) Except as specified in subdivisions (c) and (d), food shall be
protected from contamination by storing the food in a clean, dry
location, where it is not exposed to splash, dust, vermin, or other
forms of contamination or adulteration, and at least six inches above
the floor.
   (c) Food in packages and working containers may be stored less
than six inches above the floor on case lot handling equipment as
specified under Section 114165.
   (d) Pressurized beverage containers, cased food in waterproof
containers such as bottles or cans, and milk containers in plastic
crates may be stored on a floor that is clean and not exposed to
moisture.
   (e) Temporary alternative storage methods and locations may be
approved by the local enforcement agency.
   SEC. 6.    Section 114294 of the   Health
and Safety Code   is amended to read: 
   114294.  (a) All mobile food facilities and mobile support units
shall meet the applicable requirements in  Chapters 1 to 8,
  Chapter 1 (commencing with Section 113700) to Chapter
8 (commencing with Section 114250),  inclusive, and Chapter 
12.6 (commencing with Section 114377) and Chapter  13 
(commencing with Section 114380)  , unless specifically exempted
from any of these provisions as provided in this chapter.
   (b) The enforcement agency shall initially approve all mobile food
facilities and mobile support units as complying with the provisions
of this chapter and may require reapproval if deemed necessary.
   (c) Each mobile food facility that is either a special purpose
commercial modular and coach as defined by Section 18012.5 or a
commercial modular coach as defined by Section 18001.8 shall be
certified by the Department of Housing and Community Development,
consistent with Chapter 4 (commencing with Section 18025) of Part 2
of Division 13, and regulations promulgated pursuant to that chapter.
In addition, the enforcement agency shall approve all equipment
installation prior to operation.
   SEC. 6.   SEC. 7.   Section 114325 of
the Health and Safety Code is amended to read:
   114325.  (a) Except on a mobile food facility that only utilizes
the water for handwashing purposes, a water heater or an
instantaneous heater capable of heating water to a minimum of 120F,
interconnected with a potable water supply, shall be provided and
shall operate independently of the vehicle engine. On a mobile food
facility that only utilizes the water for handwashing purposes, a
minimum one-half-gallon capacity water heater or an instantaneous
water heater capable of heating water to a minimum of 100  F,
interconnected with a potable water supply, shall be provided and
shall operate independently of the vehicle engine.
   (b) A water heater with a minimum capacity of four gallons shall
be provided for mobile food facilities with one or more warewashing
sinks.
   (c) A mobile food facility equipped with a three-gallon 
hot  water heater that was approved prior to adoption of
this section need not provide a four-gallon  hot 
water heater.
   SEC. 8.    Section 114335 of the   Health
and Safety Code   is amended to read: 
   114335.  (a) Temporary food facilities that operate at a swap meet
are limited to only prepackaged nonpotentially hazardous food and
whole uncut produce, and shall meet the applicable requirements in
 Chapters 1 to 8,   Chapter 1 (commencing with
Section 113700) to Chapter 8 (commencing with Section 114250), 
inclusive, and Chapter  12.6 (commencing with Section 114377) and
Chapter  13  (commencing with Section 114380)  ,
unless specifically exempted from any of these provisions.
   (b) Temporary food facilities that operate at a community event
shall meet the applicable requirements in  Chapters 1 to 8
  Chapter 1 (commencing with Section 113700) to Chapter
8 (commencing with Section 114250)  , inclusive, and Chapter
 12.6 (commencing with Section 114377) and Chapter  13 
(commencing with Section 114380)  , unless specifically exempted
from any of these provisions.
   (c) Food facility requirements shall be determined by the
enforcement agency based on the food service activity to be
conducted, the type of food that is to be prepared or served, the
length of the event, and the extent of food preparation that is to be
conducted at a community event within a temporary food facility.
   (d) Notwithstanding subdivision (a), the enforcement agency may
allow temporary food facilities at a swap meet, depending on the food
service activity to be conducted, the type of food that is to be
prepared or served, the duration of the swap meet, and the extent of
food preparation that is to be conducted at the swap meet.
   SEC. 7.   SEC. 9.   No reimbursement is
required by this act pursuant to Section 6 of Article XIII B of the
California Constitution for certain costs that may be incurred by a
local agency or school district because, in that regard, 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.
   However, if the Commission on State Mandates determines that this
act contains other 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.