Bill Text: CA AB1372 | 2009-2010 | Regular Session | Amended
Bill Title: Food processing establishments: Hazard Analysis and
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-02-02 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB1372 Detail]
Download: California-2009-AB1372-Amended.html
BILL NUMBER: AB 1372 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 6, 2009
AMENDED IN ASSEMBLY APRIL 22, 2009
AMENDED IN ASSEMBLY APRIL 14, 2009
INTRODUCED BY Assembly Member Feuer
FEBRUARY 27, 2009
An act to add Article 4.4 (commencing with Section 110540) to
Chapter 5 of Part 5 of Division 104 of the Health and Safety Code,
relating to food safety.
LEGISLATIVE COUNSEL'S DIGEST
AB 1372, as amended, Feuer. Food processing establishments: Hazard
Analysis and Critical Control Point plans.
Under existing law, the California Food Sanitation Act, a food
processing establishment is required to satisfy prescribed sanitation
requirements for purposes of food safety. A violation of these
provisions is a misdemeanor.
This bill would require a food processing establishment
facility to adopt and implement a Hazard
Analysis and Critical Control Point (HACCP) plan, as
prescribed, including provisions for the testing of food and
ingredients for the presence of specified hazards to public health.
The bill would also impose reporting and recordkeeping requirements
on food processing establishments facilities
, as specified. The bill would impose these requirements
commencing January 1, 2012, or January 1, 2013, depending upon the
gross annual revenue of the food processing establishment
facility .
This bill would require the State Department of Public Health to
establish minimum standards and requirements for the HACCP plans, and
review adopted plans for compliance. This bill would also require
the department to conduct inspections, as prescribed, and would
authorize the department to increase its annual inspection fee to
include, but not exceed, the cost of this additional inspection
component. The bill would require a food processing
establishment facility to test its food and
ingredients, as prescribed.
Because this bill would create a new crime, the 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.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Article 4.4 (commencing with Section 110540) is added
to Chapter 5 of Part 5 of Division 104 of the Health and Safety Code,
to read:
Article 4.4. Hazard Analysis and Critical Control
Point Plan
110540. (a) A food processing establishment
facility in this state that generates more than ____
dollars ($____) of gross annual revenue shall adopt and implement a
Hazard Analysis and Critical Control Point (HACCP) plan by
January 1, 2012. The minimum contents of the plan shall be
prescribed by the department. 2012.
(b) A food processing establishment
facility in this state that generates less than ____ dollars
($____) of gross annual revenue shall adopt and implement an HACCP
plan by January 1, 2013 , the minimum contents of which
shall be prescribed by the department. .
(c) The department shall, by regulation, establish the minimum
requirements of a general HACCP plan by February 1, 2010
January 1, 2011 . The regulation shall, at a
minimum, adhere to the Hazard Analysis and Critical
Control Point principles and application guidelines adopted by the
National Advisory Committee on Microbiological Criteria for Foods and
shall provide do both of the
following:
(1) Describe the procedures used at the establishment
facility to prevent the presence of hazards,
including, but not limited to, poisonous or deleterious substances or
other contaminants that may render finished foods or ingredients
manufactured at the establishment facility
injurious to health. The procedures shall include, but need not
be limited to, preventive controls, monitoring to ensure the
effectiveness of preventive controls, and records of corrective
actions, including, but not limited to, actions taken in response to
the presence of known hazards.
(2) Provide for regular testing of samples or specimens of
ingredients and final product at the establishment
facility for the presence of poisonous or deleterious
substances or other contaminants that may render the food and
ingredients injurious to health.
(d) In complying with this section, a food processing
establishment
(d) A food processing facility
shall conduct testing in a manner consistent with the standards
presented in the federal Food and Drug Administration's
Bacterial Bacteriological Analytical Manual and
standards developed by the Association of Analytical Communities
International and the International Organization for
Standardization, as these standards are in effect immediately
preceding January 1, 2010. Standardization.
110541. (a) A food processing establishment
facility shall report to the department, within 24 hours,
any test result that is positive for poisonous or deleterious
substances or other contaminants.
(b) A food processing establishment
facility shall maintain a record of all testing that is
conducted pursuant to this article for a period of not less than ____
years. The food processing establishment
facility shall make these records available to the department
for inspection upon request.
110542. (a) The department, in implementing this article, may do
any or all of the following:
(1) Adopt rules and regulations that establish minimum standards
and requirements for a product-specific HACCP plan.
(2) Review all HACCP plans, as adopted by the food processing
establishment facility , for purposes
of determining that the HACCP plan meets the requirements of Section
110540 and any applicable rules and regulations.
(b) The department shall conduct inspections to ensure that a food
processing establishment facility is
in compliance with its HACCP plan.
The inspections shall be conducted as a component of the
department's inspection pursuant to Section 110466 and the fee
charged for inspection pursuant to Section 110466 shall be increased
by an additional amount of up to ____ dollars ($____) to cover, but
not exceed, the cost of the inspection component related to
compliance with this article.
(c) The department, upon reasonable grounds to suspect that food
or ingredients, or both, at a food processing establishment
facility may be injurious to health, may order
that establishment facility to test
samples or specimens of its food or ingredients, or both, for the
presence of any poisonous or deleterious substances or other
contaminants.
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.
