Bill Text: CA AB2130 | 2013-2014 | Regular Session | Amended

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

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Bill Title: Retail food safety.

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Passed) 2014-06-28 - Chaptered by Secretary of State - Chapter 75, Statutes of 2014. [AB2130 Detail]

Download: California-2013-AB2130-Amended.html

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BILL NUMBER: AB 2130	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 1, 2014
	AMENDED IN ASSEMBLY  MARCH 28, 2014
	AMENDED IN ASSEMBLY  MARCH 20, 2014

INTRODUCED BY   Assembly  Member   Pan
  Members   Pan   and Gatto 
    (   Principal coauthor: 
 Senator   Yee   )

   (Coauthors: Assembly Members Bloom, Maienschein, Nazarian, Ting,
and Wieckowski)

                        FEBRUARY 20, 2014

   An act to repeal and add Section 113961 of the Health and Safety
Code, relating to food safety, and declaring the urgency thereof, to
take effect immediately.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2130, as amended, Pan. Retail food safety.
   Under existing law, the California Retail Food Code, the State
Department of Public Health establishes uniform health and sanitation
standards for retail food facilities and local health agencies are
required to enforce these provisions. A person who violates any
provision of the code is guilty of a misdemeanor. Existing law
requires food employees to wash their hands in accordance with
specified provisions and prohibits food employees from contacting
exposed, ready-to-eat food with their bare hands, except under
certain conditions, including when washing fruits and vegetables and
when not serving a highly susceptible population, as specified.
   This bill would instead require that food employees minimize bare
hand and arm contact with nonprepackaged food that is in a
ready-to-eat form. The bill would require food employees to use
utensils, as specified, to assemble ready-to-eat food or to place
ready-to-eat food on tableware or in other containers. The bill would
authorize food employees to assemble or place on tableware or in
other containers ready-to-eat food in an approved food preparation
area without using utensils if hands are cleaned in accordance with
specified provisions. The bill would require that food that has been
served to the consumer and then wrapped or prepackaged at the
direction of the consumer be handled only with utensils. The bill
would require these utensils to be properly sanitized before reuse.
By revising the standards that are required to be enforced by local
health agencies and changing the scope of an existing 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 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.
   This bill would declare that it is to take effect immediately as
an urgency statute.
   Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 113961 of the Health and Safety Code is
repealed.
  SEC. 2.  Section 113961 is added to the Health and Safety Code, to
read:
   113961.  (a) Food employees shall minimize bare hand and arm
contact with nonprepackaged food that is in a ready-to-eat form.
   (b) Food employees shall use utensils, including scoops, forks,
tongs, paper wrappers, gloves, or other implements, to assemble
ready-to-eat food or to place ready-to-eat food on tableware or in
other containers. However, food employees may assemble or place on
tableware or in other containers ready-to-eat food in an approved
food preparation area without using utensils if hands are cleaned in
accordance with Section 113953.3.
   (c) Food that has been served to the consumer and then wrapped or
prepackaged at the direction of the consumer shall be handled only
with utensils. These utensils shall be properly sanitized before
reuse.
  SEC. 3.  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.
  SEC. 4.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
   In order to protect public health and safety by developing better
food safety procedures for ready-to-eat food and by avoiding
confusion among local health agencies and small businesses at the
earliest  possible time,   time possible, 
it is necessary that this act take effect immediately.