Bill Text: CA AB2130 | 2013-2014 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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
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
BILL NUMBER: AB 2130 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 20, 2014
INTRODUCED BY Assembly Member Pan
(Principal coauthor: Senator Yee)
(Coauthors: Assembly Members Bloom, Maienschein, and Wieckowski)
FEBRUARY 20, 2014
An act to amend repeal and add
Section 113961 of the Health and Safety Code, relating to food
safety.
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 make technical, nonsubstantive changes to
those provisions. 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.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no
yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 113961 of the Health
and Safety Code is repealed.
113961. (a) Food employees shall wash their hands in accordance
with the provisions established in Section 113953.3.
(b) Except when washing fruits and vegetables, as specified in
Section 113992 or as specified in subdivisions (e) and (f), food
employees shall not contact exposed, ready-to-eat food with their
bare hands and shall use suitable utensils such as deli tissue,
spatulas, tongs, single-use gloves, or dispensing equipment.
(c) Food employees shall minimize bare hand and arm contact with
exposed food that is not in a ready-to-eat form.
(d) Food that has been served to a consumer and then wrapped or
packaged at the direction of the consumer, such as food placed in a
take-home container, shall be handled only with utensils. These
utensils shall be properly sanitized before reuse.
(e) Subdivision (b) does not apply to a food employee who contacts
exposed, ready-to-eat food with bare hands at the time the
ready-to-eat food is being added as an ingredient to a food that
meets either of the following:
(1) Food that contains a raw animal food and is to be cooked in
the food establishment to heat all parts of the food to the minimum
temperatures specified in subdivisions (a) and (b) of Section 114004
or in Section 114008.
(2) Food that does not contain a raw animal food but is to be
cooked in the food establishment to heat all parts of the food to a
temperature of at least 165 degrees Fahrenheit.
(f) Food employees not serving a highly susceptible population may
contact exposed, ready-to-eat food with their bare hands if all of
the following occur:
(1) The permitholder obtains prior approval from the regulatory
authority.
(2) Written procedures are maintained in the food facility and
made available to the regulatory authority upon request, that include
all of the following:
(A) For each bare hand contact procedure, a listing of the
specific ready-to-eat foods that are touched by bare hands.
(B) Diagrams and other information showing that handwashing
facilities that are installed, located, and maintained in accordance
with Sections 113953, 113953.1, and 113953.2, are in an easily
accessible location and in close proximity to the work station where
the bare hand contact procedure is conducted.
(3) A written employee health policy that details the manner in
which the food facility complies with Sections 113949, 113949.1,
113949.2, 113949.3, 113949.4, 113949.5, 113950, and 113950.5,
including all of the following:
(A) Documentation that food employees acknowledge that they are
informed to report information about their health and activities as
they relate to gastrointestinal symptoms and diseases that are
transmittable through food as specified in Section 113949.1.
(B) Documentation that food employees acknowledge their
responsibilities as specified in Section 113949.4.
(C) Documentation that the person in charge acknowledges the
responsibilities specified in Section 113949.5, subdivision (b) of
Section 113950, and Section 113950.5.
(4) Documentation that food employees acknowledge that they have
received training in all of the following:
(A) The risks of contacting the specific ready-to-eat foods with
bare hands.
(B) Proper handwashing techniques and requirements, pursuant to
subdivision (a) of Section 113953.3.
(C) Where to wash their hands, as specified in Section 113953.1.
(D) Proper fingernail maintenance, as specified in Section 113968.
(E) Prohibition of jewelry, as specified in subdivision (a) of
Section 113973.
(F) Good hygienic practices, as specified in Sections 113974 and
113977.
(5) Documentation that hands are washed before food preparation
and as necessary to prevent cross-contamination by food employees, as
specified in Sections 113952, 113953.1, and 113953.3 during all
hours of operation when the specific ready-to-eat foods are prepared.
(6) Documentation that food employees contacting ready-to-eat
foods with bare hands use two or more of the following control
measures to provide additional safeguards to hazards associated with
bare hand contact:
(A) Double handwashing.
(B) Nail brushes.
(C) A hand antiseptic after handwashing, as specified in Section
113953.4.
(D) Incentive programs such as paid sick leave that assist or
encourage food employees not to report to work if they are ill.
(E) Other control measures approved by the regulatory authority.
(7) Documentation that corrective action is taken when the
requirements specified in paragraphs (1) to (6), inclusive, are not
followed.
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.
SECTION 1. Section 113961 of the Health and
Safety Code is amended to read:
113961. (a) Food employees shall wash their hands in accordance
with the provisions established in Section 113953.3.
(b) Except when washing fruits and vegetables, as specified in
Section 113992 or as specified in subdivisions (e) and (f), food
employees shall not contact exposed, ready-to-eat food with their
bare hands and shall use suitable utensils ,including deli tissue,
spatulas, tongs, single-use gloves, or dispensing equipment.
(c) Food employees shall minimize bare hand and arm contact with
exposed food that is not in a ready-to-eat form.
(d) Food that has been served to a consumer and then wrapped or
packaged at the direction of the consumer, including food placed in a
take-home container, shall be handled only with utensils. These
utensils shall be properly sanitized before reuse.
(e) Subdivision (b) does not apply to a food employee who contacts
exposed, ready-to-eat food with bare hands at the time the
ready-to-eat food is being added as an ingredient to a food that
meets either of the following:
(1) Food that contains a raw animal food and is to be cooked in
the food establishment to heat all parts of the food to the minimum
temperatures specified in subdivisions (a) and (b) of Section 114004
or in Section 114008.
(2) Food that does not contain a raw animal food but is to be
cooked in the food establishment to heat all parts of the food to a
temperature of at least 165 degrees Fahrenheit.
(f) Food employees not serving a highly susceptible population may
contact exposed, ready-to-eat food with their bare hands if all of
the following occur:
(1) The permitholder obtains prior approval from the regulatory
authority.
(2) Written procedures are maintained in the food facility and
made available to the regulatory authority upon request, that include
all of the following:
(A) For each bare hand contact procedure, a listing of the
specific ready-to-eat foods that are touched by bare hands.
(B) Diagrams and other information showing that handwashing
facilities that are installed, located, and maintained in accordance
with Sections 113953, 113953.1, and 113953.2, are in an easily
accessible location and in close proximity to the work station where
the bare hand contact procedure is conducted.
(3) A written employee health policy that details the manner in
which the food facility complies with Sections 113949, 113949.1,
113949.2, 113949.3, 113949.4, 113949.5, 113950, and 113950.5,
including all of the following:
(A) Documentation that food employees acknowledge that they are
informed to report information about their health and activities as
they relate to gastrointestinal symptoms and diseases that are
transmittable through food as specified in Section 113949.1.
(B) Documentation that food employees acknowledge their
responsibilities as specified in Section 113949.4.
(C) Documentation that the person in charge acknowledges the
responsibilities specified in Section 113949.5, subdivision (b) of
Section 113950, and Section 113950.5.
(4) Documentation that food employees acknowledge that they have
received training in all of the following:
(A) The risks of contacting the specific ready-to-eat foods with
bare hands.
(B) Proper handwashing techniques and requirements, pursuant to
subdivision (a) of Section 113953.3.
(C) Where to wash their hands, as specified in Section 113953.1.
(D) Proper fingernail maintenance, as specified in Section 113968.
(E) Prohibition of jewelry, as specified in subdivision (a) of
Section 113973.
(F) Good hygienic practices, as specified in Sections 113974 and
113977.
(5) Documentation that hands are washed before food preparation
and as necessary to prevent cross-contamination by food employees, as
specified in Sections 113952, 113953.1, and 113953.3 during all
hours of operation when the specific ready-to-eat foods are prepared.
(6) Documentation that food employees contacting ready-to-eat
foods with bare hands use two or more of the following control
measures to provide additional safeguards to hazards associated with
bare hand contact:
(A) Double handwashing.
(B) Nail brushes.
(C) A hand antiseptic after handwashing, as specified in Section
113953.4.
(D) Incentive programs, including paid sick leave, that assist or
encourage food employees not to report to work if they are ill.
(E) Other control measures approved by the regulatory authority.
(7) Documentation that corrective action is taken when the
requirements specified in paragraphs (1) to (6), inclusive, are not
followed.
