Bill Text: CA AB836 | 2017-2018 | Regular Session | Amended

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

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Bill Title: Vending machines: bulk food.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2017-09-23 - Chaptered by Secretary of State - Chapter 259, Statutes of 2017. [AB836 Detail]

Download: California-2017-AB836-Amended.html

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Amended  IN  Assembly  March 23, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill

No. 836

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Introduced by Assembly Member Chiu

February 16, 2017

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An act to amend Section 108115 of the Health and Safety Code, relating to environmental health. 114145 of the Health and Safety Code, relating to retail food.

LEGISLATIVE COUNSEL'S DIGEST

AB 836, as amended, Chiu. Environmental health. Vending machines: bulk food.

The California Retail Food Code establishes uniform health and sanitation standards for, and provides for regulation by the State Department of Public Health of, retail food facilities and various types of food. The code establishes requirements for vending machines, including prohibiting those machines from dispensing bulk potentially hazardous food.

This bill would state that food, even if the original source is bulk food, would not be classified as potentially hazardous if the food is dispensed mechanically to the consumer, without the consumer having direct contact with the food.

The State Department of Public Health regulates various issues with respect to environmental health, including, but not limited to, the consumer product safety program.

This bill would make a technical, nonsubstantive change to a provision relating to consumer product safety.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NO  

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Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 Section 114145 of the Health and Safety Code is amended to read:

114145.

 Vending machines shall meet all applicable requirements of this part and shall comply with the following:

(a) Each vending machine or machine location shall have posted in a prominent place a sign indicating the owner’s name, address, and telephone number.

(b) Wet storage of prepackaged products is prohibited.

(c) (1)  Potentially hazardous food shall be dispensed to the consumer in the original package into which it was placed at the commissary or food processing plant. Bulk potentially hazardous food is prohibited.

(2) Bulk potentially hazardous food is prohibited.

(3) Food, even if the original source is bulk food, is not potentially hazardous if dispensed mechanically into a package or container and dispensed to the consumer, without the consumer having direct contact with the food.

(d) Single-use articles that are used in machines dispensing products in bulk shall be obtained in sanitary packages. The single-use articles shall be stored in the original package until introduced into the container magazine or dispenser of the vending machine.

(e) A record of cleaning and sanitizing shall be maintained by the operator in each machine and shall be current for at least the past 30 days.

(f) All vending machines shall be constructed in accordance with applicable NSF International or National Automatic Merchandizing Association standards, or the equivalent thereof.

(g) If located outside, a vending machine shall be provided with overhead protection.

(h) The dispensing compartment of a vending machine shall be equipped with a self-closing door or cover if the machine is located in an outside area that does not otherwise afford the protection of an enclosure against the rain, windblown debris, insects, rodents, and other contaminants that are present in the environment, or if the machine is available for self-service during hours when it is not under the full-time supervision of an employee.

SECTION 1.Section 108115 of the Health and Safety Code is amended to read:

108115.

“Department” means the State Department of Public Health.