Amended in Senate March 15, 2016

Senate Bill No. 969

Introduced by Senator Nguyen

(Coauthor: Senator Huff)

(Coauthors: Assembly Members begin insert Campos, end insert Chang, Kim, McCarty, and Williams)

February 8, 2016

An act to amend begin delete Section end delete begin insert Sections 111222 and end insert 111223 of, to amend the heading of Article 14 (commencing with Section 111222) of Chapter 5 of Part 5 of Division 104 of, and to add Section 114429.3 to, the Health and Safety Code, relating to food.

LEGISLATIVE COUNSEL’S DIGEST

SB 969, as amended, Nguyen. Vietnamese rice cakes.

Existing law, the Sherman Food, Drug, and Cosmetic Law, requires all manufacturers of Korean rice cakes, as defined, to place a label issued by the Korean Rice Cake Association Corporation on the Korean rice cake that indicates the date of manufacture, and requires the label to include a statement that the rice cake must be consumed within one day of manufacture. A violation of these provisions is a crime.

This bill would begin delete require end delete begin insert require, except as provided, end insert a manufacturer of Vietnamese rice begin delete cakes end delete begin insert cakes, as defined, end insert to place a label on the Vietnamese rice cake that indicates the date begin delete of manufacture, end delete begin insert and time the cooking process was completed, end insert and would require the label to include a statement that the rice cake must be consumed within begin delete 3 days of manufacture. end delete begin insert 48 hours of the date and time printed on the label. end insert By creating a new crime, this bill would impose a state-mandated local program.

Existing law, the California Retail Food Code, provides for the regulation of health and sanitation standards for food facilities, as defined, by the State Department of Public Health. Under existing law, local health agencies are primarily responsible for enforcing the California Retail Food Code. A violation begin delete of any end delete of these provisions is a crime. Existing law authorizes a food facility to sell Korean rice cakes, as defined, that have been at room temperature for no more than 24 hours, and requires, at the end of the operating day, Korean rice cakes that have been at room temperature for no more than 24 hours to be destroyed in a manner approved by the enforcement agency.

This bill would also authorize a food facility to sell Vietnamese rice cakes that have been at begin delete room temperature end delete begin insert no more than 70 degrees Fahrenheit end insert for no more than begin delete 72 end delete begin insert 48 end insert hours, and would begin delete require, at the end of the operating day, end delete begin insert require end insert Vietnamese rice cakes that have been at room temperature for no more than begin delete 72 end delete begin insert 48 end insert hours to be destroyed in a manner approved by the enforcement agency. By imposing new enforcement requirements on local health agencies, and by creating a new 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: yes. State-mandated local program: yes.

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

SECTION 1.  

The heading of Article 14 (commencing with
Section 111222) of Chapter 5 of Part 5 of Division 104 of the Health and Safety Code is amended to read:

 

Article 14.  Asian Rice Noodles, Korean Rice Cakes, and
Vietnamese Rice Cakes

 

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 111222 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

111222.  

For purposes of this article the following definitions
shall apply:

(a) “Asian rice-based noodle” is defined as a rice-based pasta
that contains rice powder, water, wheat starch, vegetable cooking
oil, and optional ingredients to modify the pH or water activity,
or to provide a preservative effect. The ingredients shall not include
any animal fats or any other products derived from animals. An
Asian rice-based noodle is prepared by using a traditional method
that includes cooking by steaming at not less than 130 degrees
Fahrenheit, for not less than four minutes.

(b) “Korean rice cake” is defined as a confection that contains
rice powder, salt, sugar, various edible seeds, oil, dried beans, nuts,
dried fruits, and dried pumpkin. The ingredients may not include
any animal fats or any other products derived from animals. A
Korean rice cake is prepared by using a traditional Korean method
that includes cooking by steaming at not less than 275 degrees
Fahrenheit, for not less than five minutes, nor more than 15
minutes.

begin insert

(c) “Vietnamese rice cake,” also known as Bánh Tét or Bánh Chưng, is defined as a confection that contains a combination of rice, beans, and meat or fruit wrapped tightly in banana leaves for cooking. Bánh Tét is a rice cake in a cylindrical shape, and Bánh Chưng is a rice cake in a square shape. A Vietnamese rice cake is prepared using a traditional Vietnamese method that includes cooking by boiling in water for not less than 10 hours. Vietnamese rice cakes are required to be handled, prepared, and stored under sanitary conditions both when they are kept at no more than 70 degrees Fahrenheit upon completion of cooking and after the rice cakes have been cooled to below 70 degrees Fahrenheit. Any Vietnamese rice cakes that are unwrapped from the banana leaves after cooking shall be refrigerated.

end insert

begin delete SEC. 2. end delete
begin insert SEC. 3. end insert   

Section 111223 of the Health and Safety Code is
amended to read:

111223.  

(a) (1) All manufacturers of Asian rice-based noodles
shall place a label on the packaging of Asian rice-based noodles
that indicates the date and time that the product first came out of
hot holding at temperatures above 135 degrees Fahrenheit and
includes a statement that the Asian rice-based noodles are
perishable.

(2) The product packaging shall only be labeled once.

(3) Notwithstanding paragraphs (1) and (2), this section shall
not apply to Asian rice-based noodles that have a pH of 4.6 or
below, have a water activity of 0.85 or below, or have been
determined by the department to be nonpotentially hazardous foods
based on formulation and supporting laboratory documentation
submitted to the department by the manufacturer.

(b) All manufacturers of Korean rice cakes shall place a label
issued by the Korean Rice Cake Association Corporation on the
Korean rice cake that indicates the date of manufacture. The Korean
rice cakes label shall include a statement that the rice cake must
be consumed within one day of manufacture.

(c)  begin insert (1) end insert begin insert   end insert All manufacturers of Vietnamese rice cakes shall place
a label on the Vietnamese rice cake that indicates the date begin delete of
manufacture. end delete begin insert and time the cooking process was completed. end insert The
Vietnamese rice cakes label shall include a statement that the rice
cake must be consumed within begin delete three days of manufacture. end delete begin insert 48 hours
of the date and time printed on the label. end insert

begin insert

(2) Notwithstanding paragraph (1), this section does not apply
to Vietnamese rice cakes that have been determined by the
department to be nonpotentially hazardous foods based on
formulation and supporting laboratory documentation submitted
to the department by the manufacturer.

end insert

begin delete SEC. 3. end delete
begin insert SEC. 4. end insert   

Section 114429.3 is added to the Health and Safety
Code, to read:

114429.3.  

(a) Notwithstanding Sections 113996 and 114343
and if permitted by federal law, a food facility may sell Vietnamese
rice cakes that have been at begin delete room temperature end delete begin insert no more than 70
degrees Fahrenheit end insert for no more than begin delete 72 end delete begin insert 48 end insert hours.

(b)  begin delete At the end of the operating day, end delete Vietnamese rice cakes that
have been at begin delete room temperature end delete begin insert no more than 70 degrees Fahrenheit end insert
for no more than begin delete 72 end delete begin insert 48 end insert hours shall be destroyed in a manner
approved by the enforcement agency.

(c) All begin delete manufacturers of end delete Vietnamese rice cakes shall begin delete place a
label on the Vietnamese rice cake as prescribed by end delete begin insert bear a label
meeting the requirements of end insert Section 111223.

begin delete SEC. 4. end delete
begin insert SEC. 5. end insert   

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.