Amended in Assembly May 27, 2016

Amended in Senate April 12, 2016

Amended in Senate March 15, 2016

Senate BillNo. 969


Introduced by Senator Nguyen

(begin deleteCoauthor: Senator end deletebegin insertCoauthors: Senators Beall and end insertHuff)

(Coauthors: Assembly Membersbegin insert Travis end insertbegin insertAllen,end insert Campos, Chang,begin insert Chu, Daly, Harper,end insert Kim, McCarty,begin insert Wagner,end insert and Williams)

February 8, 2016


An act to amend Sections 111222 and 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 require, except as provided, a manufacturer of Vietnamese rice cakes, as defined, to place abegin delete labelend deletebegin insert label, issued by the Vietnamese Rice Cake Association, Inc.,end insert on the Vietnamese rice cake that indicates the date and time the cooking process was completed, and would require the label to include a statement that the rice cake must be consumed within 24 hours of the date and time printed on the label. 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 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 no more than 70 degrees Fahrenheit for no more than 24 hours and would require Vietnamese rice cakes that have been at no more than 70 degrees Fahrenheit but have been stored for more than 24 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:

P2    1

SECTION 1.  

The heading of Article 14 (commencing with
2Section 111222) of Chapter 5 of Part 5 of Division 104 of the 3Health and Safety Code is amended to read:

4 

5Article 14.  Asian Rice Noodles, Korean Rice Cakes, and
6Vietnamese Rice Cakes

 

P3    1

SEC. 2.  

Section 111222 of the Health and Safety Code is
2amended to read:

3

111222.  

For purposes of this article the following definitions
4shall apply:

5(a) “Asian rice-based noodle” is defined as a rice-based pasta
6that contains rice powder, water, wheat starch, vegetable cooking
7oil, and optional ingredients to modify the pH or water activity,
8or to provide a preservative effect. The ingredients shall not include
9any animal fats or any other products derived from animals. An
10Asian rice-based noodle is prepared by using a traditional method
11that includes cooking by steaming at not less than 130 degrees
12Fahrenheit, for not less than four minutes.

13(b) “Korean rice cake” is defined as a confection that contains
14rice powder, salt, sugar, various edible seeds, oil, dried beans, nuts,
15dried fruits, and dried pumpkin. The ingredients may not include
16any animal fats or any other products derived from animals. A
17Korean rice cake is prepared by using a traditional Korean method
18that includes cooking by steaming at not less than 275 degrees
19Fahrenheit, for not less than five minutes, nor more than 15
20minutes.

21(c) “Vietnamese rice cake,” also known as Bánh Tét or Bánh
22Chưng, is defined as a confection that contains a combination of
23rice, beans, and meat or fruit wrapped tightly in banana leaves for
24cooking. Bánh Tét is a rice cake in a cylindrical shape, and Bánh
25Chưng is a rice cake in a square shape. A Vietnamese rice cake is
26prepared using a traditional Vietnamese method that includes
27cooking by boiling in water for not less than 10 hours. Vietnamese
28rice cakes are required to be handled, prepared, and stored under
29 sanitary conditions both when they are kept at no more than 70
30degrees Fahrenheit upon completion of cooking and after the rice
31cakes have been cooled to below 70 degrees Fahrenheit. Any
32Vietnamese rice cakes that are unwrapped from the banana leaves
33after cooking shall be refrigerated.

34

SEC. 3.  

Section 111223 of the Health and Safety Code is
35amended to read:

36

111223.  

(a) (1) All manufacturers of Asian rice-based noodles
37shall place a label on the packaging of Asian rice-based noodles
38that indicates the date and time that the product first came out of
39hot holding at temperatures above 135 degrees Fahrenheit and
P4    1includes a statement that the Asian rice-based noodles are
2perishable.

3(2) The product packaging shall only be labeled once.

4(3) Notwithstanding paragraphs (1) and (2), this section shall
5not apply to Asian rice-based noodles that have a pH of 4.6 or
6below, have a water activity of 0.85 or below, or have been
7determined by the department to be nonpotentially hazardous foods
8based on formulation and supporting laboratory documentation
9 submitted to the department by the manufacturer.

10(b) All manufacturers of Korean rice cakes shall place a label
11issued by the Korean Rice Cake Association Corporation on the
12Korean rice cake that indicates the date of manufacture. The Korean
13rice cakes label shall include a statement that the rice cake must
14be consumed within one day of manufacture.

15(c) (1) All manufacturers of Vietnamese rice cakes shall place
16abegin delete labelend deletebegin insert label, issued by the Vietnamese Rice Cake Association,
17Inc.,end insert
on the Vietnamese rice cake that indicates the date and time
18the cooking process was completed. The Vietnamese rice cakes
19label shall include a statement that the rice cake must be consumed
20within 24 hours of the date and time printed on the label.

21(2) Notwithstanding paragraph (1), this section does not apply
22to Vietnamese rice cakes that have been determined by the
23department to be nonpotentially hazardous foods based on
24formulation and supporting laboratory documentation submitted
25to the department by the manufacturer.

26

SEC. 4.  

Section 114429.3 is added to the Health and Safety
27Code
, to read:

28

114429.3.  

(a) Notwithstanding Sections 113996 and 114343
29and if permitted by federal law, a food facility may sell Vietnamese
30rice cakes that have been at no more than 70 degrees Fahrenheit
31for no more than 24 hours.

32(b) Vietnamese rice cakes that have been at no more than 70
33degrees Fahrenheit but have been stored for more than 24 hours
34shall be destroyed in a manner approved by the enforcement
35agency.

36(c) All Vietnamese rice cakes shall bear a label meeting the
37requirements of Section 111223.

38

SEC. 5.  

No reimbursement is required by this act pursuant to
39Section 6 of Article XIII B of the California Constitution for certain
40costs that may be incurred by a local agency or school district
P5    1because, in that regard, this act creates a new crime or infraction,
2eliminates a crime or infraction, or changes the penalty for a crime
3or infraction, within the meaning of Section 17556 of the
4Government Code, or changes the definition of a crime within the
5meaning of Section 6 of Article XIII B of the California
6Constitution.

7However, if the Commission on State Mandates determines that
8this act contains other costs mandated by the state, reimbursement
9to local agencies and school districts for those costs shall be made
10pursuant to Part 7 (commencing with Section 17500) of Division
114 of Title 2 of the Government Code.



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