Bill Text: CA SB1465 | 2011-2012 | Regular Session | Amended

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

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Bill Title: Food safety: Asian rice-based noodles.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2012-09-27 - Chaptered by Secretary of State. Chapter 658, Statutes of 2012. [SB1465 Detail]

Download: California-2011-SB1465-Amended.html

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BILL NUMBER: SB 1465	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 11, 2012
	AMENDED IN SENATE  MAY 29, 2012
	AMENDED IN SENATE  MAY 9, 2012
	AMENDED IN SENATE  MAY 1, 2012
	AMENDED IN SENATE  APRIL 18, 2012
	AMENDED IN SENATE  APRIL 9, 2012

INTRODUCED BY   Senator Yee
   (Coauthor: Senator Correa)
   (Coauthors: Assembly Members Ammiano, Blumenfield, Huffman, and
Wieckowski)

                        FEBRUARY 24, 2012

   An act to  add and repeal Section 14077 of the
Corporations Code, relating to economic development  
amend Sections 111223, 114429, and 114429.5 of the Health and Safety
Code, relating to food safety  .



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1465, as amended, Yee.  Loan programs.  
Food safety: Asian rice-based noodles: Korean rice cakes.  
   Existing law, the Sherman Food, Drug, and Cosmetic Law, requires
all manufacturers of Asian rice-based noodles to place labels on the
Asian rice-based noodles that indicate the date and time of
manufacture and include a warning that the Asian rice-based noodles
are perishable and must be consumed within 4 hours of manufacture.
Violation of these provisions is a misdemeanor.  
   Existing law, the California Retail Food Code, establishes uniform
health and sanitation standards for retail food facilities, as
defined. The law requires the State Department of Public Health to
adopt regulations to implement and administer those provisions, and
delegates primary enforcement duties to local health agencies. A
violation of any of these provisions is punishable as a misdemeanor.
 
   Existing law authorizes the sale of Asian rice-based noodles, as
defined, that have been at room temperature for no more than 4 hours,
and prohibits the sale of Asian rice-based noodles unless they have
the above-described labeling.  
   This bill would revise the labeling and sale requirements to
reflect that Asian rice-based noodles must be consumed within 24
hours of manufacture.  
   By imposing new duties upon local agencies and changing the
definition of a crime, this bill would impose a state-mandated local
program.  
   Existing law authorizes the sale of Korean rice cakes, as defined,
that have been at room temperature for no more than 24 hours and
requires the destruction of Korean rice cakes that have been at room
temperature for no more than 24 hours.  
   This bill instead would require the destruction of Korean rice
cakes that have been at room temperature for more than 24 hours.
 
   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. 

   The California Small Business Financial Development Corporation
Law authorizes the formation of small business financial development
corporations to grant loans or loan guarantees for the purpose of
stimulating small business development. That law imposes certain
duties with respect to that program on a director designated by the
Secretary of Business, Transportation and Housing. The California
Small Business Expansion Fund, which is created under that law and is
continuously appropriated, provides funds to be used to pay for
defaulted loan guarantees and administrative costs of these
corporations.  
   This bill would, until March 31, 2017, require the Secretary of
Business, Transportation and Housing or his or her designee, to the
extent that the secretary determines to be practical, to enter into
loans or loan guarantee agreements with financial institutions that
provide export financing in the state for the purpose of increasing
exports to out-of-state markets and increasing jobs in California.

   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program:  no   yes  .


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

   SECTION 1.    Section 111223 of the   Health
and Safety Code   is amended to read: 
   111223.  (a) All manufacturers of Asian  rice based
 rice-based  noodles shall place a label on the
packaging of Asian  rice based   rice-based
 noodles that indicates the date and time of manufacture and
includes a statement that the Asian  rice based 
 rice-based  noodles are perishable and must be consumed
within  four hours   one day  of
manufacture.
   (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.
   SEC. 2.    Section 114429 of the   Health
and Safety Code   is amended to read: 
   114429.  (a) Notwithstanding Sections 113996 and 114343 and if
permitted by federal law, a food facility may sell Korean rice cakes
that have been at room temperature for no more than 24 hours.
   (b) At the end of the operating day, Korean rice cakes that have
been at room temperature for  no  more than 24 hours
shall be destroyed in a manner approved by the enforcement agency.
   (c) For purposes of this section, a "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 ingredient shall not include any animal fats or any
other products derived from animals.
   (d) All manufacturers of Korean rice cakes shall place a label on
the Korean rice cake as prescribed by Section 111223.
   SEC. 3.    Section 114429.5 of the   Health
and Safety Code   is amended to read: 
   114429.5.  (a) Notwithstanding Sections 113996 and 114343, and if
permitted by federal law, a food facility may sell Asian 
rice based   rice-based  noodles that have been
kept at room temperature for no more than  four 
 24  hours. 
   (b) Asian rice based noodles that have been kept at room
temperature shall be consumed, cooked, or destroyed in a manner
approved by the local enforcement agency within four hours of
manufacture.  
   (c) 
    (b)  At the end of the operating day, Asian 
rice based   rice-based  noodles that have been
kept at room temperature for more than  four  
24  hours shall be destroyed in a manner approved by the local
enforcement agency. 
   (d) 
    (c)  For purposes of this section, an "Asian 
rice based   rice-based  noodle" is defined as a
confection that contains rice powder, water, wheat starch, and
vegetable cooking oil. The ingredients shall not include any animal
fats or any other products derived from animals. An Asian 
rice based   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.

   (e) 
    (d)  All manufacturers of Asian  rice based
  rice-based  noodles shall place a label on the
Asian  rice based   rice-based  noodle as
prescribed by Section 111223.
   SEC. 4.    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.    The Legislature finds and declares
all of the following:
   (a) The great recession that began in 2007 has severely eroded
California's economy, and manufacturing and production sectors will
be the principal contributors to the economic recovery. Underwriting
export finance loans is a promising financial tool to grow
manufacturing and production jobs, while generating new revenues for
the state.
   (b) International trade and expanding export markets have been an
important part of California's economic prosperity over the last 60
years. This legislation is necessary to assist California's most
successful and promising small businesses and industries to secure
markets beyond its borders. The credit support provided by this
legislation is necessary to facilitate expansion of financially
secure businesses and industries that have insufficient international
experience or access to credit to secure financing from private
sources. The credit support provided by this legislation will be used
to facilitate export expansion and is intended to be targeted to new
or emerging ventures and provide temporary assistance.
   (c) The Governor's Office of Business and Economic Development
uses its expertise and state resources to support small businesses
that need financial assistance and professional advice to succeed in
markets beyond California's borders.  
  SEC. 2.    Section 14077 is added to the
Corporations Code, to read:
   14077.  (a) In connection with his or her duties under this
chapter, the secretary or his or her designee shall, to the extent
that the secretary determines to be practical, enter into loans or
loan guarantee agreements with financial institutions that provide
export financing in the state for the purpose of increasing exports
to out-of-state markets and increasing jobs in California.
   (b) This section shall remain in effect only until March 31, 2017,
and as of that date is repealed, unless a later enacted statute,
that is enacted before March 31, 2017, deletes or extends that date.