BILL NUMBER: SB 888 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 28, 2010
AMENDED IN SENATE APRIL 12, 2010
INTRODUCED BY Senator Yee
( Principal coauthor: Senator
Liu )
( Coauthors: Senators Huff,
Padilla, and Romero )
( Coauthors: Assembly Members
Eng, Tran, and Yamada )
JANUARY 20, 2010
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 114429.5 to, the
Health and Safety Code, relating to food safety.
LEGISLATIVE COUNSEL'S DIGEST
SB 888, as amended, Yee. Food safety: Asian rice based noodles.
Existing law, the Sherman Food, Drug, and Cosmetic Law, contains
various provisions regarding the packaging, labeling, and advertising
of food, drugs, and cosmetics. A violation of any of these
provisions is punishable as a misdemeanor.
This bill would require all manufacturers of Asian rice based
noodles to place labels on the Asian rice based noodles that indicate
the date of manufacture and to include a warning that the Asian rice
based noodles are perishable and must be consumed within
8 4 hours of manufacture.
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.
This bill would permit the sale of Asian rice based noodles, as
defined, that have been at room temperature for no more than
8 4 hours and would prohibit the sale of Asian
rice based noodles unless they are labeled according to the
requirements of this bill.
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 no reimbursement is required by this
act for a specified reason.
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 and Korean Rice Cakes
SEC. 2. Section 111222 of the Health and Safety Code is amended to
read:
111222. For purposes of this article the following definitions
shall apply:
(a) "Asian rice based noodle" is defined as a confection that
contains rice powder, water, wheat starch, and vegetable cooking oil.
The ingredient 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.
SEC. 3. Section 111223 of the Health and Safety Code is amended to
read:
111223. (a) 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 of manufacture and includes a statement
that the Asian rice based noodles are perishable and must
be consumed within eight four hours 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. 4. Section 114429.5 is added to the Health and Safety Code,
to read:
114429.5. (a) Notwithstanding Sections 113996 and 114343 ,
and if permitted by federal law, a food facility may sell Asian
rice based noodles that have been kept at room
temperature for no more than eight four
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 enforcement agency within four hours of manufacture.
(b)
(c) At the end of the operating day, Asian rice based
noodles that have been kept at room temperature for no
more than eight four hours shall be
destroyed in a manner approved by the enforcement agency.
(c)
(d) For purposes of this section, an "Asian 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 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.
(d)
(e) All manufacturers of Asian rice based noodles shall
place a label on the Asian rice based noodle as prescribed by
Section 111223.
SEC. 5. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because 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.