Bill Text: CA SB969 | 2015-2016 | Regular Session | Chaptered
Bill Title: Vietnamese rice cakes.
Spectrum: Bipartisan Bill
Status: (Passed) 2016-08-25 - Chaptered by Secretary of State. Chapter 193, Statutes of 2016. [SB969 Detail]
Download: California-2015-SB969-Chaptered.html
BILL NUMBER: SB 969 CHAPTERED
BILL TEXT
CHAPTER 193
FILED WITH SECRETARY OF STATE AUGUST 25, 2016
APPROVED BY GOVERNOR AUGUST 25, 2016
PASSED THE SENATE AUGUST 11, 2016
PASSED THE ASSEMBLY AUGUST 4, 2016
AMENDED IN ASSEMBLY JUNE 21, 2016
AMENDED IN ASSEMBLY MAY 27, 2016
AMENDED IN SENATE APRIL 12, 2016
AMENDED IN SENATE MARCH 15, 2016
INTRODUCED BY Senator Nguyen
(Coauthors: Senators Beall and Huff)
(Coauthors: Assembly Members Travis Allen, Campos, Chang, Chu,
Daly, Harper, Kim, McCarty, Wagner, 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, 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 a label, designed by the
Vietnamese Rice Cake Association, Inc., 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.
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
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 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.
(c) "Vietnamese rice cake," also known as Bánh Tét or Bánh Ch?ng,
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
Ch?ng 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.
SEC. 3. 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) (1) All manufacturers of Vietnamese rice cakes shall place a
label, designed by the Vietnamese Rice Cake Association, Inc., on the
Vietnamese rice cake that indicates the date and time the cooking
process was completed. The Vietnamese rice cakes label shall include
a statement that the rice cake must be consumed within 24 hours of
the date and time printed on the label.
(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.
SEC. 4. 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 no more than 70 degrees Fahrenheit for no
more than 24 hours.
(b) Vietnamese rice cakes that have been at no more than 70
degrees Fahrenheit but have been stored for more than 24 hours shall
be destroyed in a manner approved by the enforcement agency.
(c) All Vietnamese rice cakes shall bear a label meeting the
requirements of Section 111223.
SEC. 5. 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.
