AMENDED IN SENATE JULY 3, 2017

AMENDED IN SENATE JUNE 20, 2017

AMENDED IN ASSEMBLY APRIL 25, 2017

AMENDED IN ASSEMBLY APRIL 5, 2017

AMENDED IN ASSEMBLY MARCH 23, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

92

CHAPTER 259

Statutes of 2017

[ Approved by Governor September 23, 2017. Filed with Secretary of State September 23, 2017. ]

Introduced by Assembly Member Chiu

February 16, 2017

An act to amend Section 113936 of the Health and Safety Code, relating to retail food.

Vote: majority   Appropriation: no   Fiscal committee: yes   Local program: no

LEGISLATIVE COUNSEL’S DIGEST

The California Retail Food Code establishes uniform health and sanitation standards for, and provides for regulation by the State Department of Public Health of, retail food facilities and various types of food. The code establishes requirements for vending machines, including prohibiting those machines from dispensing bulk potentially hazardous food. Existing law authorizes the department to issue a variance to allow the use of an alternative practice or procedure for specified purposes, including for cooking and reheating temperatures for potentially hazardous food. A violation of these provisions is a crime.

This bill would authorize the department to issue a variance for dispensing bulk potentially hazardous food from vending machines, as specified.

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

SECTION 1.

Section 113936 of the Health and Safety Code is amended to read:

113936.

“Variance” means a written document issued by the department that allows the use of an alternative practice or procedure based on a determination by the department that the alternate practice or procedure is equivalent to the existing requirements, and that a health hazard will not result from the alternative practice or procedure. A variance may be issued in the following circumstances:

(a) For employee hygiene, as described in subdivision (e) of Section 113953, and Sections 113953.3 and 113953.4.

(b) For protection of food from contamination, as described in Sections 113984, 113986, 113988, and 113992.

(c) For time as a public health control, as described in Section 114000.

(d) For cooling time and methods, as described in Sections 114002 and 114002.1.

(e) For cooking and reheating temperatures for potentially hazardous food, as described in Sections 114004, 114008, 114010, and 114016.

(f) For use of raw shell eggs in foods that are not thoroughly cooked, as described in Section 114012.

(g) For thawing of frozen food, as described in Section 114020.

(h) For receiving temperatures of potentially hazardous foods, as described in Section 114037.

(i) For reduced-oxygen packaging of potentially hazardous food, as described in Sections 114057 and 114057.1.

(j) For sanitization methods for food-contact and nonfood-contact surfaces, as described in Sections 114099.6, 114109, 114117, 114119, and 114121.

(k) For dispensing bulk potentially hazardous food from vending machines as described in subdivision (c) of Section 114145.