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AB 1427
SENATE RULES COMMITTEE
Office of Senate Floor Analyses
1020 N Street, Suite 524
(916) 651-1520
Fax: (916) 327-4478
THIRD READING
Bill No:
Author:
Amended:
Vote:
AB 1427
Solorio (D)
8/7/12 in Senate
21
SENATE HEALTH COMMITTEE: 7-0, 6/13/12
AYES: Hernandez, Harman, Alquist, Anderson, DeSaulnier, Rubio, Wolk
NO VOTE RECORDED: Blakeslee, De León
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
ASSEMBLY FLOOR: Not relevant
SUBJECT:
Food facilities: sanitization
SOURCE:
Eco-Safe Systems USA, Inc.
DIGEST: This bill authorizes retail food facilities (e.g. grocery stores,
restaurants) to manually sanitize food-contact surfaces with a chemical
sanitizer generated on-site by a device that complies with federal regulations
applicable to such devices.
ANALYSIS:
Existing federal regulation:
1. Authorizes the use of ozone in the treatment, storage and processing of
foods, including meat and poultry, in accordance with prescribed
conditions.
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AB 1427
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2. Authorizes the use of ozone in the sanitization of water-contact surfaces
in the processing and bottling of bottled water. Specifies the minimum
concentration and timing of the sanitization to be .1 parts per million
(ppm) ozone-water solution in an enclosed system for at least five
minutes.
Existing state law:
1. Provides, under the California Retail Food Code (CalCode), for the
development of health and sanitation standards for retail food facilities
by the Department of Public Health (DPH) and vests local health
agencies with primary responsibility for enforcing these standards.
2. Requires all food facilities to provide manual methods to effectively
clean and sanitize utensils and equipment at the facility, as specified.
3. Authorizes the use of chlorine, iodine, and quaternary ammonium, at
specified concentrations and durations, for use in the manual sanitation
of utensils and equipment during the final rinse. Additionally,
authorizes manual sanitation to be accomplished by immersion in water
above a specified temperature for a specified duration, or manual
sanitation by other methods approved by the enforcement agency.
This bill authorizes retail food facilities (e.g. grocery stores, restaurants) to
manually sanitize food-contact surfaces with a chemical sanitizer generated
on-site by a device that complies with federal regulations applicable to such
devices.
Background
According to the National Small Flows Clearinghouse, ozone is an unstable
gas that that can destroy bacteria and viruses. It is formed when oxygen
molecules (O2) collide with oxygen atoms to produce ozone (O3). It is
generated by an electrical discharge through dry air or pure oxygen. Since it
is an unstable gas, it decomposes to oxygen in about 20 minutes, leaving no
traces of the disinfectant. Its quick decomposition means that it must be
generated onsite. Ozonation (ozone disinfection) is a common method of
disinfecting wastewater and was used in a United States water treatment
plant as early as 1940. According to the Economic Research Service under
the U.S. Department of Agriculture (USDA), most bottled water is now
treated with ozone.
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AB 1427
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For any substance commonly used in the U.S. prior to January 1, 1958, the
U.S. Food and Drug Administration (FDA) allows its use in other products if
an independent panel of experts deems the substance and its use as
“generally recognized as safe” (GRAS). According to the USDA, ozone
was deemed GRAS as a disinfectant for foods by an independent panel of
experts in 1997. The GRAS determination in treating food products was an
expansion of uses already approved for ozone. The FDA claims that ozone
can reduce levels of harmful microorganisms, including some E. coli strains
and Cryptosporidium (a common source of waterborne illness) in foods and
juices, and can kill viruses and parasites. Ozone is approved as a food
additive that may be safely used as an antimicrobial agent in the treatment,
storage, and processing of certain foods under the conditions of use
prescribed in the Code of Federal Regulations.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
SUPPORT: (Verified 8/7/12)
Eco-Safe Systems USA, Inc. (source)
ClearWater Tech
DEL Industries, Inc.
Simply Fresh Fruit
Whole Foods Market
ARGUMENTS IN SUPPORT: The bill’s sponsor, Eco-Safe Systems
USA, Inc., claims that ozone is a powerful non-polluting antimicrobial
sanitizer approved by the FDA and USDA to eliminate bacteria on food,
including vegetables and meat. This bill allows this innovative and green
technology to effectively disinfect food preparation areas and to help reduce
food contamination in an ecological way. Eco-Safe claims that using ozone
for disinfection is organic and free from harmful by-products and residues.
Eco-Safe claims that they are an innovative and environmentally friendly
company that manufactures ozonated water treatment and water reclamation
systems with over 100 clients in the supermarket, restaurant, food processor,
and water reclamation industries.
CTW:mD 8/21/12 Senate Floor Analyses
SUPPORT/OPPOSITION:
SEE ABOVE
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