2004 Legislation
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SENATE BILL NO. 1215 – Food establishmnt/correctn facility


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Bill Status

S1215.................................................by HEALTH AND WELFARE
FOOD ESTABLISHMENTS - Amends existing law relating to the regulation of
food establishments to exclude correctional facilities from the definition
of food establishment.
01/21    Senate intro - 1st rdg - to printing
01/22    Rpt prt - to Health/Wel
    Rpt out - rec d/p - to 2nd rdg
01/26    2nd rdg - to 3rd rdg
01/30    3rd rdg - PASSED - 32-0-3
      AYES -- Andreason, Bailey, Bunderson, Burkett, Calabretta, Cameron,
      Compton, Darrington, Davis, Gannon, Geddes, Goedde, Hill, Ingram,
      Kennedy, Keough, Little(Bilbao), Lodge, Malepeai, Marley, McKenzie,
      McWilliams, Noble, Pearce, Richardson, Schroeder, Sorensen, Stegner,
      Stennett, Sweet, Werk(Spindler), Williams
      NAYS -- None
      Absent and excused -- Brandt, Burtenshaw, Noh
    Floor Sponsor - Darrington
    Title apvd - to House
02/02    House intro - 1st rdg - to Health/Wel

Bill Text

  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                 Second Regular Session - 2004
                                       IN THE SENATE
                                    SENATE BILL NO. 1215
                              BY HEALTH AND WELFARE COMMITTEE
  1                                        AN ACT
  5    Be It Enacted by the Legislature of the State of Idaho:
  6        SECTION  1.  That  Section 39-1602, Idaho Code, be, and the same is hereby
  7    amended to read as follows:
  8        39-1602.  DEFINITIONS. As used in this chapter:
  9        (1)  "Food establishment" means those operations in the food business such
 10    as, but not limited to, food  processing  establishments,  canning  factories,
 11    salvage  processing  facilities,  food  service  establishments,  cold storage
 12    plants, commissaries, warehouses, food vending machine  operations  and  loca-
 13    tion,  caterers,  mobile  food  units  and retail food stores. Such operations
 14    include all activities under the control of the license holder including prep-
 15    aration, processing,  storage,  service,  transportation  vehicles,  satellite
 16    locations,  divisions  and  departments,  and  remote  feeding sites. The term
 17    includes operations which are conducted  in  permanent,  temporary  or  mobile
 18    facilities  or locations. It includes any food operation regardless of whether
 19    consumption is on or off the premises and regardless of  whether  there  is  a
 20    charge  for the food. Individual divisions and departments on one (1) premises
 21    and under common ownership shall as a whole be considered a single food estab-
 22    lishment. The term "food establishment" does not include:
 23        (a)  Private homes where food is prepared or served for individual  family
 24        consumption;
 25        (b)  Fraternal,  benevolent or nonprofit charitable organizations which do
 26        not prepare or serve food on a regular basis. Food shall not be considered
 27        to be served on a regular basis if the food is served for a period not  to
 28        exceed  five  (5) consecutive days on no more than three (3) occasions per
 29        year for foods which are not potentially hazardous,  or  if  the  food  is
 30        served no more than one (1) meal a week for all other foods;
 31        (c)  Bed and breakfast establishments with ten (10) or fewer beds;
 32        (d)  Establishments  which  offer  only  factory-sealed foods that are not
 33        potentially hazardous; and
 34        (e)  Agricultural markets; and
 35        (f)  Any correctional facility as defined in section 18-101A, Idaho Code.
 36        (2)  "Potentially hazardous food" means any food or ingredient, natural or
 37    synthetic, in a form capable of supporting the rapid and progressive growth of
 38    infectious or toxigenic microorganisms or the  slower  growth  of  clostridium
 39    botulinum.  Included  is any food of animal origin, either raw or heat treated
 40    and any food of plant origin which has been heat treated or which is raw  seed
 41    sprouts;  cut  melons; and garlic and oil mixtures. The term "potentially haz-
 42    ardous food" does not include:
 43        (a)  Air-dried hard-boiled eggs with shells intact;
  1        (b)  Foods with a water activity  (aw)  value  of  eighty-five  hundredths
  2        (0.85) or less;
  3        (c)  Foods  with  a pH (hydrogen ion concentration) level of four and six-
  4        tenths (4.6) or below when measured at seventy-five (75)  degrees  Fahren-
  5        heit;
  6        (d)  Foods in unopened hermetically-sealed containers which have been com-
  7        mercially  processed  to  achieve  and maintain commercial sterility under
  8        conditions of nonrefrigerated storage and distribution;
  9        (e)  Foods for which laboratory evidence,  acceptable  to  the  regulatory
 10        authority,  demonstrates  that  rapid and progressive growth of infectious
 11        and toxigenic microorganisms or the slower growth of clostridium botulinum
 12        cannot occur;
 13        (f)  Milk, half-and-half cream, butter products, frozen dairy desserts and
 14        other fluid milk products, in the original unopened container; and
 15        (g)  Any other food items determined by the department of health and  wel-
 16        fare not to be potentially hazardous.
 17        (3)  "Regulatory  authority" means the director of the Idaho department of
 18    health and welfare or the director's designee.

Statement of Purpose / Fiscal Impact

                      STATEMENT OF PURPOSE
                                       The purpose of this bill is to delete county jails and
    state correctional facilities from the requirements of the
    Idaho Food Code.  This code, enforced by the Idaho Department
    of Health and Welfare, is designed to apply to restaurants and
    other private and public food service entities.  State
    correctional facilities and county jails have their own rules
    and regulations pertaining to service of food within
    correctional facilities and jails that are better designed to
    meet their needs.  Implementing Health and Welfare rules on
    food service would create a significant financial burden on
    the state and on county governments that would require
    additional funding from the state general fund and local
    property taxpayers.  This bill will avoid that unnecessary
                         FISCAL IMPACT
   This bill has no adverse impact on the general fund or on 
   county budgets.
    CONTACT:  Idaho Sheriff's Association, Michael J. Kane
              Phone:  342-4545
    STATEMENT OF PURPOSE/FISCAL NOTE                   S1215