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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
]]]] 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 2 RELATING TO REGULATION OF FOOD ESTABLISHMENTS; AMENDING SECTION 39-1602, IDAHO 3 CODE, TO EXCLUDE CORRECTIONAL FACILITIES FROM THE DEFINITION OF FOOD 4 ESTABLISHMENT AND TO MAKE A TECHNICAL CORRECTION. 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; and34 (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; 2 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 RS13644C1 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 burden. 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