BILL NUMBER: AB 610 CHAPTERED 07/09/02 CHAPTER 121 FILED WITH SECRETARY OF STATE JULY 9, 2002 APPROVED BY GOVERNOR JULY 9, 2002 PASSED THE ASSEMBLY JUNE 24, 2002 PASSED THE SENATE JUNE 20, 2002 AMENDED IN SENATE MARCH 7, 2002 AMENDED IN SENATE MARCH 4, 2002 AMENDED IN ASSEMBLY JANUARY 18, 2002 AMENDED IN ASSEMBLY JANUARY 7, 2002 AMENDED IN ASSEMBLY APRIL 3, 2001 INTRODUCED BY Assembly Member Kelley FEBRUARY 22, 2001 An act to amend Sections 113823 and 114332.1 of, to add Section 114332.7 to, to add a heading as Article 13.5 (commencing with Section 114332) to Chapter 4 of Part 7 of Division 104 of, and to repeal the heading of Chapter 13.5 (commencing with Section 114332) of Part 7 of, Division 104 of, the Health and Safety Code, relating to food. LEGISLATIVE COUNSEL'S DIGEST AB 610, Kelley. Nonprofit charitable temporary food facilities. Existing law, the California Uniform Retail Food Facilities Law, defines a nonprofit charitable temporary food facility as a temporary food facility that is conducted and operated by a specified type of corporation, that is exempt from taxation pursuant to specified provisions of law. Under existing law, a nonprofit charitable temporary food facility may operate once annually for a period of time not to exceed 72 hours. Under existing law, any person who violates any provision of the California Uniform Retail Food Facilities Law, or any related regulation, is guilty of a misdemeanor. This bill would expand the definition of a nonprofit charitable temporary food facility to include an established club or organization of students. The bill would additionally authorize a nonprofit charitable temporary food facility to operate up to 4 times annually, for up to 72 hours for each of the 4 time periods. The bill would provide that the provisions relating to nonprofit charitable temporary food facilities shall not prevent a local enforcement agency from performing inspections of, or requiring permits for, any nonprofit charitable temporary food facility to ensure compliance with existing food safety provisions. Because the violation of provisions applicable to retail food facilities is a 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 no reimbursement is required by this act for a specified reason. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 113823 of the Health and Safety Code is amended to read: 113823. "Nonprofit charitable temporary food facility" means either of the following: (a) A temporary food facility, as defined in Section 113895, that is conducted and operated by a corporation incorporated pursuant to the Nonprofit Corporation Law (Div. 2 (commencing with Section 5000), Title 1, Corp. C.), that is exempt from taxation pursuant to paragraphs (1) to (10), inclusive, and paragraph (19) of Section 501 (c) of the Internal Revenue Code and Section 23701d of the Revenue and Taxation Code. (b) An established club or organization of students that operates under the authorization of a school or educational facility. SEC. 2. The heading of Chapter 13.5 (commencing with Section 114332) of Part 7 of Division 104 of the Health and Safety Code is repealed. SEC. 3. A heading is added as Article 13.5 (commencing with Section 114332) to Chapter 4 of Part 7 of Division 104 of the Health and Safety Code, to read: Article 13.5. Nonprofit Charitable Temporary Food Facilities SEC. 4. Section 114332.1 of the Health and Safety Code is amended to read: 114332.1. Nonprofit charitable temporary food facilities may operate up to four times annually. These four time periods shall not exceed 72 hours each. SEC. 5. Section 114332.7 is added to the Health and Safety Code, to read: 114332.7. Nothing in this article shall prevent a local enforcement agency from performing inspections of, or requiring permits for, any nonprofit charitable temporary food facility to ensure compliance with food safety provisions contained in this chapter. SEC. 6. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because 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.