BILL NUMBER: AB 1990	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Gordon

                        FEBRUARY 20, 2014

   An act to amend the heading of Chapter 12.5 (commencing with
Section 114375) of Part 7 of Division 104 of, and to add Sections
113932.5, 114376, and 114376.5 to, the Health and Safety Code,
relating to urban agricultural production.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1990, as introduced, Gordon. Urban agricultural production.
   Existing law, the California Retail Food Code, establishes uniform
health and sanitation standards for retail food facilities and
provides for the enforcement of those standards by local health
agencies and by the State Department of Public Health, as specified.
The code requires farm stands, as defined, to comply with specified
requirements governing food safety and sanitation. A violation of the
code is a crime.
   This bill would authorize, except under a specified circumstance,
an urban producer, as defined, to sell or provide whole uncut fruits
or vegetables, or unrefrigerated shell eggs, directly to the public
or to a permitted restaurant if the urban producer meets specified
requirements, including that the produce is labeled with the name and
address of the urban producer. The bill would also authorize an
enforcement officer to enter into and inspect the operations of an
urban producer in response to a food safety recall or food safety
complaint. The bill would also authorize the enforcement officer to
recover reasonable costs associated with that inspection from the
urban producer.
   Because the bill would create new crimes and would impose
additional duties on local food inspectors, the 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 with regard to certain mandates no
reimbursement is required by this act for a specified reason.
   With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 113932.5 is added to the Health and Safety
Code, to read:
   113932.5.  "Urban producer" means a producer on land that is in
compliance with applicable local land use and zoning restrictions,
including, but not limited to, restrictions governing community
gardens, school gardens, and culinary gardens, without regard to
whether the land is zoned for agricultural use.
  SEC. 2.  The heading of Chapter 12.5 (commencing with Section
114375) of Part 7 of Division 104 of the Health and Safety Code is
amended to read:
      CHAPTER 12.5.  FARM STANDS  AND URBAN AGRICULTURAL
PRODUCTION 


  SEC. 3.  Section 114376 is added to the Health and Safety Code, to
read:
   114376.  Unless a local jurisdiction adopts an ordinance
regulating urban agricultural production that prohibits the activity,
an urban producer may sell or provide whole uncut fruits or
vegetables, or unrefrigerated shell eggs, directly to the public or
to a permitted restaurant if the urban producer meets both of the
following requirements:
   (a) Produce shall be grown or produced in compliance with
subdivision (b) of Section 113735.
   (b) Produce shall be labeled with the name and address of the
urban producer.
  SEC. 4.  Section 114376.5 is added to the Health and Safety Code,
to read:
   114376.5.  An enforcement officer, as defined in Section 113774,
may enter into and inspect the operations of an urban producer in
response to a food safety recall or food safety complaint. The
enforcement officer may recover reasonable costs associated with that
inspection from the urban producer.
  SEC. 5.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution for
certain costs that may be incurred by a local agency or school
district because, in that regard, 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.
   However, if the Commission on State Mandates determines that this
act contains other costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division 4 of
Title 2 of the Government Code.