AB 1990,
as amended, Gordon. begin deleteUrban agricultural end deletebegin insertCommunity food end insertproduction.
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,begin delete an urban producer,end deletebegin insert a community food producer or a gleaner,end insert 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 thebegin delete urbanend deletebegin insert community foodend insert producer meets specified requirements, including that the produce is labeled with the name and address of thebegin delete urbanend deletebegin insert community foodend insert producer. The bill would also authorize an enforcement officer to enter into and inspect the operations ofbegin delete an urbanend deletebegin insert a community foodend insert producer in response to a food safety recall or food safety complaint.begin insert
The bill would authorize an enforcement officer to issue a cease and desist order for violations of these provisions, which would prohibit the community food producer from further sales until the operations of the community food producer are reinspected and cleared by the enforcement officer’s agency.end insert The bill would also authorize the enforcement officer to recover reasonable costs associated withbegin delete thatend deletebegin insert anend insert inspection from thebegin delete urbanend deletebegin insert community foodend insert 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:
Sectionbegin delete 113932.5end deletebegin insert 113752end insert is added to the Health
2and Safety Code, to read:
“Urban
begin insert“Community foodend insert producer” means a producerbegin insert of
5agricultural productsend insert on land that isbegin insert not zoned for agricultural
6use but is otherwiseend insert in compliance with applicable local land use
7and zoning restrictions, including, but not limited to, restrictions
8governingbegin insert personal gardens, end insert community gardens, school
gardens,
9and culinarybegin delete gardens, without regard to whether the land is zoned begin insert gardens.end insert
10for agricultural use.end delete
begin insertSection 113789 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
12amended to read:end insert
(a) “Food facility” means an operation that stores,
14prepares, packages, serves, vends, or otherwise provides food for
15human consumption at the retail level, including, but not limited
16to, the following:
P3 1(1) An operation where food is consumed on or off the premises,
2regardless of whether there is a charge for the food.
3(2) Any place used in conjunction with the operations described
4in this subdivision, including, but not limited to, storage facilities
5for food-related utensils, equipment, and materials.
6(b) “Food facility” includes permanent and nonpermanent food
7facilities, including, but not limited to, the following:
8(1) Public and private school cafeterias.
9(2) Restricted food service facilities.
10(3) Licensed health care facilities, except as provided in
11paragraph (13) of subdivision (c).
12(4) Commissaries.
13(5) Mobile food facilities.
14(6) Mobile support units.
15(7) Temporary food facilities.
16(8) Vending machines.
17(9) Certified farmers’ markets, for purposes of permitting and
18enforcement pursuant to Section 114370.
19(10) Farm stands, for purposes of permitting and enforcement
20pursuant to Section 114375.
21(c) “Food facility” does not include any of the following:
22(1) A cooperative arrangement wherein no permanent facilities
23are used for storing or handling food.
24(2) A private home, including a cottage food operation that is
25registered or has a permit pursuant to Section 114365.
26(3) A church, private club, or other nonprofit association that
27gives or sells food to its members and guests, and not to the general
28public, at an event that occurs not more than three days in any
2990-day period.
30(4) A for-profit entity that gives or sells food at an
event that
31occurs not more than three days in a 90-day period for the benefit
32of a nonprofit association, if the for-profit entity receives no
33monetary benefit, other than that resulting from recognition from
34participating in an event.
35(5) Premises set aside for wine tasting, as that term is used in
36Section 23356.1 of the Business and Professions Code and in the
37regulations adopted pursuant to that section, that comply with
38Section 118375, regardless of whether there is a charge for the
39wine tasting, if no other beverage, except for bottles of wine and
40prepackaged nonpotentially hazardous beverages, is offered for
P4 1sale for onsite consumption and no food, except for crackers, is
2served.
3(6) Premises operated by a producer, selling or offering for sale
4only whole produce grown by the producer, or shell eggs, or both,
5provided the sales are conducted on premises controlled by the
6
producer.
7(7) A commercial food processing plant as defined in Section
8111955.
9(8) A child day care facility, as defined in Section 1596.750.
10(9) A community care facility, as defined in Section 1502.
11(10) A residential care facility for the elderly, as defined in
12Section 1569.2.
13(11) A residential care facility for the chronically ill, which has
14the same meaning as a residential care facility, as defined in Section
151568.01.
16(12) Premises set aside by a beer manufacturer, as defined in
17Section 25000.2 of the Business and Professions Code, that comply
18 with Section 118375, for the purposes of beer tasting, regardless
19of whether
there is a charge for the beer tasting, if no other
20beverage, except for beer and prepackaged nonpotentially
21hazardous beverages, is offered for sale for onsite consumption,
22and no food, except for crackers or pretzels, is served.
23(13) (A) An intermediate care facility for the developmentally
24disabled, as defined in subdivisions (e), (h), and (m) of Section
251250, with a capacity of six beds or fewer.
26(B) A facility described in subparagraph (A) shall report any
27foodborne illness or outbreak to the local health department and
28to the State Department of Public Health within 24 hours of the
29illness or outbreak.
30(14) A community food producer, as defined in Section 113752.
end insert
begin insertSection 113796 is added to the end insertbegin insertHealth and Safety Codeend insertbegin insert,
32to read:end insert
“Gleaner” means a person who legally gathers
34remnants of an agricultural crop or harvests part of, or all of, an
35agricultural crop made available by the owner of the agricultural
36crop.
The heading of Chapter 12.5 (commencing with Section
39114375) of Part 7 of Division 104 of the Health and Safety Code
40 is amended to read:
Section 114376 is added to the Health and Safety Code,
6to read:
Unless a local jurisdiction adopts an ordinance
8regulatingbegin delete urban agriculturalend deletebegin insert community food production or
9agriculturalend insert production that prohibits the activity,begin delete an urbanend deletebegin insert a
10community foodend insert producerbegin insert or gleanerend insert may sell or provide whole
11uncut fruits or vegetables, or unrefrigerated shell eggs, directly to
12the publicbegin delete orend deletebegin insert,end insert
to a permitted restaurantbegin insert, or a cottage food operationend insert
13 if thebegin delete urbanend deletebegin insert community foodend insert producer meetsbegin delete bothend deletebegin insert allend insert of the
14following requirements:
15(a) begin deleteProduce end deletebegin insertAgricultural products end insertshall be grown or produced
16in compliance with subdivision (b) of Section 113735.
17(b) begin deleteProduce end deletebegin insertAgricultural products end insertshall be labeled with the
18name and address of thebegin delete urbanend deletebegin insert community foodend insert producer.
19(c) Conspicuous signage shall be provided in lieu of a product
20label if the agricultural product is being sold by the community
21food producer on the site of production.
Section 114376.5 is added to the Health and Safety
24Code, to read:
begin insert(a)end insertbegin insert end insert An enforcement officer, as defined in Section
26113774, may enter into and inspect the operations ofbegin delete an urbanend deletebegin insert a
27community food end insert producer in response to a food safety recall or
28food safety complaint. The enforcement officer may recover
29reasonable costs associated withbegin delete thatend deletebegin insert
anend insert inspection from thebegin delete urbanend delete
30begin insert
community foodend insert producer.
31(b) (1) An enforcement offer may issue a community food
32producer a cease and desist order for violations of Section 114376,
33upon which the community food producer shall be prohibited from
34further sales until the operations of the community food producer
35have been reinspected and cleared by the enforcement officer’s
36agency.
37(2) At any time within 15 calendar days after issuance of the
38cease and desist order, the community food producer may request
39in writing a hearing before a hearing officer to show cause why
40the prohibition of further sales is not warranted. The hearing shall
P6 1be held within 15 calendar days
of the receipt of a request for a
2hearing. A failure to request a hearing within 15 calendar days
3shall be deemed a waiver of the right to a hearing.
4(c) Violations of Section 114376 shall be subject to the penalties
5specified in Section 114395.
No reimbursement is required by this act pursuant to
8Section 6 of Article XIII B of the California Constitution for certain
9costs that may be incurred by a local agency or school district
10because, in that regard, this act creates a new crime or infraction,
11eliminates a crime or infraction, or changes the penalty for a crime
12or infraction, within the meaning of Section 17556 of the
13Government Code, or changes the definition of a crime within the
14meaning of Section 6 of Article XIII B of the California
15Constitution.
16However, if the Commission on State Mandates determines that
17this act contains other costs mandated by the state, reimbursement
18to local agencies and school districts for those costs shall be made
19pursuant to Part 7 (commencing with Section 17500) of Division
204 of Title 2 of the Government Code.
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