Amended in Assembly April 2, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 1990

Introduced by Assembly Member Gordon

February 20, 2014

An act to begin insert amend Section 113789 of, to end insert amend the heading of Chapter 12.5 (commencing with Section 114375) of Part 7 of Division 104 of, and to add Sections begin delete 113932.5, end delete begin insert 113752, 113796, end insert 114376, and 114376.5 to, the Health and Safety Code, relating to begin delete urban agricultural end delete begin insert community food end insert production.

LEGISLATIVE COUNSEL’S DIGEST

AB 1990, as amended, Gordon. begin delete Urban agricultural end delete begin insert Community food end insert 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, begin delete an urban producer, end delete begin 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 the begin delete urban end delete begin insert community food end insert producer meets specified requirements, including that the produce is labeled with the name and address of the begin delete urban end delete begin insert community food end insert producer. The bill would also authorize an enforcement officer to enter into and inspect the operations of begin delete an urban end delete begin insert a community food end 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 with begin delete that end delete begin insert an end insert inspection from the begin delete urban end delete begin insert community food end 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:

SECTION 1.  

Section begin delete 113932.5 end delete begin insert 113752 end insert is added to the Health
and Safety Code, to read:

begin delete

113932.5.  

“Urban

end delete

begin insert

begin insert 113752. end insert   

end insert

begin insert “Community food end insert producer” means a producer begin insert of
agricultural products end insert on land that is begin insert not zoned for agricultural
use but is otherwise end insert in compliance with applicable local land use
and zoning restrictions, including, but not limited to, restrictions
governing begin insert personal gardens, end insert community gardens, school gardens,
and culinary begin delete gardens, without regard to whether the land is zoned
for agricultural use. end delete begin insert gardens. end insert

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 113789 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

113789.  

(a) “Food facility” means an operation that stores,
prepares, packages, serves, vends, or otherwise provides food for
human consumption at the retail level, including, but not limited
to, the following:

(1) An operation where food is consumed on or off the premises,
regardless of whether there is a charge for the food.

(2) Any place used in conjunction with the operations described
in this subdivision, including, but not limited to, storage facilities
for food-related utensils, equipment, and materials.

(b) “Food facility” includes permanent and nonpermanent food
facilities, including, but not limited to, the following:

(1) Public and private school cafeterias.

(2) Restricted food service facilities.

(3)  Licensed health care facilities, except as provided in
paragraph (13) of subdivision (c).

(4) Commissaries.

(5) Mobile food facilities.

(6) Mobile support units.

(7) Temporary food facilities.

(8) Vending machines.

(9) Certified farmers’ markets, for purposes of permitting and
enforcement pursuant to Section 114370.

(10) Farm stands, for purposes of permitting and enforcement
pursuant to Section 114375.

(c) “Food facility” does not include any of the following:

(1) A cooperative arrangement wherein no permanent facilities
are used for storing or handling food.

(2) A private home, including a cottage food operation that is
registered or has a permit pursuant to Section 114365.

(3) A church, private club, or other nonprofit association that
gives or sells food to its members and guests, and not to the general
public, at an event that occurs not more than three days in any
90-day period.

(4) A for-profit entity that gives or sells food at an event that
occurs not more than three days in a 90-day period for the benefit
of a nonprofit association, if the for-profit entity receives no
monetary benefit, other than that resulting from recognition from
participating in an event.

(5) Premises set aside for wine tasting, as that term is used in
Section 23356.1 of the Business and Professions Code and in the
regulations adopted pursuant to that section, that comply with
Section 118375, regardless of whether there is a charge for the
wine tasting, if no other beverage, except for bottles of wine and
prepackaged nonpotentially hazardous beverages, is offered for
sale for onsite consumption and no food, except for crackers, is
served.

(6) Premises operated by a producer, selling or offering for sale
only whole produce grown by the producer, or shell eggs, or both,
provided the sales are conducted on premises controlled by the
producer.

(7) A commercial food processing plant as defined in Section
111955.

(8) A child day care facility, as defined in Section 1596.750.

(9) A community care facility, as defined in Section 1502.

(10) A residential care facility for the elderly, as defined in
Section 1569.2.

(11) A residential care facility for the chronically ill, which has
the same meaning as a residential care facility, as defined in Section
1568.01.

(12) Premises set aside by a beer manufacturer, as defined in
Section 25000.2 of the Business and Professions Code, that comply
with Section 118375, for the purposes of beer tasting, regardless
of whether there is a charge for the beer tasting, if no other
beverage, except for beer and prepackaged nonpotentially
hazardous beverages, is offered for sale for onsite consumption,
and no food, except for crackers or pretzels, is served.

(13) (A) An intermediate care facility for the developmentally
disabled, as defined in subdivisions (e), (h), and (m) of Section
1250, with a capacity of six beds or fewer.

(B) A facility described in subparagraph (A) shall report any
foodborne illness or outbreak to the local health department and
to the State Department of Public Health within 24 hours of the
illness or outbreak.

begin insert

(14) A community food producer, as defined in Section 113752.

end insert

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 113796 is added to the end insert begin insert Health and Safety Code end insert begin insert ,
to read: end insert

begin insert

begin insert 113796. end insert   

“Gleaner” means a person who legally gathers
remnants of an agricultural crop or harvests part of, or all of, an
agricultural crop made available by the owner of the agricultural
crop.

end insert

begin delete SEC. 2. end delete
begin insert SEC. 4. end insert   

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 begin delete Urban Agricultural end delete
begin insert Community Food end insert Production

 

begin delete SEC. 3. end delete
begin insert SEC. 5. end insert   

Section 114376 is added to the Health and Safety Code,
to read:

114376.  

Unless a local jurisdiction adopts an ordinance
regulating begin delete urban agricultural end delete begin insert community food production or
agricultural end insert production that prohibits the activity, begin delete an urban end delete begin insert a
community food end insert producer begin insert or gleaner end insert may sell or provide whole
uncut fruits or vegetables, or unrefrigerated shell eggs, directly to
the public begin delete or end delete begin insert , end insert to a permitted restaurant begin insert , or a cottage food operation end insert
if the begin delete urban end delete begin insert community food end insert producer meets begin delete both end delete begin insert all end insert of the
following requirements:

(a)  begin delete Produce end delete begin insert Agricultural products end insert shall be grown or produced
in compliance with subdivision (b) of Section 113735.

(b)  begin delete Produce end delete begin insert Agricultural products end insert shall be labeled with the
name and address of the begin delete urban end delete begin insert community food end insert producer.

begin insert

(c) Conspicuous signage shall be provided in lieu of a product
label if the agricultural product is being sold by the community
food producer on the site of production.

end insert

begin delete SEC. 4. end delete
begin insert SEC. 6. end insert   

Section 114376.5 is added to the Health and Safety
Code, to read:

114376.5.  

begin insert (a) end insert begin insert   end insert An enforcement officer, as defined in Section
113774, may enter into and inspect the operations of begin delete an urban end delete begin insert a
community food end insert producer in response to a food safety recall or
food safety complaint. The enforcement officer may recover
reasonable costs associated with begin delete that end delete begin insert an end insert inspection from the begin delete urban end delete
begin insert community food end insert producer.

begin insert

(b) (1) An enforcement offer may issue a community food
producer a cease and desist order for violations of Section 114376,
upon which the community food producer shall be prohibited from
further sales until the operations of the community food producer
have been reinspected and cleared by the enforcement officer’s
agency.

end insert begin insert

(2) At any time within 15 calendar days after issuance of the
cease and desist order, the community food producer may request
in writing a hearing before a hearing officer to show cause why
the prohibition of further sales is not warranted. The hearing shall
be held within 15 calendar days of the receipt of a request for a
hearing. A failure to request a hearing within 15 calendar days
shall be deemed a waiver of the right to a hearing.

end insert begin insert

(c) Violations of Section 114376 shall be subject to the penalties
specified in Section 114395.

end insert

begin delete SEC. 5. end delete
begin insert SEC. 7. end insert   

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.