Amended in Senate June 16, 2014

Amended in Assembly May 15, 2014

Amended in Assembly April 22, 2014

Amended in Assembly April 2, 2014

California Legislature—2013–14 Regular Session

Assembly BillNo. 1990


Introduced by Assembly Member Gordon

(Coauthor: Assembly Member Gatto)

February 20, 2014


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

LEGISLATIVE COUNSEL’S DIGEST

AB 1990, as amended, Gordon. Community food 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, a community food producer or a gleaner, 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 community food producer meets specified requirements, including that the produce is labeled with the name and address of the community food producerbegin insert and that egg production is limited to 15 dozen eggs per monthend insert. The bill would authorize a city or county health enforcement office to require a community food producer to register with the city or county and to provide specified information, including, but not limited to, the name, address, and telephone number of the community food producer. The bill would also authorize an enforcement officer to enter into and inspect the operations of a community food producer in response to a food safety recall or food safety complaint. 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. The bill would also authorize the enforcement officer to recover reasonable costs associated with an inspection from the community food 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:

P2    1

SECTION 1.  

Section 113752 is added to the Health and Safety
2Code
, to read:

3

113752.  

“Community food producer” means a producer of
4agricultural products on land that is not zoned for agricultural use
5but is otherwise in compliance with applicable local land use and
6zoning restrictions, including, but not limited to, restrictions
7governing personal gardens, community gardens, school gardens,
8and culinary gardens.

P3    1

SEC. 2.  

Section 113789 of the Health and Safety Code is
2amended to read:

3

113789.  

(a) “Food facility” means an operation that stores,
4prepares, packages, serves, vends, or otherwise provides food for
5human consumption at the retail level, including, but not limited
6to, the following:

7(1) An operation where food is consumed on or off the premises,
8regardless of whether there is a charge for the food.

9(2) Any place used in conjunction with the operations described
10in this subdivision, including, but not limited to, storage facilities
11for food-related utensils, equipment, and materials.

12(b) “Food facility” includes permanent and nonpermanent food
13facilities, including, but not limited to, the following:

14(1) Public and private school cafeterias.

15(2) Restricted food service facilities.

16(3) Licensed health care facilities, except as provided in
17paragraph (13) of subdivision (c).

18(4) Commissaries.

19(5) Mobile food facilities.

20(6) Mobile support units.

21(7) Temporary food facilities.

22(8) Vending machines.

23(9) Certified farmers’ markets, for purposes of permitting and
24enforcement pursuant to Section 114370.

25(10) Farm stands, for purposes of permitting and enforcement
26pursuant to Section 114375.

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

28(1) A cooperative arrangement wherein no permanent facilities
29are used for storing or handling food.

30(2) A private home, including a cottage food operation that is
31registered or has a permit pursuant to Section 114365.

32(3) A church, private club, or other nonprofit association that
33gives or sells food to its members and guests, and not to the general
34public, at an event that occurs not more than three days in any
3590-day period.

36(4) A for-profit entity that gives or sells food at an event that
37occurs not more than three days in a 90-day period for the benefit
38of a nonprofit association, if the for-profit entity receives no
39monetary benefit, other than that resulting from recognition from
40participating in an event.

P4    1(5) Premises set aside for wine tasting, as that term is used in
2Section 23356.1 of the Business and Professions Code and in the
3regulations adopted pursuant to that section, that comply with
4Section 118375, regardless of whether there is a charge for the
5wine tasting, if no other beverage, except for bottles of wine and
6prepackaged nonpotentially hazardous beverages, is offered for
7sale for onsite consumption and no food, except for crackers, is
8served.

9(6) Premises operated by a producer, selling or offering for sale
10only whole produce grown by the producerbegin delete,end delete or shell eggs, or both,
11provided the sales are conducted on premises controlled by the
12 producer.

13(7) A commercial food processingbegin delete plantend deletebegin insert establishmentend insert as defined
14in Section 111955.

15(8) A child day care facility, as defined in Section 1596.750.

16(9) A community care facility, as defined in Section 1502.

17(10) A residential care facility for the elderly, as defined in
18Section 1569.2.

19(11) A residential care facility for the chronically ill, which has
20the same meaning as a residential care facility, as defined in Section
211568.01.

22(12) Premises set aside by a beer manufacturer, as defined in
23Section 25000.2 of the Business and Professions Code, that comply
24with Section 118375, for the purposes of beer tasting, regardless
25of whether there is a charge for the beer tasting, if no other
26beverage, except for beer and prepackaged nonpotentially
27hazardous beverages, is offered for sale for onsite consumption,
28and no food, except for crackers or pretzels, is served.

29(13) (A) An intermediate care facility for the developmentally
30disabled, as defined in subdivisions (e), (h), and (m) of Section
311250, with a capacity of six beds or fewer.

32(B) A facility described in subparagraph (A) shall report any
33foodborne illness or outbreak to the local health department and
34to the State Department of Public Health within 24 hours of the
35illness or outbreak.

36(14) A community food producer, as defined in Section 113752.

37

SEC. 3.  

Section 113796 is added to the Health and Safety Code,
38to read:

39

113796.  

“Gleaner” means a person who legally gathers
40remnants of an agricultural crop or harvests part of, or all of, an
P5    1agricultural crop made available by the owner of the agricultural
2crop.

3

SEC. 4.  

The heading of Chapter 12.5 (commencing with
4Section 114375) of Part 7 of Division 104 of the Health and Safety
5Code
is amended to read:

6 

7Chapter  12.5. Farm Stands and Community Food
8Production
9

 

10

SEC. 5.  

Section 114376 is added to the Health and Safety Code,
11to read:

12

114376.  

(a) Unless a local jurisdiction adopts an ordinance
13regulating community food production or agricultural production
14that prohibits the activity, a community food producer or gleaner
15may sell or provide whole uncut fruits or vegetables, or
16unrefrigerated shell eggs, directly to the public, to a permitted
17restaurant, or a cottage food operation if the community food
18producer meets all of the following requirementsbegin insert in addition to
19any requirements imposed by an ordinance adopted by a local
20jurisdictionend insert
:

21(1) Agricultural products shall be grown or produced in
22compliance with subdivision (b) of Section 113735.

23(2) Agricultural products shall be labeled with the name and
24address of the community food producer.

25(3) Conspicuous signage shall be provided in lieu of a product
26label if the agricultural product is being sold by the community
27food producer on the site of production. The signage shall include,
28but not be limited to, the name and address of the community food
29producer.

begin insert

30(4) Best management practices as described by the Department
31of Food and Agriculture regarding small farm food safety
32guidelines on, but not limited to, safe production, processing, and
33handling of both nonpotentially hazardous and potentially
34hazardous foods.

end insert
begin insert

35(5) Egg production shall be limited to 15 dozen eggs per month.

end insert

36(b) A local city or county health enforcement office may require
37a community food producer to register with the city or county and
38to provide specified information, including, but not limited to, the
39name, address, and telephone number of the community food
40producer.

P6    1

SEC. 6.  

Section 114376.5 is added to the Health and Safety
2Code
, to read:

3

114376.5.  

(a) An enforcement officer, as defined in Section
4113774, may enter into and inspect the operations of a community
5food producer in response to a food safety recall or food safety
6complaint. The enforcement officer may recover reasonable costs
7associated with an inspection from the community food producer.

8(b) (1) An enforcement officer may issue a community food
9producer a cease and desist order for violations of Section 114376,
10upon which the community food producer shall be prohibited from
11further sales until the operations of the community food producer
12have been reinspected and cleared by the enforcement officer’s
13agency.

14(2) At any time within 15 calendar days after issuance of the
15cease and desist order, the community food producer may request
16in writing a hearing before a hearing officer to show cause why
17the prohibition of further sales is not warranted. The hearing shall
18be held within 15 calendar days of the receipt of a request for a
19hearing. A failure to request a hearing within 15 calendar days
20shall be deemed a waiver of the right to a hearing.

21(c) Violations of Section 114376 shall be subject to the penalties
22specified in Section 114395.

23

SEC. 7.  

No reimbursement is required by this act pursuant to
24Section 6 of Article XIII B of the California Constitution for certain
25costs that may be incurred by a local agency or school district
26because, in that regard, this act creates a new crime or infraction,
27eliminates a crime or infraction, or changes the penalty for a crime
28or infraction, within the meaning of Section 17556 of the
29Government Code, or changes the definition of a crime within the
30meaning of Section 6 of Article XIII B of the California
31Constitution.

32However, if the Commission on State Mandates determines that
33this act contains other costs mandated by the state, reimbursement
34to local agencies and school districts for those costs shall be made
35pursuant to Part 7 (commencing with Section 17500) of Division
364 of Title 2 of the Government Code.



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