BILL NUMBER: AB 1990 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 21, 2014
PASSED THE ASSEMBLY AUGUST 25, 2014
AMENDED IN SENATE AUGUST 19, 2014
AMENDED IN SENATE JULY 1, 2014
AMENDED IN SENATE JUNE 16, 2014
AMENDED IN ASSEMBLY MAY 15, 2014
AMENDED IN ASSEMBLY APRIL 22, 2014
AMENDED IN ASSEMBLY APRIL 2, 2014
INTRODUCED BY Assembly Member Gordon
(Coauthor: Assembly Member Gatto)
FEBRUARY 20, 2014
An act to amend Section 27643 of the Food and Agricultural Code,
and 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 food production.
LEGISLATIVE COUNSEL'S DIGEST
AB 1990, Gordon. 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 producer and that egg production is limited to 15 dozen eggs per
month. The bill would authorize a city or county health enforcement
office to require a community food producer or gleaner 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 or gleaner. The bill would also
authorize an enforcement officer to enter into and inspect the
operations of a community food producer or gleaner 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 or gleaner from further sales until the operations of
the community food producer or gleaner 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 or gleaner.
Existing law makes it unlawful for an egg handler, as defined, to
hold, store, transport, or display eggs that are packed or graded for
human consumption unless the eggs are held, stored, transported, or
displayed consistent with specified requirements. Existing law
provides that certified farmers' markets, as defined, are not
required to comply with that provision.
This bill would instead provide that direct marketing activities,
including certified farmers' markets, community food producers,
community-supported agriculture, and farm stands, as each of those
terms are defined, are not required to comply with the
above-described provision relating to an egg handler.
This bill would incorporate additional changes to Section 113789
of the Health and Safety Code, proposed by SB 170 and SB 1235, that
would become operative only if this bill and either or both of those
bills are chaptered and become effective January 1, 2015, and this
bill is chaptered last.
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.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 27643 of the Food and Agricultural Code is
amended to read:
27643. (a) It is unlawful for an egg handler, as defined in
Section 27510, to hold, store, transport, or display eggs that are
packed or graded for human consumption unless the eggs are held,
stored, transported, or displayed consistent with both of the
following requirements:
(1) At an average ambient temperature of 45 degrees Fahrenheit, or
lower.
(2) At a temperature equal to or less than the temperature
requirement for holding, storing, transporting, or displaying eggs
established by regulations of the United States Department of
Agriculture in Title 7 of Part 56 of the Code of Federal Regulations
governing the grading of shell eggs.
(b) Retail outlets that are regulated by this chapter, except for
retail outlets located in shell egg packing or distribution
facilities, are exempt from subdivision (a).
(c) Direct marketing activities, including certified farmers'
markets, as defined in Section 113742 of the Health and Safety Code,
community food producers, as defined in Section 113752 of the Health
and Safety Code, community-supported agriculture, as defined in
Section 47060, and farm stands, as defined in Section 47050, are not
required to comply with subdivision (a).
(d) Transport vehicles may exceed the 45 degree Fahrenheit maximum
temperature required pursuant to subdivision (a) when eggs are
either being loaded into the transport vehicle or unloaded from the
transport vehicle. A transport vehicle shall be deemed to be in
compliance with subdivision (a) if the transport vehicle is equipped
and has in operation when eggs are in the transport vehicle a
refrigeration unit delivering air at a temperature of 45 degrees
Fahrenheit or lower.
SEC. 2. Section 113752 is added to the Health and Safety Code, to
read:
113752. "Community food producer" means a producer of
agricultural products on land that is not zoned for agricultural use
but is otherwise in compliance with applicable local land use and
zoning restrictions, including, but not limited to, restrictions
governing personal gardens, community gardens, school gardens, and
culinary gardens.
SEC. 3. Section 113789 of the Health and Safety Code is amended to
read:
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 establishment 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.
(14) A community food producer, as defined in Section 113752.
SEC. 3.1. Section 113789 of the Health and Safety Code is amended
to read:
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 establishment 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.
(14) A community food producer, as defined in Section 113752.
(15) A water-driven grist mill that is on the National Register of
Historic Places and that has onsite sales of grain that is milled at
the facility.
SEC. 3.2. Section 113789 of the Health and Safety Code is amended
to read:
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) A 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 establishment 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, pretzels, or prepackaged food that is not potentially
hazardous food is offered for onsite consumption.
(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.
(14) A community food producer, as defined in Section 113752.
SEC. 3.3. Section 113789 of the Health and Safety Code is amended
to read:
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) A 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 establishment 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, pretzels, or prepackaged food that is not potentially
hazardous food is offered for onsite consumption.
(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.
(14) A community food producer, as defined in Section 113752.
(15) A water-driven grist mill that is on the National Register of
Historic Places and that has onsite sales of grain that is milled at
the facility.
SEC. 4. Section 113796 is added to the Health and Safety Code, to
read:
113796. "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.
SEC. 5. 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 COMMUNITY FOOD PRODUCTION
SEC. 6. Section 114376 is added to the Health and Safety Code, to
read:
114376. (a) Unless a local jurisdiction adopts an ordinance
regulating community food production or agricultural production that
prohibits the activity, a community food producer or gleaner may sell
or provide whole uncut fruits or vegetables, or unrefrigerated shell
eggs, directly to the public, to a permitted restaurant, or a
cottage food operation if the community food producer meets all of
the following requirements in addition to any requirements imposed by
an ordinance adopted by a local jurisdiction:
(1) Agricultural products shall be grown or produced in compliance
with subdivision (b) of Section 113735.
(2) Agricultural products shall be labeled with the name and
address of the community food producer.
(3) 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. The signage shall include, but
not be limited to, the name and address of the community food
producer.
(4) Best management practices as described by the Department of
Food and Agriculture regarding small farm food safety guidelines on,
but not limited to, safe production, processing, and handling of both
nonpotentially hazardous and potentially hazardous foods.
(5) Egg production shall be limited to 15 dozen eggs per month.
(b) A local city or county health enforcement office may require a
community food producer or gleaner 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 or gleaner.
SEC. 7. Section 114376.5 is added to the Health and Safety Code,
to read:
114376.5. (a) An enforcement officer, as defined in Section
113774, may enter into and inspect the operations of a community food
producer or gleaner in response to a food safety recall or food
safety complaint. The enforcement officer may recover reasonable
costs associated with an inspection from the community food producer
or gleaner.
(b) (1) An enforcement officer may issue a community food producer
or gleaner a cease and desist order for violations of Section
114376, upon which the community food producer or gleaner shall be
prohibited from further sales until the operations of the community
food producer or gleaner have been reinspected and cleared by the
enforcement officer's agency.
(2) At any time within 15 calendar days after issuance of the
cease and desist order, the community food producer or gleaner 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.
(c) Violations of Section 114376 shall be subject to the penalties
specified in Section 114395.
SEC. 8. (a) Section 3.1 of this bill incorporates amendments to
Section 113789 of the Health and Safety Code proposed by both this
bill and Senate Bill 170. It shall only become operative if (1) both
bills are enacted and become effective on or before January 1, 2015,
(2) each bill amends Section 113789 of the Health and Safety Code,
and (3) Senate Bill 1235 is not enacted or as enacted does not amend
that section, and (4) this bill is enacted after Senate Bill 170, in
which case Sections 3, 3.2, and 3.3 of this bill shall not become
operative.
(b) Section 3.2 of this bill incorporates amendments to Section
113789 of the Health and Safety Code proposed by both this bill and
Senate Bill 1235. It shall only become operative if (1) both bills
are enacted and become effective on or before January 1, 2015, (2)
each bill amends Section 113789 of the Health and Safety Code, (3)
Senate Bill 170 is not enacted or as enacted does not amend that
section, and (4) this bill is enacted after Senate Bill 1235 in which
case Sections 3, 3.1, and 3.3 of this bill shall not become
operative.
(c) Section 3.3 of this bill incorporates amendments to Section
113789 of the Health and Safety Code proposed by this bill, Senate
Bill 170, and Senate Bill 1235. It shall only become operative if (1)
all three bills are enacted and become effective on or before
January 1, 2015, (2) all three bills amend Section 113789 of the
Health and Safety Code, and (3) this bill is enacted after Senate
Bill 170 and Senate Bill 1235, in which case Sections 3, 3.1, and 3.2
of this bill shall not become operative.
SEC. 9. 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.