BILL ANALYSIS �
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|SENATE RULES COMMITTEE | SB 170|
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CONSENT
Bill No: SB 170
Author: Wolk (D)
Amended: 4/8/13
Vote: 21
SENATE HEALTH COMMITTEE : 9-0, 4/3/13
AYES: Hernandez, Anderson, Beall, De Le�n, DeSaulnier, Monning,
Nielsen, Pavley, Wolk
SENATE NATURAL RESOURCES AND WATER COMM. : 9-0, 4/23/13
AYES: Pavley, Cannella, Evans, Fuller, Hueso, Jackson, Lara,
Monning, Wolk
SUBJECT : Bale Grist Mill State Historic Park
SOURCE : Napa County Regional Park and Open Space District
Napa Valley State Parks Association
DIGEST : This bill exempts from the requirements to register
as a food processing facility, and to obtain a permit as a
retail food facility, a historic water-driven grist mill in
order to allow grain to be milled, packaged and sold at the mill
without having to meet the requirements of a food processing
facility or a retail food facility.
ANALYSIS :
Existing law:
1. Prohibits any person from engaging in the manufacture,
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packing, or holding of any processed food unless the person
has a valid registration as a food processing facility from
the Department of Public Health (DPH).
2. Exempts from the food processing facility registration
requirements any person whose manufacturing, packing, or
holding of processed food is limited solely to temporarily
holding processed foods for up to seven days for further
transport if the foods are not potentially hazardous foods,
or to any person whose manufacturing, packing, or holding of
processed food is limited solely to certain activities that
are authorized under other specified permits and licenses.
3. Prohibits any food facility from being open for business
without a valid permit from DPH or the local health agency
having jurisdiction over the food facility.
4. Defines "food facility" as an operation that stores,
prepares, packages, serves, vends, or otherwise provides food
for human consumption at the retail level.
5. Establishes various requirements that food facilities must
meet, including requiring that the interior floor, sides, and
top of the food holding area to be constructed of a smooth,
washable, impervious material capable of withstanding
frequent cleaning.
6. Exempts from the definition of "food facility" certain
specified entities, including premises operated by a producer
that sells only whole produce grown by the producer, provided
the sales are conducted on premises controlled by the
producer.
This bill:
1. Exempts from the requirement to register as a food processing
facility the milling, packaging, and selling of grain
produced and sold at a water-driven grist mill on the
National Register of Historic Places, provided best
management practices are followed for the processing and
handling of the product, the flour is identified as being
produced in a historic mill using traditional methods, and
the product meets federal food adulteration purity standards.
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2. Exempts from the definition of food facility, for purposes of
law requiring food facilities to obtain a permit from DPH or
the local health agency having jurisdiction over the food
facility, 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.
Comments
The author's office states that in 2011, as part of its efforts
to cut state expenditures, the Bale Grist Mill and 69 other
state parks were selected for closure. The Napa County Regional
Park and Open Space District, in partnership with the Napa
Valley State Parks Association, is working to keep the mill open
to the public. Currently, flour milled at the park is available
as a "commemorative item" and donations are requested.
According to the sponsors, donations for commemorative flour in
2012 contributed about 19% of revenues at the grist mill. In
this instance, revenues will go to the park operator, but are
required to be used to support park operations.
Bale Grist Mill State Historic Park . The Bale Grist Mill State
Historic Park is located near St. Helena in Napa County.
According to its Web site, the water-powered mill was built in
1846. Both the mill and its 36-foot water wheel are protected
as a state historic landmark and have been partially restored.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No Local:
No
SUPPORT : (Verified 4/23/13)
Napa County Regional Park and Open Space District (co-source)
Napa Valley State Parks Association (co-source)
AFSCME, AFL-CIO
California State Parks Foundation
City of Napa
Napa County Board of Supervisors
ARGUMENTS IN SUPPORT : The Napa County Board of Supervisors
(Napa County) writes in support that the Bale Grist Mill is one
of only two remaining water-driven mills west of the Mississippi
River. Napa County states that the mill currently sells flour
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produced at the mill, but it must be labeled as not fit for
human consumption because the mill is not registered as either a
retail food facility or a food processing facility. Napa County
cannot meet the standards for a retail food facility or a food
processing facility because the physical historic construction
of the mill makes it impossible to comply with current codes.
For example, wood floors are not allowed, the porous grinding
stone is not allowed, and contact between grain/flour and the
wood in the grain chutes and flour bins is not allowed. Napa
County supports this bill to allow the Bale Grist Mill to be
financially viable and not dependent on state subsidies.
This bill is also supported by the American Federation of State,
County and Municipal Employees (AFSCME), AFL-CIO, which states
that this bill addresses the Bale Grist Mill State Historic
Park's unique situation. AFSCME states that this bill is a
simple, safe solution that will prevent the closure of yet
another one of California's historic sites.
JL:d 4/23/13 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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