BILL ANALYSIS �
SB 170
Page 1
Date of Hearing: July 2, 2013
ASSEMBLY COMMITTEE ON WATER, PARKS AND WILDLIFE
Anthony Rendon, Chair
SB 170 (Wolk) - As Amended: April 8, 2013
SENATE VOTE : 37-0
SUBJECT : Bale Grist Mill State Historic Park
SUMMARY : Exempts grain milled and sold at the Bale Grist Mill
State Historic Park from registration and other requirements
applicable to retail food facilities if certain conditions are
met. Specifically, this bill :
1)Exempts the milling, packaging, and selling of grain produced
and sold at a water-driven grist mill on the National register
of Historic Places from the requirement to register with the
State Department of Public Health, provided best management
practices suitable for a historic water-driven grist mill are
followed for the processing and handling of the product, the
flour is identified as being produced at a historic mill using
traditional methods, and the product meets federal food
adulteration purity standards.
2)Excludes a water-driven grist mill on the National Register of
Historic Places that has onsite sales of grain milled at the
facility from the definition of a retail food facility.
EXISTING LAW :
1)Prohibits the manufacture, packing or holding of processed
food without a valid registration from the Department of
Public Health.
2)Provides for the regulation of health and sanitation standards
for retail food facilities by the Department of Public Health,
and enforced through local health agencies. Defines a retail
food facility as an operation that stores, prepares, packages,
serves, vends, or otherwise provides food for human
consumption at the retail level, with specified exceptions.
3)Establishes the state park system, consisting of 280 units,
one of which is the Bale Grist Mill State Historic Park
located in Napa County. The Bale Grist Mill State Historic
SB 170
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Park is also listed on the National Register of Historic
Places.
FISCAL EFFECT : None; non-fiscal.
COMMENTS : The purpose of this bill is to enable the Bale Grist
Mill State Historic Park to sell flour produced onsite by
granting a narrow exemption from existing registration
requirements for processed food and excluding the mill from the
definition of a food retail facility. The Bale Grist Mill is a
historic water-driven mill that predates California's statehood
and is one of only two remaining water-wheel mills west of the
Mississippi River. Under current law, grain that is milled at
the facility must be labeled unfit for human consumption prior
to being sold because it comes into contact with a wooden chute
and the grinding stone during the milling process, despite the
facility being clean and properly maintained. The historic
status and construction of the mill prevents it from being
altered to comply with state standards for a modern food
processing or retail food facility. However, all grain milled
at the facility does meet federal food adulteration standards
for cleanliness and public safety.
Originally selected for closure along with 69 other state parks,
Bale Grist Mill is now operated through a partnership between
Napa County Regional Park and Open Space District and the Napa
Valley State Parks Association. Allowing milled flour to be
sold for human consumption will help to generate revenues to
assist in maintaining the park and preserving this unique
facility for future visitors. This endeavor is also arguably
consistent with and a good example of the Legislature's
encouragement to DPR and its partners to be creative and
entrepreneurial in developing ways to enhance park revenues
while preserving the unique natural and historical character of
the parks.
The author notes also that AB 1616 (Gatto) of last session
provided similar small business exemptions from state retail
food facility requirements for certain types of cottage food
operations.
Support Arguments : Supporters note this bill will make it
possible for flour and corn meal produced by the water-driven
grist mill at Bale Grist Mill State Historic Park to be sold for
human consumption while still meeting federal food standards.
SB 170
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Both this park and the nearby Bothe-Napa Valley State Park are
being operated under a local government operating agreement with
DPR. For the district to be successful in operating the parks,
they need to make the two parks economically self-sufficient.
One potential source of income is to sell the grain products
that are milled as part of the public demonstrations held every
weekend. Supporters note this bill will make it possible to
keep the park open and continue educating the public about early
pioneer life. This bill also will assist these parks in
becoming more financially self-sufficient, which will assist the
state in keeping parks open to the public.
REGISTERED SUPPORT / OPPOSITION :
Support
American Federation of State, County and Municipal Employees
(AFSCME), AFL-CIO
California State Parks Foundation
Napa County Regional Park and Open Space District (sponsor)
Napa County Board of Supervisors
Napa Valley State Parks Association
Opposition
None on file.
Analysis Prepared by : Diane Colborn / W., P. & W. / (916)
319-2096