Amended in Assembly June 11, 2014

Amended in Senate April 21, 2014

Senate BillNo. 1235


Introduced by Senator Knight

February 20, 2014


An act to amend Section 113789 of the Health and Safety Code, relating to food.

LEGISLATIVE COUNSEL’S DIGEST

SB 1235, as amended, Knight. Prepackaged food.

Existing law, the California Retail Food Code, establishes uniform health and sanitation standards for retail food facilities, as defined. Existing law exempts from the definition of food facility a premises set aside by a beer manufacturer for the purposes of 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 crackers or pretzels, is served.begin insert Existing law defines “potentially hazardous food” and “prepackaged food” for these purposes.end insert Existing law provides that local health agencies are primarily responsible for enforcing these provisions. A person who violates any provision of the code is guilty of a misdemeanor, except as otherwise provided.

This bill wouldbegin insert additionallyend insert exclude from the definition of food facility a premises set aside by a beer manufacturer for the purposes of beer tasting that offers for onsite consumption prepackagedbegin delete chips, pretzels, crackers, nuts, jerky, dried fruit, and energy bars.end deletebegin insert food that is not potentially hazardous food. The bill would make these facilities, if prepackaged food that is not potentially hazardous food is offered for sale, subject to specified provisions of the retail food code. By expanding the definition of a crime, this bill would impose a state-mandated local program.end insert

begin insert

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.

end insert
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This bill would provide that no reimbursement is required by this act for a specified reason.

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Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: begin deleteno end deletebegin insertyesend insert.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Section 113789 of the Health and Safety Code
2 is amended 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) A 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:

P3    1(1) A cooperative arrangement wherein no permanent facilities
2are used for storing or handling food.

3(2) A private home, including a cottage food operation that is
4registered or has a permit pursuant to Section 114365.

5(3) A church, private club, or other nonprofit association that
6gives or sells food to its members and guests, and not to the general
7public, at an event that occurs not more than three days in any
890-day period.

9(4) A for-profit entity that gives or sells food at an event that
10occurs not more than three days in a 90-day period for the benefit
11of a nonprofit association, if the for-profit entity receives no
12monetary benefit, other than that resulting from recognition from
13participating in an event.

14(5) Premises set aside for wine tasting, as that term is used in
15Section 23356.1 of the Business and Professions Code and in the
16regulations adopted pursuant to that section, that comply with
17Section 118375, regardless of whether there is a charge for the
18wine tasting, if no other beverage, except for bottles of wine and
19prepackaged nonpotentially hazardous beverages, is offered for
20sale for onsite consumption and no food, except for crackers, is
21served.

22(6) Premises operated by a producer, selling or offering for sale
23only whole produce grown by the producer, or shell eggs, or both,
24provided the sales are conducted on premises controlled by the
25producer.

26(7) A commercial food processing plant as defined in Section
27111955.

28(8) A child day care facility, as defined in Section 1596.750.

29(9) A community care facility, as defined in Section 1502.

30(10) A residential care facility for the elderly, as defined in
31Section 1569.2.

32(11) A residential care facility for the chronically ill, which has
33the same meaning as a residential care facility, as defined in Section
341568.01.

35(12) Premises set aside by a beer manufacturer, as defined in
36Section 25000.2 of the Business and Professions Code, that comply
37with Section 118375, for the purposes of beer tasting, regardless
38of whether there is a charge for the beer tasting, if no other
39beverage, except for beer and prepackaged nonpotentially
40hazardous beverages, is offered for sale for onsite consumption,
P4    1and no food, except forbegin insert crackers, pretzels, orend insert prepackagedbegin delete chips,
2pretzels, crackers, nuts, jerky, dried fruit, and energy barsend delete
begin insert food
3that is not potentially hazardous foodend insert
is offered for onsite
4consumption.begin insert If prepackaged food that is not potentially hazardous
5food is offered for sale, then these facilities shall comply with the
6provisions of Section 114289.end insert

7(13) (A) An intermediate care facility for the developmentally
8disabled, as defined in subdivisions (e), (h), and (m) of Section
91250, with a capacity of six beds or fewer.

10(B) A facility described in subparagraph (A) shall report any
11foodborne illness or outbreak to the local health department and
12to the State Department of Public Health within 24 hours of the
13illness or outbreak.

14begin insert

begin insertSEC. 2.end insert  

end insert
begin insert

No reimbursement is required by this act pursuant to
15Section 6 of Article XIII B of the California Constitution because
16the only costs that may be incurred by a local agency or school
17district will be incurred because this act creates a new crime or
18infraction, eliminates a crime or infraction, or changes the penalty
19for a crime or infraction, within the meaning of Section 17556 of
20the Government Code, or changes the definition of a crime within
21the meaning of Section 6 of Article XIII B of the California
22Constitution.

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