Amended in Assembly June 19, 2014

Amended in Assembly June 11, 2014

Amended in Senate April 21, 2014

Senate Bill No. 1235

Introduced by Senator Knight

February 20, 2014

An act to amend begin delete Section end delete begin insert Sections end insert 113789 begin insert and 114289 end insert 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. Existing law defines “potentially hazardous food” and “prepackaged food” for these purposes. 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 would additionally 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 prepackaged food that is not potentially hazardous food. The bill would begin insert limit the food display area in these facilities to 25 square feet and would end insert make these begin delete facilities, if prepackaged food that is not potentially hazardous food is offered for sale, end delete begin insert facilities end insert 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.

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 no reimbursement is required by this act for a specified reason.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

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

SECTION 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) 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 plant 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. begin delete If prepackaged food that is not potentially hazardous
food is offered for sale, then these facilities shall comply with the
provisions of Section 114289. end delete

(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.

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 114289 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

114289.  

(a) Notwithstanding any begin delete provision of end delete law to the
contrary, a permanent food facility that has less than 300 square
feet of display area and that sells only prepackaged food that is
not potentially hazardous food shall be exempt from the
requirements of this part except as set forth in subdivision begin delete (b) end delete begin insert (c) end insert .

begin insert

(b) Notwithstanding any law to the contrary, a premises set
aside by a beer manufacturer, as defined in Section 25000.2 of the
Business and Professions Code, that complies 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 shall be subject to the
requirements set forth in paragraph (1) of subdivision (c). These
facilities shall not have a food display area greater than 25 square
feet.

end insert begin delete

(b)

end delete

begin insert (c) end insert  (1) A begin delete permanent food end delete facility begin insert or premises end insert with a food
display area of 25 square feet or less shall comply with all of the
following:

(A) Sections 113980, 114047, 114049, 114390, 114393, 114395,
114397, and 114399.

(B) Chapter 1 (commencing with Section 113700).

(C) Chapter 2 (commencing with Section 113728).

(2) A begin delete permanent food end delete facility begin insert or premises end insert with a food display
area greater than 25 square feet, but less than 300 square feet, shall
comply with all of the following:

(A) Sections 113980, 114047, 114049, 114250, 114266, 114381,
114387, 114390, 114393, 114395, 114397, 114399, 114405,
114407, 114409, 114411, and 114413.

(B) Chapter 1 (commencing with Section 113700).

(C) Chapter 2 (commencing with Section 113728).

begin delete SEC. 2. end delete
begin insert SEC. 3. end insert   

No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because 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.