Amended in Assembly June 26, 2014

Amended in Assembly June 19, 2014

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 Sections 113789 and 114289 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 limit the food display area in these facilities to 25 square feet and would make these facilities 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:

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 for crackers, pretzels, or prepackaged food
2that is not potentially hazardous food is offered for onsite
3consumption.

4(13) (A) An intermediate care facility for the developmentally
5disabled, as defined in subdivisions (e), (h), and (m) of Section
61250, with a capacity of six beds or fewer.

7(B) A facility described in subparagraph (A) shall report any
8foodborne illness or outbreak to the local health department and
9to the State Department of Public Health within 24 hours of the
10illness or outbreak.

11

SEC. 2.  

Section 114289 of the Health and Safety Code is
12amended to read:

13

114289.  

(a) Notwithstanding any law to the contrary, a
14permanent food facility that has less than 300 square feet of display
15area and that sells only prepackaged food that is not potentially
16hazardous food shall be exempt from the requirements of this part
17except as set forth in subdivision (c).

18(b) Notwithstanding any law to the contrary, a premises set
19aside by a beer manufacturer, as defined in Section 25000.2 of the
20Business and Professions Code, that complies with Section 118375,
21for the purposes of beer tasting, regardless of whether there is a
22charge for the beer tasting, if no other beverage, except for beer
23and prepackaged nonpotentially hazardous beverages, is offered
24for sale for onsite consumption, andbegin delete no food, except for crackers,
25pretzels, orend delete
prepackaged food that is not potentially hazardous
26food is offered for onsite consumption shall be subject to the
27requirements set forth in paragraph (1) of subdivision (c). These
28facilities shall not have a food display area greater than 25 square
29feet.

30(c) (1) A facility or premises with a food display area of 25
31square feet or less shall comply with all of the following:

32(A) Sections 113980, 114047, 114049, 114390, 114393, 114395,
33114397, and 114399.

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

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

36(2) A facility or premises with a food display area greater than
3725 square feet, but less than 300 square feet, shall comply with all
38of the following:

P5    1(A) Sections 113980, 114047, 114049, 114250, 114266, 114381,
2114387, 114390, 114393, 114395, 114397, 114399, 114405,
3114407, 114409, 114411, and 114413.

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

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

6

SEC. 3.  

No reimbursement is required by this act pursuant to
7Section 6 of Article XIII B of the California Constitution because
8the only costs that may be incurred by a local agency or school
9district will be incurred because this act creates a new crime or
10infraction, eliminates a crime or infraction, or changes the penalty
11for a crime or infraction, within the meaning of Section 17556 of
12the Government Code, or changes the definition of a crime within
13the meaning of Section 6 of Article XIII B of the California
14Constitution.



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