California Legislature—2015–16 Regular Session

Assembly BillNo. 143


Introduced by Assembly Member Wood

January 12, 2015


An act to amend Sections 113789 and 114289 of the Health and Safety Code, relating to food facilities.

LEGISLATIVE COUNSEL’S DIGEST

AB 143, as introduced, Wood. Food facilities.

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 premises set aside for wine tasting, 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. Existing law prohibits certain premises from having a food display area that exceeds 25 square feet, and subjects certain facilities or premises with a food display area of 25 square feet or less to specified provisions of the code. 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 for wine tasting that offers pretzels or prepackaged nonpotentially hazardous food for onsite consumption. The bill would limit the food display area in premises set aside for wine tasting to 25 square feet and subject those premises to specified provisions of the California Retail Food Code. By expanding the definition of a crime, the 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,
2as amended by Section 1.2 of Chapter 927 of the Statutes of 2014,
3is amended to read:

4

113789.  

(a) “Food facility” means an operation that stores,
5prepares, packages, serves, vends, or otherwise provides food for
6human consumption at the retail level, including, but not limited
7to, the following:

8(1) An operation where food is consumed on or off the premises,
9regardless of whether there is a charge for the food.

10(2) A place used in conjunction with the operations described
11in this subdivision, including, but not limited to, storage facilities
12for food-related utensils, equipment, and materials.

13(b) “Food facility” includes permanent and nonpermanent food
14facilities, including, but not limited to, the following:

15(1) Public and private school cafeterias.

16(2) Restricted food service facilities.

17(3)  Licensed health care facilities, except as provided in
18paragraph (13) of subdivision (c).

19(4) Commissaries.

20(5) Mobile food facilities.

21(6) Mobile support units.

22(7) Temporary food facilities.

23(8) Vending machines.

24(9) Certified farmers’ markets, for purposes of permitting and
25enforcement pursuant to Section 114370.

26(10) Farm stands, for purposes of permitting and enforcement
27pursuant to Section 114375.

28(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 Codebegin insert, or premises
16set aside by a beer manufacturer, as defined in Section 25000.2
17of the Business and Professions Code,end insert
and in the regulations
18adopted pursuant tobegin delete that section,end deletebegin insert those sections,end insert that comply with
19Section 118375, regardless of whether there is a charge for the
20winebegin insert or beerend insert tasting, if no other beverage, except for bottles of
21winebegin insert or beerend insert and prepackaged nonpotentially hazardous beverages,
22is offered for sale for onsite consumption and no food, except for
23crackers,begin insert pretzels, or prepackaged food that is not potentially
24hazardous foodend insert
isbegin delete served.end deletebegin insert offered for onsite consumption.end insert

25(6) Premises operated by a producer, selling or offering for sale
26only whole produce grown by the producer or shell eggs, or both,
27provided the sales are conducted on premises controlled by the
28producer.

29(7) A commercial food processing establishment as defined in
30Section 111955.

31(8) A child day care facility, as defined in Section 1596.750.

32(9) A community care facility, as defined in Section 1502.

33(10) A residential care facility for the elderly, as defined in
34Section 1569.2.

35(11) A residential care facility for the chronically ill, which has
36the same meaning as a residential care facility, as defined in Section
371568.01.

begin delete

38(12) Premises set aside by a beer manufacturer, as defined in
39Section 25000.2 of the Business and Professions Code, that comply
40with Section 118375, for the purposes of beer tasting, regardless
P4    1of whether there is a charge for the beer tasting, if no other
2beverage, except for beer and prepackaged nonpotentially
3hazardous beverages, is offered for sale for onsite consumption,
4and no food, except for crackers, pretzels, or prepackaged food
5that is not potentially hazardous food is offered for onsite
6consumption.

end delete
begin delete

7(13)

end delete

8begin insert(12)end insert (A) An intermediate care facility for the developmentally
9disabled, as defined in subdivisions (e), (h), and (m) of Section
101250, with a capacity of six beds or fewer.

11(B) A facility described in subparagraph (A) shall report any
12foodborne illness or outbreak to the local health department and
13to the State Department of Public Health within 24 hours of the
14illness or outbreak.

begin delete

15(14)

end delete

16begin insert(13)end insert A community food producer, as defined in Section 113752.

17

SEC. 2.  

Section 114289 of the Health and Safety Code, as
18amended by Section 2 of Chapter 927 of the Statutes of 2014, is
19amended to read:

20

114289.  

(a) Notwithstanding any law to the contrary, a
21permanent food facility that has less than 300 square feet of display
22area and that sells only prepackaged food that is not potentially
23hazardous food shall be exempt from the requirements of this part
24except as set forth in subdivision (c).

25(b) Notwithstanding any law to the contrary, a premises set
26asidebegin insert for wine tasting, as that term is defined in Section 23356.1
27of the Business and Professions Code, or a premises set asideend insert
by
28a beer manufacturer, as defined in Section 25000.2 of the Business
29and Professions Code, that complies with Section 118375, for the
30purposes ofbegin insert wine orend insert beer tasting, regardless of whether there is a
31charge for thebegin insert wine orend insert beer tasting, if no other beverage, except
32forbegin insert bottles of wine orend insert beer and prepackaged nonpotentially
33hazardous beverages, is offered for sale for onsite consumption,
34andbegin insert crackers, pretzels, orend insert prepackaged food that is not potentially
35hazardous food is offered for onsite consumption shall be subject
36to the requirements set forth in paragraph (1) of subdivision (c).
37These facilities shall not have a food display area greater than 25
38square feet.

39(c) (1) A facility or premises with a food display area of 25
40square feet or less shall comply with all of the following:

P5    1(A) Sections 113980, 114047, 114049, 114390, 114393, 114395,
2114397, and 114399.

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

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

5(2) A permanent food facility with a food display area greater
6than 25 square feet, but less than 300 square feet, shall comply
7with all of the following:

8(A) Sections 113980, 114047, 114049, 114250, 114266, 114381,
9114387, 114390, 114393, 114395, 114397, 114399, 114405,
10114407, 114409, 114411, and 114413.

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

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

13

SEC. 3.  

No reimbursement is required by this act pursuant to
14Section 6 of Article XIII B of the California Constitution because
15the only costs that may be incurred by a local agency or school
16district will be incurred because this act creates a new crime or
17infraction, eliminates a crime or infraction, or changes the penalty
18for a crime or infraction, within the meaning of Section 17556 of
19the Government Code, or changes the definition of a crime within
20the meaning of Section 6 of Article XIII B of the California
21Constitution.



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