California Legislature—2015–16 Regular Session

Assembly Bill No. 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:

SECTION 1.  

Section 113789 of the Health and Safety Code,
as amended by Section 1.2 of Chapter 927 of the Statutes of 2014,
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 begin insert , or premises
set aside by a beer manufacturer, as defined in Section 25000.2
of the Business and Professions Code, end insert and in the regulations
adopted pursuant to begin delete that section, end delete begin insert those sections, end insert that comply with
Section 118375, regardless of whether there is a charge for the
wine begin insert or beer end insert tasting, if no other beverage, except for bottles of
wine begin insert or beer end insert and prepackaged nonpotentially hazardous beverages,
is offered for sale for onsite consumption and no food, except for
crackers, begin insert pretzels, or prepackaged food that is not potentially
hazardous food end insert is begin delete served. end delete begin insert offered for onsite consumption. end insert

(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 establishment 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.

begin delete

(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.

end delete begin delete

(13)

end delete

begin insert (12) end insert  (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 delete

(14)

end delete

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

SEC. 2.  

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

114289.  

(a) Notwithstanding any 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 (c).

(b) Notwithstanding any law to the contrary, a premises set
aside begin insert for wine tasting, as that term is defined in Section 23356.1
of the Business and Professions Code, or a premises set aside end insert 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 begin insert wine or end insert beer tasting, regardless of whether there is a
charge for the begin insert wine or end insert beer tasting, if no other beverage, except
for begin insert bottles of wine or end insert beer and prepackaged nonpotentially
hazardous beverages, is offered for sale for onsite consumption,
and begin insert crackers, pretzels, or end insert 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.

(c) (1) A facility or premises 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 permanent food facility 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).

SEC. 3.  

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.