California Legislature—2015–16 Regular Session

Assembly BillNo. 234


Introduced by Assembly Member Gordon

February 4, 2015


An act to amend Section 114376 of the Health and Safety Code, relating to food.

LEGISLATIVE COUNSEL’S DIGEST

AB 234, as introduced, Gordon. Food: sale.

Existing law, the California Retail Food Code, establishes uniform health and sanitation standards for retail food facilities and provides for the enforcement of those standards by local health agencies and by the State Department of Public Health, as specified. Under existing law, unless a local jurisdiction adopts an ordinance prohibiting the activity, a community food producer or gleaner may sell or provide whole uncut fruits or vegetables, or unrefrigerated shell eggs, directly to the public, to a permitted restaurant, or a cottage food operation if the community food producer meets specified requirements. A violation of the code is a crime.

This bill would authorize a community food producer or gleaner to sell or provide whole uncut fruits or vegetables, or unrefrigerated shell eggs, directly to a permitted food facility. 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:

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SECTION 1.  

Section 114376 of the Health and Safety Code
2 is amended to read:

3

114376.  

(a) Unless a local jurisdiction adopts an ordinance
4regulating community food production or agricultural production
5that prohibits the activity, a community food producer or gleaner
6may sell or provide whole uncut fruits or vegetables, or
7unrefrigerated shell eggs, directly to the public, to a permitted
8begin delete restaurant,end deletebegin insert food facility,end insert or a cottage food operation if the
9community food producer meets all of the following requirements
10in addition to any requirements imposed by an ordinance adopted
11by a local jurisdiction:

12(1) Agricultural products shall be grown or produced in
13 compliance with subdivision (b) of Section 113735.

14(2) Agricultural products shall be labeled with the name and
15address of the community food producer.

16(3) Conspicuous signage shall be provided in lieu of a product
17label if the agricultural product is being sold by the community
18food producer on the site of production. The signage shall include,
19but not be limited to, the name and address of the community food
20producer.

21(4) Best management practicesbegin insert,end insert as described by the Department
22of Food and Agriculturebegin insert,end insert regarding small farm food safety
23guidelines on, but not limited to, safe production, processing, and
24 handling of both nonpotentially hazardous and potentially
25hazardous foods.

26(5) Egg production shall be limited to 15 dozen eggs per month.

27(b) A local city or county health enforcement office may require
28a community food producer or gleaner to register with the city or
29county and to provide specified information, including, but not
30limited to, the name, address, and telephone number of the
31community food producer or gleaner.

32

SEC. 2.  

No reimbursement is required by this act pursuant to
33Section 6 of Article XIII B of the California Constitution because
34the only costs that may be incurred by a local agency or school
35district will be incurred because this act creates a new crime or
P3    1infraction, eliminates a crime or infraction, or changes the penalty
2for a crime or infraction, within the meaning of Section 17556 of
3the Government Code, or changes the definition of a crime within
4the meaning of Section 6 of Article XIII B of the California
5Constitution.



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