Amended in Senate June 9, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 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 amended, 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. begin insert Existing law authorizes a local city or county health enforcement office to require a community food producer or gleaner to register with the city or county to provide specified information. end insert A violation of the code is a crime.

This bill would begin insert remove the local ordinance prohibition exception, and would end insert 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. begin insert The bill would provide that a local city or county health enforcement office may only require, unless otherwise authorized by a local ordinance adopted by a local jurisdiction, a community food producer or gleaner to register with the city or county and to provide specified information if the community food producer or gleaner does not meet any of the specified conditions. end insert 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 114376 of the Health and Safety Code
is amended to read:

114376.  

(a)  begin delete Unless a local jurisdiction adopts an ordinance
regulating community food production or agricultural production
that prohibits the activity, a end delete begin insert A end insert 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 food
facility, or a cottage food operation if the community food producer
begin insert or gleaner end insert meets all of the following begin delete requirements in addition to
any requirements imposed by an ordinance adopted by a local
jurisdiction: end delete begin insert requirements: end insert

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

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

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

(4) Best management practices, as described by the Department
of Food and Agriculture, regarding small farm food safety
guidelines on, but not limited to, safe production, processing, and
handling of both nonpotentially hazardous and potentially
hazardous foods.

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

(b)  begin delete A end delete begin insert Unless otherwise authorized by a local ordinance adopted
by a local jurisdiction, a end insert local city or county health enforcement
office may begin insert only end insert require a community food producer or gleaner to
register with the city or county and to provide specified
information, including, but not limited to, the name, address, and
telephone number of the community food producer or begin delete gleaner. end delete
begin insert gleaner if the community food producer or gleaner does not meet
any of the following conditions: end insert

begin insert

(1) Produce is sold on the premises controlled by the community
food producer pursuant to paragraph (6) of subdivision (c) of
Section 113789.

end insert begin insert

(2) Produce is donated to a food bank or food kitchen that is
registered or permitted by a federal, state, or local health agency.

end insert begin insert

(3) Produce is sold in a food facility permitted by a federal,
state, or local health agency.

end insert

SEC. 2.  

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.