Amended in Senate September 4, 2015

Amended in Senate June 9, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 234


Introduced by Assembly Member Gordon

February 4, 2015


An act to amendbegin delete Sectionend deletebegin insert Sections 113789 andend insert 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. 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. A violation of the code is a crime.

This bill would remove the local ordinance prohibition exception, and would authorize a community food producerbegin delete or gleanerend delete to sell or provide whole uncut fruits or vegetables, or unrefrigerated shell eggs, directly tobegin insert the public, and authorizeend insert a permitted foodbegin delete facility.end deletebegin insert facility, a cottage food operation, or a gleaner to sell or provide the same food produced by a community food producer directly to the public without registration or to donate the same food produced by a community food producer to a food bank or food kitchen without registration, if specified requirements are met.end insert The bill wouldbegin delete provide thatend deletebegin insert prohibitend insert a local city or county health enforcementbegin delete office may only require,end deletebegin insert office,end insert unless otherwise authorized by a local ordinance adopted by a local jurisdiction,begin insert from requiringend insert a community food producerbegin delete or gleanerend delete to register with the city or countybegin delete and to provide specified informationend deletebegin insert or to meet additional requirementsend insert if the community food producerbegin delete or gleaner does not meetend deletebegin insert meetsend insert any of the specified conditions.begin insert The bill would require a community food producer or gleaner that sells or provides the above-mentioned food directly to the public, and a food bank or food kitchen that receives the same food donated by a community food producer or gleaner, pursuant to these provisions to retain records related to the sale, provision, or donation of food for 30 days, as specified.end insert By expanding the definition of a crime, this bill would impose a state-mandated local program.

begin insert

Existing law exempts from the definition of food facility 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.

end insert
begin insert

This bill would instead exclude from the definition of food facility an outlet or location, including, but not limited to, 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 at an outlet or location controlled by the producer.

end insert
begin insert

This bill would incorporate additional changes to Section 113789 of the Health and Safety Code, proposed by AB 143 and AB 226, that would become operative only if this bill and either or both of those bills are chaptered and become effective January 1, 2016, and this bill is chaptered last.

end insert

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:

P3    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 113789 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
2amended to read:end insert

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:

28(1) A cooperative arrangement wherein no permanent facilities
29are used for storing or handling food.

30(2) A private home, including a cottage food operation that is
31registered or has a permit pursuant to Section 114365.

32(3) A church, private club, or other nonprofit association that
33gives or sells food to its members and guests, and not to the general
34public, at an event that occurs not more than three days in any
3590-day period.

36(4) A for-profit entity that gives or sells food at an event that
37occurs not more than three days in a 90-day period for the benefit
38of a nonprofit association, if the for-profit entity receives no
P4    1monetary benefit, other than that resulting from recognition from
2participating in an event.

3(5) Premises set aside for wine tasting, as that term is used in
4Section 23356.1 of the Business and Professions Code and in the
5regulations adopted pursuant to that section, that comply with
6Section 118375, regardless of whether there is a charge for the
7wine tasting, if no other beverage, except for bottles of wine and
8prepackaged nonpotentially hazardous beverages, is offered for
9sale for onsite consumption and no food, except for crackers, is
10served.

11(6) begin deletePremises end deletebegin insertAn outlet or location, including, but not limited
12to, premises, end insert
operated by a producer, selling or offering for sale
13only whole produce grown by the producer or shell eggs, or both,
14provided the sales are conductedbegin delete on premisesend deletebegin insert at an outlet or
15locationend insert
controlled by the producer.

16(7) A commercial food processing establishment as defined in
17Section 111955.

18(8) A child day care facility, as defined in Section 1596.750.

19(9) A community care facility, as defined in Section 1502.

20(10) A residential care facility for the elderly, as defined in
21Section 1569.2.

22(11) A residential care facility for the chronically ill, which has
23the same meaning as a residential care facility, as defined in Section
241568.01.

25(12) Premises set aside by a beer manufacturer, as defined in
26Section 25000.2 of the Business and Professions Code, that comply
27with Section 118375, for the purposes of beer tasting, regardless
28of whether there is a charge for the beer tasting, if no other
29beverage, except for beer and prepackaged nonpotentially
30hazardous beverages, is offered for sale for onsite consumption,
31and no food, except for crackers, pretzels, or prepackaged food
32that is not potentially hazardous food is offered for onsite
33consumption.

34(13) (A) An intermediate care facility for the developmentally
35disabled, as defined in subdivisions (e), (h), and (m) of Section
36 1250, with a capacity of six beds or fewer.

37(B) A facility described in subparagraph (A) shall report any
38foodborne illness or outbreak to the local health department and
39to the State Department of Public Health within 24 hours of the
40illness or outbreak.

P5    1(14) A community food producer, as defined in Section 113752.

2begin insert

begin insertSEC. 1.1.end insert  

end insert

begin insertSection 113789 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
3amended to read:end insert

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:

29(1) A cooperative arrangement wherein no permanent facilities
30are used for storing or handling food.

31(2) A private home, including a cottage food operation that is
32registered or has a permit pursuant to Section 114365.

33(3) A church, private club, or other nonprofit association that
34gives or sells food to its members and guests, and not to the general
35public, at an event that occurs not more than three days in any
3690-day period.

37(4) A for-profit entity that gives or sells food at an event that
38occurs not more than three days in a 90-day period for the benefit
39of a nonprofit association, if the for-profit entity receives no
P6    1monetary benefit, other than that resulting from recognition from
2participating in an event.

3(5) Premises set aside for wine tasting, as that term is used in
4Section 23356.1 of the Business and Professionsbegin delete Codeend deletebegin insert Code, or
5premises set aside by a beer manufacturer, as defined in Section
625000.2 of the Business and Professions Code,end insert
and in the
7regulations adopted pursuant tobegin delete that section,end deletebegin insert those sections,end insert that
8comply with Section 118375, regardless of whether there is a
9charge for the winebegin insert or beerend insert tasting, if no other beverage, except
10for bottles of winebegin insert or beerend insert and prepackaged nonpotentially
11hazardous beverages, is offered for salebegin insert orend insert for onsite consumption
12and no food, except for crackers,begin delete is served.end deletebegin insert pretzels, or
13prepackaged food that is not potentially hazardous food is offered
14for sale or for onsite consumption.end insert

15(6) begin deletePremises end deletebegin insertAn outlet or location, including, but not limited
16to, premises, end insert
operated by a producer, selling or offering for sale
17only whole produce grown by the producer or shell eggs, or both,
18provided the sales are conductedbegin delete on premisesend deletebegin insert at an outlet or
19locationend insert
controlled by the producer.

20(7) A commercial food processing establishment as defined in
21Section 111955.

22(8) A child day care facility, as defined in Section 1596.750.

23(9) A community care facility, as defined in Section 1502.

24(10) A residential care facility for the elderly, as defined in
25Section 1569.2.

26(11) A residential care facility for the chronically ill, which has
27the same meaning as a residential care facility, as defined in Section
281568.01.

begin delete

29(12) Premises set aside by a beer manufacturer, as defined in
30Section 25000.2 of the Business and Professions Code, that comply
31with Section 118375, for the purposes of beer tasting, regardless
32of whether there is a charge for the beer tasting, if no other
33beverage, except for beer and prepackaged nonpotentially
34hazardous beverages, is offered for sale for onsite consumption,
35and no food, except for crackers, pretzels, or prepackaged food
36that is not potentially hazardous food is offered for onsite
37consumption.

38(13)

end delete

P7    1begin insert(12)end insert (A) An intermediate care facility for the developmentally
2disabled, as defined in subdivisions (e), (h), and (m) of Section
31250, with a capacity of six beds or fewer.

4(B) A facility described in subparagraph (A) shall report any
5foodborne illness or outbreak to the local health department and
6to the State Department of Public Health within 24 hours of the
7illness or outbreak.

begin delete

8(14)

end delete

9begin insert(13)end insert A community food producer, as defined in Section 113752.

10begin insert

begin insertSEC. 1.2.end insert  

end insert

begin insertSection 113789 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
11amended to read:end insert

12

113789.  

(a) “Food facility” means an operation that stores,
13prepares, packages, serves, vends, or otherwise provides food for
14human consumption at the retail level, including, but not limited
15to, the following:

16(1) An operation where food is consumed on or off the premises,
17regardless of whether there is a charge for the food.

18(2) A place used in conjunction with the operations described
19in this subdivision, including, but not limited to, storage facilities
20for food-related utensils, equipment, and materials.

21(b) “Food facility” includes permanent and nonpermanent food
22facilities, including, but not limited to, the following:

23(1) Public and private school cafeterias.

24(2) Restricted food service facilities.

25(3)  Licensed health care facilities, except as provided in
26paragraph (13) of subdivision (c).

27(4) Commissaries.

28(5) Mobile food facilities.

29(6) Mobile support units.

30(7) Temporary food facilities.

31(8) Vending machines.

32(9) Certified farmers’ markets, for purposes of permitting and
33enforcement pursuant to Section 114370.

34(10) Farm stands, for purposes of permitting and enforcement
35pursuant to Section 114375.

begin insert

36(11) Fishermen’s markets.

end insert

37(c) “Food facility” does not include any of the following:

38(1) A cooperative arrangement wherein no permanent facilities
39are used for storing or handling food.

P8    1(2) A private home, including a cottage food operation that is
2registered or has a permit pursuant to Section 114365.

3(3) A church, private club, or other nonprofit association that
4gives or sells food to its members and guests, and not to the general
5 public, at an event that occurs not more than three days in any
690-day period.

7(4) A for-profit entity that gives or sells food at an event that
8occurs not more than three days in a 90-day period for the benefit
9of a nonprofit association, if the for-profit entity receives no
10monetary benefit, other than that resulting from recognition from
11participating in an event.

12(5) Premises set aside for wine tasting, as that term is used in
13Section 23356.1 of the Business and Professions Code and in the
14regulations adopted pursuant to that section, that comply with
15Section 118375, regardless of whether there is a charge for the
16wine tasting, if no other beverage, except for bottles of wine and
17prepackaged nonpotentially hazardous beverages, is offered for
18sale for onsite consumption and no food, except for crackers, is
19served.

20(6) begin deletePremises end deletebegin insertAn outlet or location, including, but not limited
21to, premises, end insert
operated by a producer, selling or offering for sale
22only whole produce grown by the producer or shell eggs, or both,
23provided the sales are conductedbegin delete on premisesend deletebegin insert at an outlet or
24locationend insert
controlled by the producer.

25(7) A commercial food processing establishment as defined in
26Section 111955.

27(8) A child day care facility, as defined in Section 1596.750.

28(9) A community care facility, as defined in Section 1502.

29(10) A residential care facility for the elderly, as defined in
30Section 1569.2.

31(11) A residential care facility for the chronically ill, which has
32the same meaning as a residential care facility, as defined in Section
331568.01.

34(12) Premises set aside by a beer manufacturer, as defined in
35Section 25000.2 of the Business and Professions Code, that comply
36with Section 118375, for the purposes of beer tasting, regardless
37of whether there is a charge for the beer tasting, if no other
38beverage, except for beer and prepackaged nonpotentially
39hazardous beverages, is offered for sale for onsite consumption,
40and no food, except for crackers, pretzels, or prepackaged food
P9    1that is not potentially hazardous food is offered for onsite
2consumption.

3(13) (A) An intermediate care facility for the developmentally
4disabled, as defined in subdivisions (e), (h), and (m) of Section
51250, with a capacity of six beds or fewer.

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

10(14) A community food producer, as defined in Section 113752.

11begin insert

begin insertSEC. 1.3.end insert  

end insert

begin insertSection 113789 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
12amended to read:end insert

13

113789.  

(a) “Food facility” means an operation that stores,
14prepares, packages, serves, vends, or otherwise provides food for
15human consumption at the retail level, including, but not limited
16to, the following:

17(1) An operation where food is consumed on or off the premises,
18regardless of whether there is a charge for the food.

19(2) A place used in conjunction with the operations described
20in this subdivision, including, but not limited to, storage facilities
21for food-related utensils, equipment, and materials.

22(b) “Food facility” includes permanent and nonpermanent food
23facilities, including, but not limited to, the following:

24(1) Public and private school cafeterias.

25(2) Restricted food service facilities.

26(3)  Licensed health care facilities, except as provided in
27paragraph (13) of subdivision (c).

28(4) Commissaries.

29(5) Mobile food facilities.

30(6) Mobile support units.

31(7) Temporary food facilities.

32(8) Vending machines.

33(9) Certified farmers’ markets, for purposes of permitting and
34enforcement pursuant to Section 114370.

35(10) Farm stands, for purposes of permitting and enforcement
36pursuant to Section 114375.

begin insert

37(11) Fishermen’s markets.

end insert

38(c) “Food facility” does not include any of the following:

39(1) A cooperative arrangement wherein no permanent facilities
40are used for storing or handling food.

P10   1(2) A private home, including a cottage food operation that is
2registered or has a permit pursuant to Section 114365.

3(3) A church, private club, or other nonprofit association that
4gives or sells food to its members and guests, and not to the general
5 public, at an event that occurs not more than three days in any
690-day period.

7(4) A for-profit entity that gives or sells food at an event that
8occurs not more than three days in a 90-day period for the benefit
9of a nonprofit association, if the for-profit entity receives no
10monetary benefit, other than that resulting from recognition from
11participating in an event.

12(5) Premises set aside for wine tasting, as that term is used in
13Section 23356.1 of the Business and Professionsbegin delete Codeend deletebegin insert Code, or
14premises set aside by a beer manufacturer, as defined in Section
1525000.2 of the Business and Professions Code,end insert
and in the
16regulations adopted pursuant tobegin delete that section,end deletebegin insert those sections,end insert that
17comply with Section 118375, regardless of whether there is a
18charge for the winebegin insert or beerend insert tasting, if no other beverage, except
19for bottles of winebegin insert or beerend insert and prepackaged nonpotentially
20hazardous beverages, is offered for salebegin insert orend insert for onsite consumption
21and no food, except for crackers,begin delete is served.end deletebegin insert pretzels, or
22prepackaged food that is not potentially hazardous food is offered
23for sale or for onsite consumption.end insert

24(6) begin deletePremises end deletebegin insertAn outlet or location, including, but not limited
25to, premises, end insert
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 conductedbegin delete on premisesend deletebegin insert at an outlet or
28locationend insert
controlled by the producer.

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
P11   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.

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

begin deleteSECTION 1.end delete
18begin insertSEC. 2.end insert  

Section 114376 of the Health and Safety Code is
19amended to read:

20

114376.  

(a) A community food producerbegin delete or gleanerend delete may sell
21or provide whole uncut fruits or vegetables, or unrefrigerated shell
22eggs, directly to the public, to a permitted food facility, or a cottage
23food operation if the community food producerbegin delete or gleanerend delete meets
24all of the following requirements:

25(1) Agricultural products shall be grown or produced in
26 compliance with subdivision (b) of Section 113735.

27(2) Agricultural productsbegin delete shall beend deletebegin insert that are packaged shall have
28the packageend insert
labeled with the name and address of the community
29food producer.

30(3) Conspicuous signage shall be provided in lieu of a product
31label if the agricultural product is being sold by the community
32food producer on the site of production. The signage shall include,
33but not be limited to, the name and address of the community food
34producer.

35(4) Best management practices, as described by the Department
36of Food and Agriculture, regarding small farm food safety
37guidelines on, but not limited to, safe production, processing, and
38 handling of both nonpotentially hazardous and potentially
39hazardous foods.

40(5) Egg production shall be limited to 15 dozen eggs per month.

begin insert

P12   1(b) (1) A gleaner may sell or provide whole uncut fruits or
2vegetables, or unrefrigerated shell eggs, produced by a community
3food producer directly to the public without registration if the
4gleaner meets all of the requirements specified in subdivisions (a)
5and (d).

end insert
begin insert

6(2) A gleaner may donate whole uncut fruits or vegetables, or
7unrefrigerated shell eggs, produced by a community food producer
8to a food bank or food kitchen without registration if it meets both
9of the following requirements:

end insert
begin insert

10(A) Best management practices, as described by the Department
11of Food and Agriculture, regarding small farm food safety
12guidelines on handling of both nonpotentially hazardous and
13potentially hazardous foods.

end insert
begin insert

14(B) Record retention requirements specified in subdivision (d).

end insert
begin delete

15(b)

end delete

16begin insert(c)end insert Unless otherwise authorized by a local ordinance adopted
17by a local jurisdiction, a local city or county health enforcement
18officebegin delete may onlyend deletebegin insert shall notend insert require a community food producerbegin delete or
19gleanerend delete
to register with the city or county begin delete and to provide specified
20information, including, but not limited to, the name, address, and
21telephone number of the community food producer or gleaner if
22the community food producer or gleaner does not meet any of the
23following conditions:end delete
begin insert or meet requirements in addition to those
24required in subdivisions (a) and (d) if the community food producer
25meets any of the following conditions:end insert

26(1) begin deleteProduce is sold on the premises end deletebegin insertAgricultural products are
27sold at the outlet or location, including, but not limited to,
28premises, end insert
controlled by the community food producer pursuant to
29paragraph (6) of subdivision (c) of Section 113789.

30(2) begin deleteProduce is end deletebegin insertAgricultural products are end insertdonated to a food bank
31or food kitchen thatbegin delete is registered or permitted by a federal, state,
32or local health agency.end delete
begin insert provides food at no cost to consumers.end insert

33(3) begin deleteProduce is end deletebegin insertAgricultural products are end insertsold in a food facility
34permitted by a federal, state, or local health agency.

begin insert

35(d) A community food producer or gleaner that sells or provides
36whole uncut fruits or vegetables, or unrefrigerated shell eggs,
37directly to the public pursuant to this section shall retain records
38related to the sale or provision of the food for 30 days, which shall
39include the type of food sold and the date of sale.

end insert
begin insert

P13   1(e) A food bank or food kitchen that receives whole uncut fruits
2or vegetables, or unrefrigerated shell eggs, donated by a
3community food producer or gleaner pursuant to this section shall
4retain records related to the donation of the food for 30 days,
5which shall include the type of food received, the date of receipt,
6and the name and contact information of the community food
7producer or gleaner that donated the food.

end insert
8begin insert

begin insertSEC. 3.end insert  

end insert
begin insert

(a) Section 1.1 of this bill incorporates amendments
9to Section 113789 of the Health and Safety proposed by both this
10bill and Assembly Bill 143. It shall only become operative if (1)
11both bills are enacted and become effective on or before January
121, 2016, (2) each bill amends Section 113789 of the Health and
13Safety Code, (3) Assembly Bill 226 is not enacted or as enacted
14does not amend that section, and (4) this bill is enacted after
15Assembly Bill 143, in which case Sections 1, 1.2, and 1.3 of this
16bill shall not become operative.

end insert
begin insert

17(b) Section 1.2 of this bill incorporates amendments to Section
18113789 of the Health and Safety Code proposed by both this bill
19and Assembly Bill 226. It shall only become operative if (1) both
20bills are enacted and become effective on or before January 1,
212016, (2) each bill amends Section 113789 of the Health and Safety
22Code, (3) Assembly Bill 143 is not enacted or as enacted does not
23amend that section, and (4) this bill is enacted after Assembly Bill
24226 in which case Sections 1, 1.1, and 1.3 of this bill shall not
25become operative.

end insert
begin insert

26(c) Section 1.3 of this bill incorporates amendments to Section
27113789 of the Health and Safety Code proposed by this bill,
28Assembly Bill 143, and Assembly Bill 226. It shall only become
29operative if (1) all three bills are enacted and become effective on
30or before January 1, 2016, (2) all three bills amend Section 113789
31of the Health and Safety Code, and (3) this bill is enacted after
32Assembly Bill 143 and Assembly Bill 226, in which case Sections
331, 1.1, and 1.2 of this bill shall not become operative.

end insert
34

begin deleteSEC. 2.end delete
35begin insertSEC. 4.end insert  

No reimbursement is required by this act pursuant to
36Section 6 of Article XIII B of the California Constitution because
37the only costs that may be incurred by a local agency or school
38district will be incurred because this act creates a new crime or
39infraction, eliminates a crime or infraction, or changes the penalty
40for a crime or infraction, within the meaning of Section 17556 of
P14   1the Government Code, or changes the definition of a crime within
2the meaning of Section 6 of Article XIII B of the California
3Constitution.



O

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