California Legislature—2015–16 Regular Session

Assembly BillNo. 384

Introduced by Assembly Member Perea

(Coauthor: Assembly Member Gallagher)

February 18, 2015

An act to amend Section 110485 of the Health and Safety Code, relating to food safety.


AB 384, as introduced, Perea. Food safety.

Existing law, the Sherman Food, Drug, and Cosmetic Law, prohibits the manufacture, packing, or holding of processed food unless in a food processing facility duly registered with the State Department of Public Health, upon payment of an annual registration fee. The law requires, until January 1, 2016, and in addition to the annual registration fee, every person engaged in the manufacture, packing, or holding of processed food, with specified exceptions, to pay a $100 food safety fee to be used by the department, upon appropriation, to assist in developing and implementing education and training programs related to food safety. The violation of these provisions is a crime.

This bill would delete the January 1, 2016, repeal date for the food safety fee, thus extending its duration indefinitely. By changing the definition of an existing 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:

P2    1


Section 110485 of the Health and Safety Code
2 is amended to read:



(a) Every person who is engaged in the manufacture,
4packing, or holding of processed food in this state shall pay a food
5safety fee of one hundred dollars ($100) to the department in
6addition to any fees paid pursuant to Section 110470.

7(b) Revenue received pursuant to this section shall be deposited
8in the Food Safety Fund created pursuant to Section 110050. A
9penalty of 10 percent per month shall be added to any food safety
10fee not paid when due.

11(c) Upon appropriation, the food safety fees deposited in the
12Food Safety Fund shall be used by the department to assist in
13developing and implementing education and training programs
14related to food safety. These programs shall be developed in
15consultation with representatives of the food processing industry.
16Implementation shall include education and training in the
17prevention of microbial contamination.

18(d) This section does not apply to companies exclusively
19involved in flour milling, dried bean processing, or in the drying
20or milling of rice, or to those individual registrants the director
21determines should not be assessed because substantial economic
22hardship would result to those registrants. For the purposes of this
23subdivision, the substantial hardship exemption shall be extended
24only to registrants whose wholesale gross annual income from the
25registered business is twenty thousand dollars ($20,000) or less.

begin delete

26(e) This section shall remain in effect only until January 1, 2016,
27and as of that date is repealed, unless a later enacted statute, that
28is enacted on or before January 1, 2016, deletes or extends that

end delete

SEC. 2.  

No reimbursement is required by this act pursuant to
31Section 6 of Article XIII B of the California Constitution because
32the only costs that may be incurred by a local agency or school
33district will be incurred because this act creates a new crime or
34infraction, eliminates a crime or infraction, or changes the penalty
35for a crime or infraction, within the meaning of Section 17556 of
P3    1the Government Code, or changes the definition of a crime within
2the meaning of Section 6 of Article XIII B of the California