BILL NUMBER: AB 384	ENROLLED
	BILL TEXT

	PASSED THE SENATE  SEPTEMBER 3, 2015
	PASSED THE ASSEMBLY  JUNE 1, 2015

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.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 384, 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.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 110485 of the Health and Safety Code is amended
to read:
   110485.  (a) Every person who is engaged in the manufacture,
packing, or holding of processed food in this state shall pay a food
safety fee of one hundred dollars ($100) to the department in
addition to any fees paid pursuant to Section 110470.
   (b) Revenue received pursuant to this section shall be deposited
in the Food Safety Fund created pursuant to Section 110050. A penalty
of 10 percent per month shall be added to any food safety fee not
paid when due.
   (c) Upon appropriation, the food safety fees deposited in the Food
Safety Fund shall be used by the department to assist in developing
and implementing education and training programs related to food
safety. These programs shall be developed in consultation with
representatives of the food processing industry. Implementation shall
include education and training in the prevention of microbial
contamination.
   (d) This section does not apply to companies exclusively involved
in flour milling, dried bean processing, or in the drying or milling
of rice, or to those individual registrants the director determines
should not be assessed because substantial economic hardship would
result to those registrants. For the purposes of this subdivision,
the substantial hardship exemption shall be extended only to
registrants whose wholesale gross annual income from the registered
business is twenty thousand dollars ($20,000) or less.
  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.