Amended in Assembly March 19, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 724

Introduced by Assembly Member Dodd

February 25, 2015

An act to amend Section begin delete 114335 end delete begin insert 113755 end insert of begin insert , and to add Section 114364 to, end insert the Health and Safety Code, relating to food safety.

LEGISLATIVE COUNSEL’S DIGEST

AB 724, as amended, Dodd. Temporary food begin delete facilities. end delete begin insert facilities: community event. end insert

Existing law, the California Retail Food Code, establishes uniform health and sanitation standards for retail food facilities, including temporary food facilities, by the State Department of Public Health. Existing law provides that local health agencies are primarily responsible for enforcing this code. A violation of any provision of the code is generally punishable as a misdemeanor. Existing law begin delete limits the service of temporary food facilities that operate at a swap meet to only prepackaged nonpotentially hazardous food and whole, uncut produce, and requires those temporary food facilities and end delete begin insert requires end insert temporary food facilities that operate at a community event to meet specified begin delete requirements. end delete begin insert requirements, and defines “community event” for these purposes. end insert

This bill would begin delete make a technical, nonsubstantive change to those provisions. end delete begin insert require a temporary food facility to be granted a permit to operate at a community event if the enforcement agency makes a determination that the temporary food facility meets specified requirements, and would require the permit to be issued for the entire duration of the community event. The bill would revise the definition of community event to include a district fair. By requiring a local enforcement agency to issue a permit to a temporary food facility to operate at a community event under specified circumstances end insert begin insert , this bill would impose a state-mandated local program. end insert

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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.

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This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

end insert

Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program:  begin delete no end delete begin insert yes end insert .

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

end insert

begin insert Section 113755 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

113755.  

“Community event” means an event that is of civic,
political, public, or educational nature, including state begin insert , district, end insert
and county fairs, city festivals, circuses, and other public gathering
events approved by the local enforcement agency.

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 114364 is added to the end insert begin insert Health and Safety Code end insert begin insert , end insert immediately following Section 114363 begin insert , to read: end insert

begin insert

begin insert 114364. end insert   

(a) A temporary food facility shall, upon application,
be granted a permit to operate at a community event if the
enforcement agency makes a determination that the temporary
food facility meets the requirements specified in subdivisions (b)
and (c) of Section 114335.

(b) A permit issued to a temporary food facility to operate at a
community event under subdivision (a) shall be issued for the entire
duration of the community event and shall expire at the end of that
duration.

end insert

begin insert

begin insert SEC. 3. end insert   

end insert begin insert

If the Commission on State Mandates determines that
this act contains costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division
4 of Title 2 of the Government Code.

end insert

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SECTION 1.  

Section 114335 of the Health and Safety Code
is amended to read:

114335.  

(a) Temporary food facilities that operate at a swap
meet are limited to only prepackaged nonpotentially hazardous
food and whole, uncut produce, and shall meet the applicable
requirements in Chapter 1 (commencing with Section 113700) to
Chapter 8 (commencing with Section 114250), inclusive, Chapter
12.6 (commencing with Section 114377), and Chapter 13
(commencing with Section 114380), unless specifically exempted
from any of these provisions.

(b) Temporary food facilities that operate at a community event
shall meet the applicable requirements in Chapter 1 (commencing
with Section 113700) to Chapter 8 (commencing with Section
114250), inclusive, Chapter 12.6 (commencing with Section
114377), and Chapter 13 (commencing with Section 114380),
unless specifically exempted from any of these provisions.

(c) Food facility requirements shall be determined by the
enforcement agency based on the food service activity to be
conducted, the type of food that is to be prepared or served, the
length of the event, and the extent of food preparation that is to be
conducted at a community event within a temporary food facility.

(d) Notwithstanding subdivision (a), the enforcement agency
may allow temporary food facilities at a swap meet, depending on
the food service activity to be conducted, the type of food that is
to be prepared or served, the duration of the swap meet, and the
extent of food preparation that is to be conducted at the swap meet.

end delete