AB 2593, as introduced, Brown. Food facilities: private homes.
Existing law, the California Retail Food Code, establishes uniform health and sanitation standards for retail food facilities, and defines a food facility to mean an operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption at the retail level, as specified. Existing law exempts, among others, a private home, including a registered or permitted cottage food operation from the definition of food facility.
This bill would additionally exempt from the definition of food facility, a private home that meets specified requirements, including that the private home is not open to the public and the cook directly sells the food to the consumer after fully informing the consumer on all of the cook’s methods of food preparation and handling.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 113789 of the Health and Safety Code
2 is amended to read:
(a) “Food facility” means an operation that stores,
2prepares, packages, serves, vends, or otherwise provides food for
3human consumption at the retail level, including, but not limited
4to,begin insert both ofend insert the following:
5(1) An operation where food is consumed on or off the premises,
6regardless of whether there is a charge for the food.
7(2) A place used in conjunction with the operations described
8in this subdivision, including, but not limited to, storage facilities
9for food-related utensils, equipment, and materials.
10(b) “Food facility”
includes permanent and nonpermanent food
11facilities, including, but not limited to,begin insert
all ofend insert the following:
12(1) Public and private school cafeterias.
13(2) Restricted food service facilities.
14(3) Licensed health care facilities, except as provided in
15paragraph (13) of subdivision (c).
16(4) Commissaries.
17(5) Mobile food facilities.
18(6) Mobile support units.
19(7) Temporary food facilities.
20(8) Vending machines.
21(9) Certified farmers’ markets, for purposes of permitting and
22enforcement
pursuant to Section 114370.
23(10) Farm stands, for purposes of permitting and enforcement
24pursuant to Section 114375.
25(11) Fishermen’s markets.
26(c) “Food facility” does not include any of the following:
27(1) A cooperative arrangement wherein no permanent facilities
28are used for storing or handling food.
29(2) begin insert(A)end insertbegin insert end insert A private home, including a cottage food operation that
30is registered or has a permit pursuant to Sectionbegin delete 114365.end deletebegin insert
114365
31and a private home described in subparagraph (B).end insert
32(B) A private home that meets all of the following requirements
33shall:
34(i) The food is prepared and handled by no more than two
35individuals.
36(ii) The private home is not open to the public, and the cook
37invites or approves all consumers coming into his or her private
38home in advance.
39(iii) The cook fully informs a consumer on all of his or her
40methods of food preparation and handling and any risks
associated
P3 1with the food preparation or handling in the private home through
2informational materials before the purchase of food.
3(iv) The cook directly sells the food to the consumer.
end insertbegin insert
4(v) There are no complaints submitted to any authority asserting
5unsafe practices, nuisance, or negligence on part of the cook.
6(vi) There are no more than six consumers in the cook’s private
7home at any one time.
8(3) A church, private club, or other nonprofit association that
9gives or sells food to its members and guests, and not to the
general
10public, at an event that occurs not more than three days in any
1190-day period.
12(4) A for-profit entity that gives or sells food at an event that
13occurs not more than three days in a 90-day period for the benefit
14of a nonprofit association, if the for-profit entity receives no
15monetary benefit, other than that resulting from recognition from
16participating in an event.
17(5) Premises set aside for wine tasting, as that term is used in
18Section 23356.1 of the Business and Professions Code, or premises
19set aside by a beer manufacturer, as defined in Section 25000.2 of
20the Business and Professions Code, and in the regulations adopted
21pursuant to those sections, that comply with Section 118375,
22regardless of whether there is a charge for the wine or beer tasting,
23if no other beverage, except for bottles of wine or beer and
24prepackaged nonpotentially hazardous beverages, is offered
for
25sale or for onsite consumption and no food, except for crackers,
26pretzels, or prepackaged food that is not potentially hazardous
27food is offered for sale or for onsite consumption.
28(6) An outlet or location, including, but not limited to, premises,
29operated by a producer, selling or offering for sale only whole
30produce grown by the producer or shell eggs, or both, provided
31the sales are conducted at an outlet or location controlled by the
32producer.
33(7) A commercial food processing establishment as defined in
34Section 111955.
35(8) A child day care facility, as defined in Section 1596.750.
36(9) A community care facility, as defined in Section 1502.
37(10) A residential care facility for the
elderly, as defined in
38Section 1569.2.
P4 1(11) A residential care facility for the chronically ill, which has
2the same meaning as a residential care facility, as defined in Section
31568.01.
4(12) (A) An intermediate care facility for the developmentally
5disabled, as defined in subdivisions (e), (h), and (m) of Section
61250, with a capacity of six beds or fewer.
7(B) A facility described in subparagraph (A) shall report any
8foodborne illness or outbreak to the local health department and
9to the State Department of Public Health within 24 hours of the
10illness or outbreak.
11(13) A community food producer, as defined in Section 113752.
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