Senate BillNo. 746


Introduced by Senator Wolk

(Principal coauthor: Assembly Member Dodd)

February 27, 2015


An act to amend Sections 110480 and 113789 of the Health and Safety Code, relating to food safety.

LEGISLATIVE COUNSEL’S DIGEST

SB 746, as introduced, Wolk. Food safety: grist mills.

Existing law prohibits, with some exceptions, the manufacture, packing, or holding of processed food without a valid registration from the State Department of Public Health. A violation of these provisions is a crime.

This bill would, beginning January 1, 2018, exempt from the registration requirements the milling, packaging, and selling of grain produced and sold at a water-driven grist mill on the National Register of Historic Places, provided best management practices suitable for a historic water-driven grist mill are followed for the processing and handling of the product, the flour is identified as being produced in a historic mill using traditional methods, and the product meets applicable federal food adulteration purity standards.

Existing law, the California Retail Food Code, provides for the regulation of health and sanitation standards for retail food facilities, as defined, by the department and is primarily enforced by local health agencies. A violation of any provision of the code is a misdemeanor.

This bill would, beginning January 1, 2018, exclude from the definition of a retail food facility a water-driven grist mill that is on the National Register of Historic Places and that has onsite sales of grain that is milled at the facility. The bill would make related findings, declarations, and statements of legislative intent.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

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

P2    1

SECTION 1.  

(a) The Legislature finds and declares all of the
2following:

3(1) Recent legislation that established a moratorium on closure
4of state parks and a matching funds program to help keep state
5parks open have increased outreach to the public through the use
6of creative partnerships and other innovative tools, and other
7provisions have helped stabilize the Department of Parks and
8Recreation and broaden its financial base.

9(2) Ongoing efforts by the Parks Forward Commission, the State
10Park and Recreation Commission, and the Department of Parks
11and Recreation to develop a more secure financial base for the
12department through the increased use of pilot projects, the sale of
13specialized or regional passes, and other internal reforms are
14providing early signs of success that should be strengthened.

15(3) A stable funding structure must be established for the state
16parks, including a more entrepreneurial and robust
17revenue-generation strategy with increased efficiency and
18accountability, and a dedicated, reliable source of public funding
19that will meet ongoing operating needs and continually reduce the
20backlog of unmet maintenance needed to protect valuable park
21assets.

22(b) It is the intent of the Legislature in enacting this act to
23encourage the Department of Parks and Recreation and the State
24Department of Public Health to consult with each other to develop
25and implement additional, reasonable improvements designed to
26increase public health security at the Bale Grist Mill State Historic
27Park, without impairing or adversely affecting historical, cultural,
28or natural resources.

29

SEC. 2.  

Section 110480 of the Health and Safety Code is
30amended to read:

31

110480.  

begin insert(a)end insertbegin insertend insertThe registration provisions of this article shall not
32apply to any person whose manufacturing, packing, or holding of
33processed food is limited solely to temporarily holding processed
34foods for up to seven days for further transport if the foods are not
35potentially hazardous foods, as defined in Section 110005, or to
P3    1any person whose manufacturing, packing, or holding of processed
2food is limited solely to activities authorizedbegin delete byend deletebegin insert pursuant toend insert any
3of the following:

begin delete

4(a)

end delete

5begin insert(1)end insert A valid bottled water or water vending machine license
6issued pursuant to Article 12 (commencing with Section 111070).

begin delete

7(b)

end delete

8begin insert(2)end insert A valid pet food license issued pursuant to Chapter 10
9(commencing with Section 113025) of Part 6.

begin delete

10(c)

end delete

11begin insert(3)end insert A valid permit issued pursuant to Chapter 4 (commencing
12with Section 113700) of Part 7 to a food facility including a food
13facility that manufactures, packs, or holds processed food for sale
14at wholesale, provided the food facility that manufactures, packs,
15or holds processed food for sale at wholesale does not meet any
16of the following conditions:

begin delete

17(1)

end delete

18begin insert(A)end insert Has gross annual wholesale sales of processed foods of more
19than 25 percent of total food sales.

begin delete

20(2)

end delete

21begin insert(B)end insert Sells processed foods outside the jurisdiction of the local
22health department.

begin delete

23(3)

end delete

24begin insert(C)end insert Sells processed foods that require labeling pursuant to this
25part.

begin delete

26(4)

end delete

27begin insert(D)end insert Processes or handles fresh seafood, frozen seafood held in
28bulk for further processing, or fresh or frozen raw shellfish.

begin delete

29(5)

end delete

30begin insert(E)end insert Salvages processed foods for sale other than at the retail
31food facility.

begin delete

32(d)

end delete

33begin insert(4)end insert A valid cold storage license issued pursuant to Chapter 6
34(commencing with Section 112350) of Part 6.

begin delete

35(e)

end delete

36begin insert(5)end insert A valid cannery license issued pursuant to Chapter 8
37(commencing with Section 112650) of Part 6.

begin delete

38(f)

end delete

39begin insert(6)end insert A valid shellfish certificate issued pursuant to Chapter 5
40(commencing with Section 112150) of Part 6.

begin delete

P4    1(g)

end delete

2begin insert(7)end insert A valid frozen food locker plant license issued pursuant to
3Chapter 7 (commencing with Section 112500) of Part 6.

begin delete

4(h)

end delete

5begin insert(8)end insert A valid winegrower’s license or wine blender’s license
6pursuant to Division 9 (commencing with Section 23000) of the
7Business and Professions Code.

begin delete

8(i)

end delete

9begin insert(9)end insert A valid milk products plant, margarine, imitation ice cream,
10imitation ice milk, or a products resembling milk products plant
11license, issued pursuant to Division 15 (commencing with Section
1232501) of the Food and Agricultural Code.

begin delete

13(j)

end delete

14begin insert(10)end insert A valid permit issued by a local health department to
15operate a processing establishment, as defined in Section 111955,
16that only holds or warehouses processed food, pursuant to Article
171 (commencing with Section 111950) of Chapter 4 of Part 6,
18provided that all of the following conditions are met:

begin delete

19(1)

end delete

20begin insert(A)end insert The warehouse does not manufacture or pack processed
21food.

begin delete

22(2)

end delete

23begin insert(B)end insert The warehouse does not hold fresh seafood, frozen seafood
24held in bulk for further processing, or fresh or frozen raw shellfish.

begin delete

25(3)

end delete

26begin insert(C)end insert The warehouse is not operated as an integral part of a food
27processing facility required to be registered pursuant to Section
28110460.

begin delete

29(4)

end delete

30begin insert(D)end insert The warehouse facilities are located entirely within the area
31under the jurisdiction of the local health department.

begin delete

32(5)

end delete

33begin insert(E)end insert The warehouse does not salvage food as the primary
34 business.

begin insert

35(11) Beginning January 1, 2018, the milling, packaging, and
36selling of grain produced and sold at a water-driven grist mill on
37the National Register of Historic Places, provided best
38management practices suitable for a historic water-driven grist
39mill are followed for the processing and handling of the product,
40the flour is identified as being produced in a historic mill using
P5    1traditional methods, and the product meets applicable federal food
2adulteration purity standards.

end insert
begin delete

3(k)

end delete

4begin insert(b)end insert This section shall not be construed to limit the authority of
5Los Angeles, San Bernardino, and Orange Counties, or of the City
6of Vernon, to conduct any inspections otherwise authorized by
7Chapter 4 (commencing with Section 111950) of Part 6.

8

SEC. 3.  

Section 113789 of the Health and Safety Code is
9amended to read:

10

113789.  

(a) “Food facility” means an operation that stores,
11prepares, packages, serves, vends, or otherwise provides food for
12human consumption at the retail level, including, but not limited
13to, the following:

14(1) An operation where food is consumed on or off the premises,
15regardless of whether there is a charge for the food.

16(2) A place used in conjunction with the operations described
17in this subdivision, including, but not limited to, storage facilities
18for food-related utensils, equipment, and materials.

19(b) “Food facility” includes permanent and nonpermanent food
20facilities, including, but not limited to, the following:

21(1) Public and private school cafeterias.

22(2) Restricted food service facilities.

23(3) Licensed health care facilities, except as provided in
24paragraph (13) of subdivision (c).

25(4) Commissaries.

26(5) Mobile food facilities.

27(6) Mobile support units.

28(7) Temporary food facilities.

29(8) Vending machines.

30(9) Certified farmers’ markets, for purposes of permitting and
31enforcement pursuant to Section 114370.

32(10) Farm stands, for purposes of permitting and enforcement
33pursuant to Section 114375.

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

35(1) A cooperative arrangement wherein no permanent facilities
36are used for storing or handling food.

37(2) A private home, including a cottage food operation that is
38registered or has a permit pursuant to Section 114365.

39(3) A church, private club, or other nonprofit association that
40gives or sells food to its members and guests, and not to the general
P6    1public, at an event that occurs not more than three days in any
290-day period.

3(4) A for-profit entity that gives or sells food at an event that
4occurs not more than three days in a 90-day period for the benefit
5of a nonprofit association, if the for-profit entity receives no
6monetary benefit, other than that resulting from recognition from
7participating in an event.

8(5) Premises set aside for wine tasting, as that term is used in
9Section 23356.1 of the Business and Professions Code and in the
10regulations adopted pursuant to that section, that comply with
11Section 118375, regardless of whether there is a charge for the
12wine tasting, if no other beverage, except for bottles of wine and
13prepackaged nonpotentially hazardous beverages, is offered for
14sale for onsite consumption and no food, except for crackers, is
15served.

16(6) Premises 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 conducted on premises controlled by the
19 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.

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) (A) An intermediate care facility for the developmentally
39disabled, as defined in subdivisions (e), (h), and (m) of Section
401250, with a capacity of six beds or fewer.

P7    1(B) A facility described in subparagraph (A) shall report any
2foodborne illness or outbreak to the local health department and
3to the State Department of Public Health within 24 hours of the
4illness or outbreak.

5(14) A community food producer, as defined in Section 113752.

begin insert

6(15) Beginning January 1, 2018, a water-driven grist mill that
7is on the National Register of Historic Places and that has onsite
8sales of grain that is milled at the facility.

end insert


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