Amended in Assembly January 5, 2016

Senate BillNo. 746


Introduced by Senator Wolk

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(Principal coauthor: Assembly Member Dodd)

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February 27, 2015


begin deleteAn act to amend Sections 110480 and 113789 of the Health and Safety Code, relating to food safety. end deletebegin insertAn act to amend Sections 79831 and 79835 of the Food and Agricultural Code, relating to olive oil.end insert

LEGISLATIVE COUNSEL’S DIGEST

SB 746, as amended, Wolk. begin deleteFood safety: grist mills. end deletebegin insertOlive Oil Commission of California: chair of advisory committee.end insert

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Existing law provides for the establishment of an advisory committee to advise the board of directors of the Olive Oil Commission of California, as specified, and provides that the chair of the advisory committee shall be an ex officio member of the commission board of directors.

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This bill would instead require the chair of the advisory committee to be a member, rather than an ex officio member, of the commission board of directors. The bill would also require the chair of the advisory committee to designate an alternate advisory committee member to serve in the chair’s absence.

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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.

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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.

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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.

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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.

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Vote: majority. Appropriation: no. Fiscal committee: begin deleteno end deletebegin insertyesend insert. State-mandated local program: no.

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

P2    1begin insert

begin insertSECTION 1.end insert  

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begin insertSection 79831 of the end insertbegin insertFood and Agricultural Codeend insert
2begin insert is amended to read:end insert

3

79831.  

(a) There is in the state government the Olive Oil
4Commission of California. Except as provided in subdivision (d),
5the commission board of directors shall be composed of the
6following:

7(1) Six producers, two from each district.

8(2) Three handlers, one from each district.

9(3) One public member who shall be appointed to the
10commission board of directors by the secretary from nominees
11recommended by the commission board of directors.

12(b) The chair of the advisory committeebegin insert described in subdivision
13(e)end insert
shall bebegin delete an ex officioend deletebegin insert aend insert member of the commission board of
14directors.

15(c) The secretary and other appropriate persons as determined
16by the commission board of directors shall be ex officio members.

17(d) The commission board of directors may modify the number
18of producers and handlers who serve on the commission board of
19directors by a two-thirds vote that is concurred in by the secretary,
20if proper notice is provided to all persons subject to this chapter
21begin delete prior toend deletebegin insert beforeend insert the action.

P3    1(e) An advisory committee shall meet periodically to review
2issues affecting the purposes of this chapter and shall advise the
3commission board of directors. Thebegin insert advisoryend insert committee shall
4consist of seven members who shall each serve three-year terms.
5The chair of thebegin insert advisoryend insert committee shall be selected by the
6members.

7begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 79835 of the end insertbegin insertFood and Agricultural Codeend insertbegin insert is
8amended to read:end insert

9

79835.  

begin insert(a)end insertbegin insertend insertExcept for the ex officio members of the
10commission board of directors, each member of the commission
11board of directors shall have an alternate member elected in the
12same manner as the member. An alternate member, in the absence
13of the member for whom he or she is an alternate, shall serve in
14place of the member. An alternate member may also serve in place
15of any other absent member of the same classification, producer
16or handler, if the member’s alternate is also absent. However, an
17alternate member may not serve in place of more than one absent
18member at a meeting. An alternate member serving in place of a
19member shall have and be able to exercise all rights, privileges,
20and powers of the member when serving. In the event of death,
21removal, resignation, or the disqualification of a member, the
22alternate for the member, or another alternate of the same
23classification if the alternate member for the member is absent,
24shall act as the member until a qualified successor is elected.

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25(b) The chair of the advisory committee shall designate a
26member of the advisory committee to serve as an alternate in place
27of the chair in the chair’s absence. An alternate advisory committee
28member serving in the place of the chair shall have and be able
29to exercise all rights, privileges, and powers of the chair when
30serving.

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31

SECTION 1.  

(a) The Legislature finds and declares all of the
32following:

33(1) Recent legislation that established a moratorium on closure
34of state parks and a matching funds program to help keep state
35parks open have increased outreach to the public through the use
36of creative partnerships and other innovative tools, and other
37provisions have helped stabilize the Department of Parks and
38Recreation and broaden its financial base.

39(2) Ongoing efforts by the Parks Forward Commission, the State
40Park and Recreation Commission, and the Department of Parks
P4    1and Recreation to develop a more secure financial base for the
2department through the increased use of pilot projects, the sale of
3specialized or regional passes, and other internal reforms are
4providing early signs of success that should be strengthened.

5(3) A stable funding structure must be established for the state
6parks, including a more entrepreneurial and robust
7revenue-generation strategy with increased efficiency and
8accountability, and a dedicated, reliable source of public funding
9that will meet ongoing operating needs and continually reduce the
10backlog of unmet maintenance needed to protect valuable park
11assets.

12(b) It is the intent of the Legislature in enacting this act to
13encourage the Department of Parks and Recreation and the State
14Department of Public Health to consult with each other to develop
15and implement additional, reasonable improvements designed to
16increase public health security at the Bale Grist Mill State Historic
17Park, without impairing or adversely affecting historical, cultural,
18or natural resources.

19

SEC. 2.  

Section 110480 of the Health and Safety Code is
20amended to read:

21

110480.  

(a) The registration provisions of this article shall not
22apply to any person whose manufacturing, packing, or holding of
23processed food is limited solely to temporarily holding processed
24foods for up to seven days for further transport if the foods are not
25potentially hazardous foods, as defined in Section 110005, or to
26any person whose manufacturing, packing, or holding of processed
27food is limited solely to activities authorized pursuant to any of
28the following:

29(1) A valid bottled water or water vending machine license
30issued pursuant to Article 12 (commencing with Section 111070).

31(2) A valid pet food license issued pursuant to Chapter 10
32(commencing with Section 113025) of Part 6.

33(3) A valid permit issued pursuant to Chapter 4 (commencing
34with Section 113700) of Part 7 to a food facility including a food
35facility that manufactures, packs, or holds processed food for sale
36at wholesale, provided the food facility that manufactures, packs,
37or holds processed food for sale at wholesale does not meet any
38of the following conditions:

39(A) Has gross annual wholesale sales of processed foods of
40more than 25 percent of total food sales.

P5    1(B) Sells processed foods outside the jurisdiction of the local
2health department.

3(C) Sells processed foods that require labeling pursuant to this
4part.

5(D) Processes or handles fresh seafood, frozen seafood held in
6bulk for further processing, or fresh or frozen raw shellfish.

7(E) Salvages processed foods for sale other than at the retail
8food facility.

9(4) A valid cold storage license issued pursuant to Chapter 6
10(commencing with Section 112350) of Part 6.

11(5) A valid cannery license issued pursuant to Chapter 8
12(commencing with Section 112650) of Part 6.

13(6) A valid shellfish certificate issued pursuant to Chapter 5
14(commencing with Section 112150) of Part 6.

15(7) A valid frozen food locker plant license issued pursuant to
16Chapter 7 (commencing with Section 112500) of Part 6.

17(8) A valid winegrower’s license or wine blender’s license
18pursuant to Division 9 (commencing with Section 23000) of the
19Business and Professions Code.

20(9) A valid milk products plant, margarine, imitation ice cream,
21imitation ice milk, or a products resembling milk products plant
22license, issued pursuant to Division 15 (commencing with Section
2332501) of the Food and Agricultural Code.

24(10) A valid permit issued by a local health department to
25operate a processing establishment, as defined in Section 111955,
26that only holds or warehouses processed food, pursuant to Article
271 (commencing with Section 111950) of Chapter 4 of Part 6,
28provided that all of the following conditions are met:

29(A) The warehouse does not manufacture or pack processed
30food.

31(B) The warehouse does not hold fresh seafood, frozen seafood
32held in bulk for further processing, or fresh or frozen raw shellfish.

33(C) The warehouse is not operated as an integral part of a food
34processing facility required to be registered pursuant to Section
35110460.

36(D) The warehouse facilities are located entirely within the area
37under the jurisdiction of the local health department.

38(E) The warehouse does not salvage food as the primary
39 business.

P6    1(11) Beginning January 1, 2018, the milling, packaging, and
2selling of grain produced and sold at a water-driven grist mill on
3the National Register of Historic Places, provided best management
4practices suitable for a historic water-driven grist mill are followed
5for the processing and handling of the product, the flour is
6identified as being produced in a historic mill using traditional
7methods, and the product meets applicable federal food adulteration
8purity standards.

9(b) This section shall not be construed to limit the authority of
10Los Angeles, San Bernardino, and Orange Counties, or of the City
11of Vernon, to conduct any inspections otherwise authorized by
12Chapter 4 (commencing with Section 111950) of Part 6.

13

SEC. 3.  

Section 113789 of the Health and Safety Code is
14amended to read:

15

113789.  

(a) “Food facility” means an operation that stores,
16prepares, packages, serves, vends, or otherwise provides food for
17human consumption at the retail level, including, but not limited
18to, the following:

19(1) An operation where food is consumed on or off the premises,
20regardless of whether there is a charge for the food.

21(2) A place used in conjunction with the operations described
22in this subdivision, including, but not limited to, storage facilities
23for food-related utensils, equipment, and materials.

24(b) “Food facility” includes permanent and nonpermanent food
25facilities, including, but not limited to, the following:

26(1) Public and private school cafeterias.

27(2) Restricted food service facilities.

28(3) Licensed health care facilities, except as provided in
29paragraph (13) of subdivision (c).

30(4) Commissaries.

31(5) Mobile food facilities.

32(6) Mobile support units.

33(7) Temporary food facilities.

34(8) Vending machines.

35(9) Certified farmers’ markets, for purposes of permitting and
36enforcement pursuant to Section 114370.

37(10) Farm stands, for purposes of permitting and enforcement
38pursuant to Section 114375.

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

P7    1(1) A cooperative arrangement wherein no permanent facilities
2are used for storing or handling food.

3(2) A private home, including a cottage food operation that is
4registered or has a permit pursuant to Section 114365.

5(3) A church, private club, or other nonprofit association that
6gives or sells food to its members and guests, and not to the general
7public, at an event that occurs not more than three days in any
890-day period.

9(4) A for-profit entity that gives or sells food at an event that
10occurs not more than three days in a 90-day period for the benefit
11of a nonprofit association, if the for-profit entity receives no
12monetary benefit, other than that resulting from recognition from
13participating in an event.

14(5) Premises set aside for wine tasting, as that term is used in
15Section 23356.1 of the Business and Professions Code and in the
16regulations adopted pursuant to that section, that comply with
17Section 118375, regardless of whether there is a charge for the
18wine tasting, if no other beverage, except for bottles of wine and
19prepackaged nonpotentially hazardous beverages, is offered for
20sale for onsite consumption and no food, except for crackers, is
21served.

22(6) Premises operated by a producer, selling or offering for sale
23only whole produce grown by the producer or shell eggs, or both,
24provided the sales are conducted on premises controlled by the
25 producer.

26(7) A commercial food processing establishment as defined in
27Section 111955.

28(8) A child day care facility, as defined in Section 1596.750.

29(9) A community care facility, as defined in Section 1502.

30(10) A residential care facility for the elderly, as defined in
31Section 1569.2.

32(11) A residential care facility for the chronically ill, which has
33the same meaning as a residential care facility, as defined in Section
341568.01.

35(12) Premises set aside by a beer manufacturer, as defined in
36Section 25000.2 of the Business and Professions Code, that comply
37with Section 118375, for the purposes of beer tasting, regardless
38of whether there is a charge for the beer tasting, if no other
39beverage, except for beer and prepackaged nonpotentially
40hazardous beverages, is offered for sale for onsite consumption,
P8    1and no food, except for crackers, pretzels, or prepackaged food
2that is not potentially hazardous food is offered for onsite
3consumption.

4(13) (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(14) A community food producer, as defined in Section 113752.

12(15) Beginning January 1, 2018, a water-driven grist mill that
13is on the National Register of Historic Places and that has onsite
14sales of grain that is milled at the facility.

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