BILL NUMBER: AB 1616 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 25, 2012
AMENDED IN ASSEMBLY APRIL 10, 2012
INTRODUCED BY Assembly Member Gatto
( Coauthors: Assembly Members
Huffman, Nestande, V. Manuel Pérez,
and Wieckowski )
( Coauthor: Senator
DeSaulnier )
FEBRUARY 8, 2012
An act to amend Sections 110460, 111940,
111955, 113789, 114021, and 114023 of, and to add Article 5
(commencing with Section 113400) to Chapter 11 of to
add Section 113758 to, and to add Chapter 11.5 (commencing with
Section 114365) to Part 6 7 of
Division 104 of, the Health and Safety Code, relating to food safety.
LEGISLATIVE COUNSEL'S DIGEST
AB 1616, as amended, Gatto. Food safety: cottage food operations.
Existing law, the Sherman Food, Drug, and Cosmetic Law (Sherman
Law), requires the State Department of Public Health to regulate the
manufacture, sale, labeling, and advertising activities related to
food, drugs, devices, and cosmetics in conformity with the Federal
Food, Drug, and Cosmetic Act. The Sherman Law makes it unlawful to
manufacture, sell, deliver, hold, or offer for sale any food that is
misbranded. Food is misbranded if its labeling does not conform to
specified federal labeling requirements regarding nutrition, nutrient
content or health claims, and food allergens. Violation of this law
is a misdemeanor.
The existing California Retail Food Code provides for the
regulation of health and sanitation standards for retail food
facilities, as defined , by the State Department of Public
Health. Under existing law, local health agencies are primarily
responsible for enforcing the California Retail Food Code. That law
also prohibits exempts private homes from the
definition of a food facility, and prohibits food stored or
prepared in a private home from being used or offered for sale in a
food facility. A violation of these provisions is a misdemeanor.
This bill would exempt include a
cottage food operation, as defined, that is registered or has a
permit within the private home exemption of the California Retail
Food Code. The bill would also exclude a cottage food operation
from specified food processing establishment ,
and Sherman Law , and California Retail Food Code
requirements. This bill would create a
classification system for require a cottage food
operations and would require these classifications
operation to meet specified requirements
relating to training, sanitation, labeling, and permissible types of
sales. This bill would require the local health department
to adopt implementing regulations, as specified, and procedures for
registration and permitting systems for each classification. This
bill would also authorize local health officials to access the
registered or permitted area of a private home where a cottage food
operation is located for purposes of inspection, as specified. This
bill would prescribe civil penalties for a violation of its
provisions.
By imposing duties on local officials and adding new crimes
, this bill would create 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, 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.
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 with regard to certain mandates no
reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all of the
following:
(a) Small businesses have played an important role in helping slow
economies recover and prosper as an engine of job creation. During
the 1990s, small businesses created the majority of new jobs and now
account for 65 percent of United States employment.
(b) California, and the United States as a whole, are facing
growing obesity and obesity-related disease epidemics.
(1) Two-thirds of American adults and nearly one-third of children
and teens are obese or overweight, placing them at risk for
developing chronic diseases such as diabetes, heart disease, and
cancer.
(2) One in every nine California children, one in three teens, and
over half of adults are already overweight or obese. This epidemic
affects virtually all Californians.
(3) These health conditions are preventable and curable through
lifestyle choices that include consumption of healthy fresh foods.
(c) For decades, low-income and rural communities have faced
limited opportunities to purchase healthy foods. Often, without cars
or convenient public transportation options, low-income residents in
these areas must rely for much of their shopping on expensive, fatty,
processed foods sold at convenience and corner stores.
(d) There is a growing movement in California to support
community-based food production, sometimes referred to as "cottage
food," "artisanal food," "slow food," "locally based food," or "urban
agriculture" movements. These movements seek to connect food to
local communities, small businesses, and environmental
sustainability.
(e) Increased opportunities for entrepreneur development through
microenterprises can help to supplement household incomes, prevent
poverty and hunger, and strengthen local economies.
(f) At least 25 other states have passed laws that allow small
business entrepreneurs to use their home kitchens to prepare, for
sale, foods that are not potentially hazardous.
(g) Even some bake sales are currently illegal in California.
(h) It is the intent of the Legislature to enact a homemade food
act specifically designed to help address these challenges and
opportunities.
SEC. 2. Section 110460 of the Health and Safety Code is amended to
read:
110460. No person shall engage in the manufacture, packing, or
holding of any processed food in this state unless the person has a
valid registration from the department, except those engaged
exclusively in the storing, handling, or processing of dried beans.
The registration shall be valid for one calendar year from the date
of issue, unless it is revoked. The registration shall not be
transferable. This section shall not apply to a cottage food
operation , as defined in Section 113401 that
is registered or has a permit pursuant to Section 114365 .
SEC. 3. Section 111940 of the Health and Safety
Code is amended to read:
111940. (a) If any person violates any provision of Chapter 4
(commencing with Section 111950), Chapter 5 (commencing with Section
112150), Chapter 6 (commencing with Section 112350), Chapter 7
(commencing with Section 112500), Chapter 8 (commencing with Section
112650), Chapter 10 (commencing with Section 113025), Article 3
(commencing with Section 113250) of Chapter 11, or Article 5
(commencing with Section 113400) of Chapter 11, of this part, or
Chapter 4 (commencing with Section 108100) of Part 3, or any
regulation adopted pursuant to these provisions, the department may
assess a civil penalty against that person as provided by this
section.
(b) The penalty may be in an amount not to exceed one thousand
dollars ($1,000) per day. Each day that a violation continues shall
be considered a separate violation.
(c) If, after examination of a possible violation and the facts
surrounding that possible violation, the department concludes that a
violation has occurred, the department may issue a complaint to the
person charged with the violation. The complaint shall allege the
acts or failures to act that constitute the basis for the violation
and the amount of the penalty. The complaint shall be served by
personal service or by certified mail and shall inform the person so
served of the right to a hearing.
(d) Any person served with a complaint pursuant to subdivision (c)
of this section may, within 20 days after service of the complaint,
request a hearing by filing with the department a notice of defense.
A notice of defense is deemed to have been filed within the 20-day
period if it is postmarked within the 20-day period. If a hearing is
requested by the person, it shall be conducted within 90 days after
the receipt by the department of the notice of defense. If no notice
of defense is filed within 20 days after service of the complaint,
the department shall issue an order setting the penalty as proposed
in the complaint unless the department and the person have entered
into a settlement agreement, in which case the department shall issue
an order setting the penalty in the amount specified in the
settlement agreement. When the person has not filed a notice of
defense or where the department and the person have entered into a
settlement agreement, the order shall not be subject to review by any
court or agency.
(e) Any hearing required under this section shall be conducted
pursuant to the procedures specified in Section 100171, except to the
extent they are inconsistent with the specific requirements of this
section.
(f) Orders setting civil penalties under this section shall become
effective and final upon issuance thereof, and payment shall be made
within 30 days of issuance. A copy of the order shall be served by
personal service or by certified mail upon the person served with the
complaint.
(g) Within 30 days after service of a copy of a decision issued by
the director after a hearing, any person so served may file with the
superior court a petition for writ of mandate for review of the
decision. Any person who fails to file the petition within this
30-day period may not challenge the reasonableness or validity of the
decision or order of the director in any judicial proceeding brought
to enforce the decision or order or for other remedies. Section
1094.5 of the Code of Civil Procedure shall govern any proceedings
conducted pursuant to this subdivision. In all proceedings pursuant
to this subdivision, the court shall uphold the decision of the
director if the decision is based upon substantial evidence in the
whole record. The filing of a petition for writ of mandate shall not
stay any corrective action required pursuant to the Miscellaneous
Food, Food Facility, and Hazardous Substances Act, as defined in
subdivision (b) of Section 27, or the accrual of any penalties
assessed pursuant to this section. This subdivision does not prohibit
the court from granting any appropriate relief within its
jurisdiction.
(h) The remedies under this section are in addition to, and do not
supersede, or limit, any and all other remedies, civil or criminal.
SEC. 4. SEC. 3. Section 111955 of
the Health and Safety Code is amended to read:
111955. "Food processing establishment," as used in this chapter,
shall mean any room, building, or place or portion thereof,
maintained, used, or operated for the purpose of commercially
storing, packaging, making, cooking, mixing, processing, bottling,
canning, packing, slaughtering, or otherwise preparing or handling
food except restaurants. "Food processing establishment" shall not
include a cottage food operation , as defined in Section
113401 that is registered or has a permit pursuant to
Section 114365 .
SEC. 5. Article 5 (commencing with Section
113400) is added to Chapter 11 of Part 6 of Division 104 of the
Health and Safety Code, to read:
Article 5. Cottage Food Operations
113400. This article shall be known, and may be cited, as the
California Homemade Food Act.
113401. Unless the context otherwise requires, the meaning of
terms used in this article, as applicable, shall be the same as the
definitions found under the California Retail Food Code (Part 7
(commencing with Section 113700)). Additionally, for the purposes of
this article, the following definitions apply:
(a) "Adulterated" means either of the following:
(1) Food that bears or contains any poisonous or deleterious
substance that may render the food impure or injurious to health.
(2) Food that is manufactured, prepared, or stored in a manner
that deviates from a HACCP plan, as defined in Section 113801, so as
to pose a discernable increase in risk.
(b) "Cottage food operation" means an enterprise operated in a
private home where cottage food products are prepared or packaged to
be sold directly to consumers, including through the Internet or mail
order, and to in-state retail food facilities pursuant to this
article.
(1) "Class "A" cottage food operation" means a type of cottage
food operation that meets the requirements of Section 113411.
(2) "Class "B" cottage food operation" means a type of cottage
food operation that meets the requirements of Section 113412.
(c) "Cottage food operator" means an individual who operates a
cottage food operation in his or her private home and is the owner of
the cottage food operation.
(d) "Cottage food products" means foods that are prepared for sale
in the home kitchen of a person's primary private home and are not
potentially hazardous food, as defined in Section 113871.
(e) "Direct sale" means a transaction between a cottage food
operation operator and a consumer, where the consumer is purchasing
the cottage food product directly from the cottage food operation.
Direct sales include, but are not limited to, holiday bazaars,
temporary events such as bake sales, farm stands, certified farmers'
markets, community-supported agriculture subscriptions, food swaps,
and sales occurring directly in the home.
(f) "Employee" means an individual, paid or volunteer, who is
involved in the preparation, packaging, handling, and storage of a
cottage food product, or otherwise works for the cottage food
operation. An employee does not include an immediate family member or
household member of the cottage food operation operator.
(g) "Home kitchen" means a kitchen primarily intended for use by
residents of a private home. It may contain one or more stoves or
ovens, including a double oven, and shall be designed for residential
use.
(h) "Indirect sale" means an interaction between a cottage food
operation, a third-party retailer, and a consumer, where the consumer
is purchasing cottage food products, made by the cottage food
operation, from a third-party retailer. Indirect sales include, but
are not limited to, sales made to retail shops and restaurants, sales
through an Internet Web site operated by the cottage food operation,
and sales made through third-party-operated Internet Web sites.
(i) "Registered or permitted area" means the portion of a private
home where the preparation, packaging, storage, or handling of
cottage food products, ingredients, or equipment occurs.
(j) "Potentially hazardous food" has the meaning provided in
Section 113871.
(k) "Private home" means a dwelling, or an area within a rental
unit, where individuals reside.
113402. (a) The department shall establish a list of permissible
foods to be sold by a cottage food operation. The list shall be
limited to foods that are not potentially hazardous and shall
include, but not be limited to, all of the following:
(1) Baked goods without cream, custard, or meat fillings, such as
breads, tortillas, cookies, churros, and pastries.
(2) Jams, jellies, preserves, and fruit butter.
(3) Candy, such as toffee and brittle.
(4) Fruit pies, and fruit or vegetable tamales and empanadas.
(5) Granola and other dried cereal.
(6) Popcorn.
(7) Waffle cones and pizelles.
(8) Nut mixes.
(9) Chocolate-covered nonperishable foods, such as nuts and dried
fruit.
(10) Roasted coffee and dried tea.
(11) Dry baking mixes.
(12) Herb blends and dried mole paste.
(13) Honey and sweet sorghum syrup.
(14) Dried fruit.
(15) Dried pasta.
(16) Rice cakes and rice noodles.
(17) Vinegar and mustard.
(18) Kombucha.
(b) The list of permissible foods described in subdivision (a)
shall not be restricted by a local government.
113403. The local health department shall adopt regulations
reasonably necessary to implement this article. The regulations shall
include, but are not limited to, all of the following:
(a) (1) Procedures for a registration system, including provisions
for reasonable fees, for Class "A" cottage food operations. The fees
shall not exceed the reasonable regulatory costs of administering
the registration system.
(2) The registration system shall include the following:
(A) A self-certification checklist, verifying that the cottage
food operation will follow best management practices, as determined
by the local health department. The best management practices shall
further the intent and purpose of this article.
(B) Notice to the applicant that the local health department may
seek recovery for the costs associated with an inspection of a Class
"A" cottage food operation found to be in violation of this article
or regulations adopted pursuant to this article. The recovery shall
not exceed the local health department's reasonable costs incurred
inspecting the cottage food operation.
(b) (1) Procedures for a permitting system, including provisions
for reasonable fees, for Class "B" cottage food operations. The fees
shall not exceed the reasonable regulatory costs of administering the
permitting system.
(2) The permitting system shall include an initial inspection of
the cottage food operation premises before a permit is issued to the
applicant.
(c) Appropriate and reasonable sanitary procedures, in addition to
those required by this article.
113404. A cottage food operation is subject to the following
requirements:
(a) Preparation, packaging, or handling of cottage food products
shall not occur in the home kitchen simultaneously with any other
domestic activities. Prohibited activities may include, but are not
limited to:
(1) Family meal preparation.
(2) Dishwashing unrelated to cottage food production.
(3) Clothes washing or ironing.
(4) Kitchen cleaning unrelated to cottage food production.
(b) Infants, small children, or pets shall not be allowed in the
home kitchen during the preparation, packaging, or handling of any
cottage food products.
(c) All food contact surfaces, equipment, and utensils used for
the preparation, packaging, or handling of any cottage food products
shall be washed, rinsed, and sanitized before each use.
(d) All food preparation and food equipment storage areas shall be
maintained free of rodents and insects.
(e) A person involved in the preparation and packaging of cottage
food products shall comply with all of the following:
(1) The person may not work in the home kitchen when sick with a
contagious illness.
(2) The person shall wash his or her hands before any food
preparation and food packaging activity.
(f) Preparation, packaging, handling, or storage of cottage food
products shall take place only within the registered or permitted
area.
113405. Water used during the preparation of cottage food
products shall meet the potable drinking water standards in the
California Safe Drinking Water Act (Chapter 4 (commencing with
Section 116270)) and any other requirements with regard to potable
water, as defined by Section 113869. This includes water used for all
of the following:
(a) The washing, sanitizing, and drying of any equipment used in
the preparation of a cottage food product.
(b) The washing, sanitizing, and drying of hands and arms.
(c) The preparation of the cottage food products.
113406. (a) A cottage food operation shall package and label any
food it produces or packages for sale in compliance with the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 343-1 et seq.).
(b) A cottage food operation shall include on its cottage food
package a statement of disclosure informing the consumer that the
cottage food product was prepared in a private home.
113407. A cottage food operation shall not have more than one
employee, not including the cottage food operator.
113408. An employee, or persons who otherwise work for the
cottage food operation, shall complete a food handler course, as
approved by the local health department, prior to commencing
employment or work with the cottage food operation.
113409. A cottage food operation shall not have more than fifty
thousand dollars ($50,000) in gross annual sales.
113410. All of the following shall apply to cottage food
operations:
(a) A city, county, or city and county shall not prohibit cottage
food operations in any residential dwellings, but shall do one of the
following:
(1) Classify these operations as a permitted use of residential
property for zoning purposes.
(2) Grant a nondiscretionary permit to use a residence as any
cottage food operation that complies with local ordinances
prescribing reasonable standards, restrictions, and requirements
concerning spacing and concentration, traffic control, parking, and
noise control relating to those homes. Any noise standards shall be
consistent with local noise ordinances implementing the noise element
of the general plan. The permit issued pursuant to this paragraph
shall be granted by the zoning administrator, or if there is no
zoning administrator, by the person or persons designated by the
planning agency to grant these permits, upon the certification
without a hearing.
(3) Require any cottage food operation to apply for a permit to
use a residence for its operation. The zoning administrator, or if
there is no zoning administrator, the person or persons designated by
the planning agency to handle the use permits, shall review and
decide the applications. The use permit shall be granted if the
cottage food operation complies with local ordinances, if any,
prescribing reasonable standards, restrictions, and requirements
concerning the following factors: spacing and concentration, traffic
control, parking, and noise control relating to those homes. Any
noise standards shall be consistent with local noise ordinances
implementing the noise element of the general plan. The local
government shall process any required permit as economically as
possible. Fees charged for review shall not exceed the costs of the
review and permit process. An applicant may request a verification of
fees, and the city, county, or city and county shall provide the
applicant with a written breakdown within 45 days of the request. The
application form for cottage food operation permits shall include a
statement of the applicant's right to request the written fee
verification.
(b) In connection with any action taken pursuant to paragraph (2)
or (3) of subdivision (a), a city, county, or city and county shall
do all of the following:
(1) Upon the request of an applicant, provide a list of the
permits and fees that are required by the city, county, or city and
county, including information about other permits that may be
required by other departments in the city, county, or city and
county, or by other public agencies. The city, county, or city and
county shall, upon request of any applicant, also provide information
about the anticipated length of time for reviewing and processing
the permit application.
(2) Upon the request of an applicant, provide information on the
breakdown of any individual fees charged in connection with the
issuance of the permit.
(3) If a deposit is required to cover the cost of the permit,
provide information to the applicant about the estimated final cost
to the applicant of the permit, and procedures for receiving a refund
from the portion of the deposit not used.
(c) Use of a residence for the purposes of a cottage food
operation shall not constitute a change of occupancy for purposes of
the State Housing Law (Part 1.5 (commencing with Section 17910) of
Division 13), or for purposes of local building and fire codes.
(d) Cottage food operations shall be considered residences for the
purposes of the State Uniform Building Standards Code and local
building and fire codes.
113411. In addition to other requirements imposed by this
article, a Class "A" cottage food operation shall be subject to all
of the following conditions:
(a) Shall engage only in the direct sale of cottage food products.
(b) Shall register with the local health department in accordance
with regulations implemented pursuant to Section 113403.
(c) (1) Shall not be subject to initial or routine inspections.
(2) (A) For purposes of determining compliance with this article,
a local health official may access, for inspection purposes, the
registered area of a private home where a cottage food operation is
located only if the official has, on the basis of a consumer
complaint, reason to suspect that adulterated or otherwise unsafe
food has been produced by the cottage food operation, or that the
cottage food operation has violated this article.
(B) An inspection pursuant to this subdivision shall be made at a
reasonable time and during regular business hours.
(C) If the official is denied access to the registered area where
access was sought for the purpose of enforcing this article, the
official may apply to a court of competent jurisdiction for, and the
court may issue, a search warrant authorizing access to the
registered area.
(D) Access under this subdivision is limited to the registered
area and solely for the purpose of enforcing or administering this
article.
(E) Pursuant to Section 113403, a Class "A" cottage food operation
found to be in violation of this article, or regulations adopted
pursuant to this article, shall be responsible for the costs incurred
by the local health department in executing the inspection.
113412. In addition to other requirements imposed by this
article, a Class "B" cottage food operation shall be subject to all
of the following conditions:
(a) Shall be permitted to engage in the direct and indirect sale
of cottage food products.
(b) Shall obtain a permit from the local health department in
accordance with regulations implemented pursuant to Section 113403.
The permit shall authorize the cottage food operation to prepare and
sell cottage food products through direct or indirect sales.
(c) (1) Shall be subject to no more than one inspection per year
by the local health department except as provided under paragraph
(2).
(2) (A) For purposes of determining compliance with this article,
a local health official may access, for inspection purposes, the
permitted area of a private home where a cottage food operation is
located only if the official has, on the basis of a consumer
complaint, reason to suspect that adulterated or otherwise unsafe
food has been produced by the cottage food operation, or that the
cottage food operation has violated this article.
(B) An inspection pursuant to this subdivision shall be made at a
reasonable time and during regular business hours.
(C) If the official is denied access to the permitted area where
access was sought for the purpose of enforcing this article, the
official may apply to court of competent jurisdiction for, and the
court may issue, a search warrant authorizing access to the
permitted area.
(D) Access under this subdivision is limited to the permitted area
and solely for the purpose of enforcing or administering this
article.
SEC. 4. Section 113758 is added to the
Health and Safety Code , to read:
113758. (a) "Cottage food operation" means an enterprise that has
not more than fifty thousand dollars ($50,000) in gross annual sales
and is operated by a cottage food operator and not more than one
cottage food employee within the registered or permitted area of a
private home where cottage food products are prepared or packaged for
direct, indirect, or direct and indirect sale to consumers pursuant
to this part. A cottage food operation includes both of the
following:
(1) A "Class A" cottage food operation that only directly sells
cottage food products.
(2) A "Class B" cottage food operation that directly, indirectly,
or directly and indirectly sells cottage food products.
(b) For purposes of this section, the following definitions shall
apply:
(1) "Cottage food employee" means an individual, paid or
volunteer, who is involved in the preparation, packaging, handling,
and storage of a cottage food product, or otherwise works for the
cottage food operation. An employee does not include an immediate
family member or household member of the cottage food operation
operator.
(2) "Cottage food operator" means an individual who operates a
cottage food operation in his or her private home and is the owner of
the cottage food operation.
(3) "Cottage food products" means not potentially hazardous foods,
subject to approval by the department, that are prepared for sale in
the kitchen of a cottage food operation.
(4) "Direct sale" means a transaction between a cottage food
operation operator and a consumer, where the consumer purchases the
cottage food product directly from the cottage food operation. A
direct sale includes, but is not limited to, transactions within
holiday bazaars, during a temporary event, including a bake sale,
farm stands, certified farmers' markets, community-supported
agriculture subscriptions, food swaps, and transactions occurring in
person in the home.
(5) "Indirect sale" means an interaction between a cottage food
operation, a third-party retailer, and a consumer, where the consumer
purchases cottage food products made by the cottage food operation
from a third-party retailer. Indirect sales include, but are not
limited to, sales made to retail shops and retail food facilities
where food may be immediately consumed on the premises.
(6) "Private home" means a dwelling, including an apartment or
other leased space, where individuals reside.
(7) "Registered or permitted area" means the portion of a private
home used for the preparation, packaging, storage, or handling of
cottage food products and related ingredients or equipment, or both.
SEC. 6. SEC. 5. Section 113789 of
the Health and Safety Code is amended to read:
113789. (a) "Food facility" means an operation that stores,
prepares, packages, serves, vends, or otherwise provides food for
human consumption at the retail level, including, but not limited to,
the following:
(1) An operation where food is consumed on or off the premises,
regardless of whether there is a charge for the food.
(2) Any place used in conjunction with the operations described in
this subdivision, including, but not limited to, storage facilities
for food-related utensils, equipment, and materials.
(b) "Food facility" includes permanent and nonpermanent food
facilities, including, but not limited to, the following:
(1) Public and private school cafeterias.
(2) Restricted food service facilities.
(3) Licensed health care facilities.
(4) Commissaries.
(5) Mobile food facilities.
(6) Mobile support units.
(7) Temporary food facilities.
(8) Vending machines.
(9) Certified farmers' markets, for purposes of permitting and
enforcement pursuant to Section 114370.
(10) Farm stands, for purposes of permitting and enforcement
pursuant to Section 114375.
(c) "Food facility" does not include any of the following:
(1) A cooperative arrangement wherein no permanent facilities are
used for storing or handling food.
(2) A private home, including a cottage food operation ,
as defined in Section 113401 that is registered or has
a permit pursuant to Section 114365 .
(3) A church, private club, or other nonprofit association that
gives or sells food to its members and guests, and not to the general
public, at an event that occurs not more than three days in any
90-day period.
(4) A for-profit entity that gives or sells food at an event that
occurs not more than three days in a 90-day period for the benefit of
a nonprofit association, if the for-profit entity receives no
monetary benefit, other than that resulting from recognition from
participating in an event.
(5) Premises set aside for wine tasting, as that term is used in
Section 23356.1 of the Business and Professions Code and in the
regulations adopted pursuant to that section, that comply with
Section 118375, regardless of whether there is a charge for the wine
tasting, if no other beverage, except for bottles of wine and
prepackaged nonpotentially hazardous beverages, is offered for sale
for onsite consumption and no food, except for crackers, is served.
(6) Premises operated by a producer, selling or offering for sale
only whole produce grown by the producer, or shell eggs, or both,
provided the sales are conducted on premises controlled by the
producer.
(7) A commercial food processing plant as defined in Section
111955.
(8) A child day care facility, as defined in Section 1596.750.
(9) A community care facility, as defined in Section 1502.
(10) A residential care facility for the elderly, as defined in
Section 1569.2.
(11) A residential care facility for the chronically ill, which
has the same meaning as a residential care facility, as defined in
Section 1568.01.
(12) Premises set aside by a beer manufacturer, as defined in
Section 25000.2 of the Business and Professions Code, that comply
with Section 118375, for the purposes of beer tasting, regardless of
whether there is a charge for the beer tasting, if no other beverage,
except for beer and prepackaged nonpotentially hazardous beverages,
is offered for sale for onsite consumption, and no food, except for
crackers or pretzels, is served.
SEC. 7. SEC. 6. Section 114021 of
the Health and Safety Code is amended to read:
114021. (a) Food shall be obtained from sources that comply with
all applicable laws.
(b) Food stored or prepared in a private home shall not be used or
offered for sale in a food facility, unless that food is prepared by
a cottage food operation that meets the requirements of
Article 5 (commencing with Section 113400) of Chapter 11 of Part 6
is registered or has a permit pursuant to Section
114365 .
SEC. 8. SEC. 7. Section 114023 of
the Health and Safety Code is amended to read:
114023. Food in a hermetically sealed container shall be obtained
from a food processing plant that is regulated by the food
regulatory agency that has jurisdiction over the plant, or from a
cottage food operation that meets the requirements of
Article 5 (commencing with Section 113400) of Chapter 11 of Part 6
is registered or has a permit pursuant to Section
114365 .
SEC. 9. 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.
SEC. 8. Chapter 11.5 (commencing with Section
114365) is added to Part 7 of Division 104 of the Health
and Safety Code , to read:
CHAPTER 11.5. COTTAGE FOOD OPERATIONS
114365. (a) (1) A "Class A" cottage food operation shall not be
open for business unless it is registered with the local enforcement
agency in a manner that includes a self-certification checklist
approved by the local enforcement agency that verifies that the
cottage food operation conforms to this chapter and with the
inspection requirements described on pages 5 and 6 of the April 2012
Regulatory Guidance for Best Practices: Cottage Foods, prepared by
the Association of Food and Drug Officials.
(2) A "Class B" cottage food operation shall not be open for
business unless it obtains a permit from the local enforcement agency
in a manner approved by the local enforcement agency to engage in
the direct and indirect sale of cottage food products.
(b) (1) A registration or permit shall be issued by the
enforcement agency when an investigation has determined that the
proposed cottage food operation and its method of operation conform
to this chapter.
(2) A registration or permit, once issued, is nontransferable. A
registration or permit shall be valid only for the person, location,
type of food sales, or distribution activity, and, unless suspended
or revoked for cause, for the time period indicated.
(c) A local enforcement agency may seek recovery from a cottage
food operation of an amount that does not exceed the local
enforcement agency's reasonable costs of inspecting a "Class A" or
"Class B" cottage food operation for compliance with this chapter.
114365.2. A cottage food operation that is registered or has a
permit issued pursuant to Section 114365 shall be considered a
restricted food service facility for purposes of, and subject to,
Sections 113953.5, 114101, 114130, 114149.1, 114256.1, 114259.5,
114268, 114279, 114285, and 114286. A cottage food operation that is
registered or has a permit also shall be subject to Sections 113715
and 113980 and to all of the following requirements:
(a) A person shall refrain from work in the registered or
permitted area of the cottage food operation with a contagious
illness.
(b) A person involved in the preparation or packaging of cottage
food products shall keep his or her hands and exposed portions of his
or her arms clean and shall wash his or her hands before any food
preparation or packaging activity in a cottage food operation.
(c) Water used during the preparation of cottage food products
shall meet the potable drinking water standards described in Section
113869, except that a cottage food operation shall not be required to
have an indirect sewer connection. Water used during the preparation
of cottage food products includes both of the following:
(1) The washing, sanitizing, and drying of any equipment used in
the preparation of a cottage food product.
(2) The washing, sanitizing, and drying of hands and arms.
(d) A person who prepares or packages cottage food products shall
complete a food handler course described in Section 113948.
(e) A cottage food operation shall include on its cottage food
package a statement of disclosure informing the consumer that the
cottage food product was prepared in a private home.
114365.5. (a) The department shall adopt and post on its Internet
Web site a list of not potentially hazardous foods that are approved
for sale by a cottage food operation.
(b) This list of not potentially hazardous foods shall include,
but not be limited to, all of the following:
(1) Baked goods without cream, custard, or meat fillings, such as
breads, churros, cookies, pastries, and tortillas.
(2) Candy, such as brittle and toffee.
(3) Chocolate-covered nonperishable foods, such as nuts and dried
fruit.
(4) Dried fruit.
(5) Dried pasta.
(6) Dry baking mixes.
(7) Fruit pies.
(8) Fruit or vegetable empanadas and tamales.
(9) Granola and other dried cereal.
(10) Herb blends and dried mole paste.
(11) Honey and sweet sorghum syrup.
(l2) Jams, jellies, preserves, and fruit butter.
(13) Kombucha.
(14) Nut mixes and nut butters.
(15) Popcorn.
(16) Rice cakes and rice noodles that comply with the handling and
labeling requirements of Sections 111222 and 111223.
(17) Vinegar and mustard.
(18) Roasted coffee and dried tea.
(19) Waffle cones and pizelles.
SEC. 9. No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution for certain costs that may be incurred by a local agency
or school district because, in that regard, 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.
However, if the Commission on State Mandates determines that this
act contains other 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.