BILL NUMBER: SB 1106	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Strickland

                        FEBRUARY 17, 2012

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


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1106, as introduced, Strickland. Food safety.
   Existing law, the Sherman Food, Drug, and Cosmetic Law, prohibits,
with specified exceptions, a person from engaging in the
manufacture, packing, or holding of any processed food in this state
unless the person has a valid registration from the State Department
of Public Health.
   This bill would make a technical, nonsubstantive change to the
exceptions to the registration requirement.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 110480 of the Health and Safety Code is amended
to read:
   110480.  The registration provisions of this article shall not
apply to any person whose manufacturing, packing, or holding of
processed food is limited solely to temporarily holding processed
foods for up to seven days for further transport if the foods are not
potentially hazardous foods, as defined in Section 110005, or to any
person whose manufacturing, packing, or holding of processed food is
limited solely to activities authorized by any of the following:
   (a) A valid bottled water or water vending machine license issued
pursuant to Article 12 (commencing with Section 111070).
   (b) A valid pet food license issued pursuant to Chapter 10
(commencing with Section 113025) of Part 6.
   (c) A valid permit issued pursuant to  Chapter 4 
 Part 7  (commencing with Section 113700)  of Part
7  to a food facility including a food facility that
manufactures, packs, or holds processed food for sale at wholesale,
provided the food facility that manufactures, packs, or holds
processed food for sale at wholesale does not meet any of the
following conditions:
   (1) Has gross annual wholesale sales of processed foods of more
than 25 percent of total food sales.
   (2) Sells processed foods outside the jurisdiction of the local
health department.
   (3) Sells processed foods that require labeling pursuant to this
part.
   (4) Processes or handles fresh seafood, frozen seafood held in
bulk for further processing, or fresh or frozen raw shellfish.
   (5) Salvages processed foods for sale other than at the retail
food facility.
   (d) A valid cold storage license issued pursuant to Chapter 6
(commencing with Section 112350) of Part 6.
   (e) A valid cannery license issued pursuant to Chapter 8
(commencing with Section 112650) of Part 6.
   (f) A valid shellfish certificate issued pursuant to Chapter 5
(commencing with Section 112150) of Part 6.
   (g) A valid frozen food locker plant license issued pursuant to
Chapter 7 (commencing with Section 112500) of Part 6.
   (h) A valid winegrower's license or wine blender's license
pursuant to Division 9 (commencing with Section 23000) of the
Business and Professions Code.
   (i) A valid milk products plant, margarine, imitation ice cream,
imitation ice milk, or a products resembling milk products plant
license, issued pursuant to Division 15 (commencing with Section
32501) of the Food and Agricultural Code.
   (j) A valid permit issued by a local health department to operate
a processing establishment, as defined in Section 111955, that only
holds or warehouses processed food, pursuant to Article 1 (commencing
with Section 111950) of Chapter 4 of Part 6, provided that all of
the following conditions are met:
   (1) The warehouse does not manufacture or pack processed food.
   (2) The warehouse does not hold fresh seafood, frozen seafood held
in bulk for further processing, or fresh or frozen raw shellfish.
   (3) The warehouse is not operated as an integral part of a food
processing facility required to be registered pursuant to Section
110460.
   (4) The warehouse facilities are located entirely within the area
under the jurisdiction of the local health department.
   (5) The warehouse does not salvage food as the primary business.
   (k) This section shall not be construed to limit the authority of
Los Angeles, San Bernardino, and Orange Counties, or of the City of
Vernon, to conduct any inspections otherwise authorized by Chapter 4
(commencing with Section 111950) of Part 6.