AB 1990, as introduced, Gordon. Urban agricultural production.
Existing law, the California Retail Food Code, establishes uniform health and sanitation standards for retail food facilities and provides for the enforcement of those standards by local health agencies and by the State Department of Public Health, as specified. The code requires farm stands, as defined, to comply with specified requirements governing food safety and sanitation. A violation of the code is a crime.
This bill would authorize, except under a specified circumstance, an urban producer, as defined, to sell or provide whole uncut fruits or vegetables, or unrefrigerated shell eggs, directly to the public or to a permitted restaurant if the urban producer meets specified requirements, including that the produce is labeled with the name and address of the urban producer. The bill would also authorize an enforcement officer to enter into and inspect the operations of an urban producer in response to a food safety recall or food safety complaint. The bill would also authorize the enforcement officer to recover reasonable costs associated with that inspection from the urban producer.
Because the bill would create new crimes and would impose additional duties on local food inspectors, the bill would impose 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 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 113932.5 is added to the Health and
2Safety Code, to read:
“Urban producer” means a producer on land that is
4in compliance with applicable local land use and zoning
5restrictions, including, but not limited to, restrictions governing
6community gardens, school gardens, and culinary gardens, without
7regard to whether the land is zoned for agricultural use.
The heading of Chapter 12.5 (commencing with
9Section 114375) of Part 7 of Division 104 of the Health and Safety
10Code is amended to read:
11
Section 114376 is added to the Health and Safety Code,
16to read:
Unless a local jurisdiction adopts an ordinance
18regulating urban agricultural production that prohibits the activity,
19an urban producer may sell or provide whole uncut fruits or
20vegetables, or unrefrigerated shell eggs, directly to the public or
21to a permitted restaurant if the urban producer meets both of the
22following requirements:
P3 1(a) Produce shall be grown or produced in compliance with
2subdivision (b) of Section 113735.
3(b) Produce shall be labeled with the name and address of the
4urban producer.
Section 114376.5 is added to the Health and Safety
6Code, to read:
An enforcement officer, as defined in Section
8113774, may enter into and inspect the operations of an urban
9producer in response to a food safety recall or food safety
10complaint. The enforcement officer may recover reasonable costs
11associated with that inspection from the urban producer.
No reimbursement is required by this act pursuant to
13Section 6 of Article XIII B of the California Constitution for certain
14costs that may be incurred by a local agency or school district
15because, in that regard, this act creates a new crime or infraction,
16eliminates a crime or infraction, or changes the penalty for a crime
17or infraction, within the meaning of Section 17556 of the
18Government Code, or changes the definition of a crime within the
19meaning of Section 6 of Article XIII B of the California
20Constitution.
21However, if the Commission on State Mandates determines that
22this act contains other costs mandated by the state, reimbursement
23to local agencies and school districts for those costs
shall be made
24pursuant to Part 7 (commencing with Section 17500) of Division
254 of Title 2 of the Government Code.
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