AB 1990, as amended, Gordon. Community food 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, a community food producer or a gleaner, 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 community food producer meets specified requirements, including that the produce is labeled with the name and address of the community food producerbegin insert, and that the community food producer registers with the local city or county health enforcement officeend insert. The bill would also authorize an enforcement officer to enter into and inspect the operations of a community food producer in response to a food safety recall or food safety complaint. The bill would authorize an enforcement officer to issue a cease and desist order for violations of these provisions, which would prohibit the community food producer from further sales until the operations of the community food producer are reinspected and cleared by the enforcement officer’s agency. The bill would also authorize the enforcement officer to recover reasonable costs associated with an inspection from the community food 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 113752 is added to the Health and Safety
2Code, to read:
“Community food producer” means a producer of
4agricultural products on land that is not zoned for agricultural use
5but is otherwise in compliance with applicable local land use and
6zoning restrictions, including, but not limited to, restrictions
7governing personal gardens, community gardens, school gardens,
8and culinary gardens.
Section 113789 of the Health and Safety Code is
10amended to read:
(a) “Food facility” means an operation that stores,
12prepares, packages, serves, vends, or otherwise provides food for
13human consumption at the retail level, including, but not limited
14to, the following:
P3 1(1) An operation where food is consumed on or off the premises,
2regardless of whether there is a charge for the food.
3(2) Any place used in conjunction with the operations described
4in this subdivision, including, but not limited to, storage facilities
5for food-related utensils, equipment, and materials.
6(b) “Food facility” includes permanent and nonpermanent food
7facilities,
including, but not limited to, the following:
8(1) Public and private school cafeterias.
9(2) Restricted food service facilities.
10(3) Licensed health care facilities, except as provided in
11paragraph (13) of subdivision (c).
12(4) Commissaries.
13(5) Mobile food facilities.
14(6) Mobile support units.
15(7) Temporary food facilities.
16(8) Vending machines.
17(9) Certified farmers’ markets, for purposes of permitting and
18enforcement pursuant to Section 114370.
19(10) Farm stands, for purposes of permitting and enforcement
20pursuant to Section 114375.
21(c) “Food facility” does not include any of the following:
22(1) A cooperative arrangement wherein no permanent facilities
23are used for storing or handling food.
24(2) A private home, including a cottage food operation that is
25registered or has a permit pursuant to Section 114365.
26(3) A church, private club, or other nonprofit association that
27gives or sells food to its members and guests, and not to the general
28public,
at an event that occurs not more than three days in any
2990-day period.
30(4) A for-profit entity that gives or sells food at an event that
31occurs not more than three days in a 90-day period for the benefit
32of a nonprofit association, if the for-profit entity receives no
33monetary benefit, other than that resulting from recognition from
34participating in an event.
35(5) Premises set aside for wine tasting, as that term is used in
36Section 23356.1 of the Business and Professions Code and in the
37regulations adopted pursuant to that section, that comply with
38Section 118375, regardless of whether there is a charge for the
39wine tasting, if no other beverage, except for bottles of wine and
40prepackaged nonpotentially hazardous beverages, is offered for
P4 1sale for onsite consumption and no
food, except for crackers, is
2served.
3(6) Premises operated by a producer, selling or offering for sale
4only whole produce grown by the producer, or shell eggs, or both,
5provided the sales are conducted on premises controlled by the
6
producer.
7(7) A commercial food processing plant as defined in Section
8111955.
9(8) A child day care facility, as defined in Section 1596.750.
10(9) A community care facility, as defined in Section 1502.
11(10) A residential care facility for the elderly, as defined in
12Section 1569.2.
13(11) A residential care facility for the chronically ill, which has
14the same meaning as a residential care facility, as defined in Section
151568.01.
16(12) Premises set aside by a beer manufacturer, as defined in
17Section 25000.2 of the Business and
Professions Code, that comply
18with Section 118375, for the purposes of beer tasting, regardless
19of whether there is a charge for the beer tasting, if no other
20beverage, except for beer and prepackaged nonpotentially
21hazardous beverages, is offered for sale for onsite consumption,
22and no food, except for crackers or pretzels, is served.
23(13) (A) An intermediate care facility for the developmentally
24disabled, as defined in subdivisions (e), (h), and (m) of Section
251250, with a capacity of six beds or fewer.
26(B) A facility described in subparagraph (A) shall report any
27foodborne illness or outbreak to the local health department and
28to the State Department of Public Health within 24 hours of the
29illness or outbreak.
30(14) A community food producer, as defined in Section 113752.
Section 113796 is added to the Health and Safety Code,
32to read:
“Gleaner” means a person who legally gathers
34remnants of an agricultural crop or harvests part of, or all of, an
35agricultural crop made available by the owner of the agricultural
36crop.
The heading of Chapter 12.5 (commencing with
38Section 114375) of Part 7 of Division 104 of the Health and Safety
39Code is amended to read:
Section 114376 is added to the Health and Safety Code,
5to read:
Unless a local jurisdiction adopts an ordinance
7regulating community food production or agricultural production
8that prohibits the activity, a community food producer or gleaner
9may sell or provide whole uncut fruits or vegetables, or
10unrefrigerated shell eggs, directly to the public, to a permitted
11restaurant, or a cottage food operation if the community food
12producer meets all of the following requirements:
13(a) Agricultural products shall be grown or produced in
14compliance with subdivision (b) of Section 113735.
15(b) Agricultural products shall be labeled with the name and
16address of the community food producer.
17(c) Conspicuous signage shall be provided in lieu of a product
18label if the agricultural product is being sold by the community
19food producer on the site of production.begin insert The signage shall include,
20but not be limited to, the name and address of the community food
21producer.end insert
22(d) Registration with the local city or county health enforcement
23office, including, but not limited to, the name, address, and phone
24number of the community food producer, shall be required.
Section 114376.5 is added to the Health and Safety
26Code, to read:
(a) An enforcement officer, as defined in Section
28113774, may enter into and inspect the operations of a community
29food producer in response to a food safety recall or food safety
30complaint. The enforcement officer may recover reasonable costs
31associated with an inspection from the
community food producer.
32(b) (1) An enforcementbegin delete offerend deletebegin insert officerend insert may issue a community
33food producer a cease and desist order for violations of Section
34114376, upon which the community food producer shall be
35prohibited from further sales until the operations of the community
36food producer have been reinspected and cleared by the
37enforcement officer’s agency.
38(2) At any time within 15 calendar days after issuance of the
39cease and desist order, the community food producer may request
40in writing a hearing before a hearing officer to show cause why
P6 1the prohibition of further sales
is not warranted. The hearing shall
2be held within 15 calendar days of the receipt of a request for a
3hearing. A failure to request a hearing within 15 calendar days
4shall be deemed a waiver of the right to a hearing.
5(c) Violations of Section 114376 shall be subject to the penalties
6specified in Section 114395.
No reimbursement is required by this act pursuant to
8Section 6 of Article XIII B of the California Constitution for certain
9costs that may be incurred by a local agency or school district
10because, in that regard, this act creates a new crime or infraction,
11eliminates a crime or infraction, or changes the penalty for a crime
12or infraction, within the meaning of Section 17556 of the
13Government Code, or changes the definition of a crime within the
14meaning of Section 6 of Article XIII B of the California
15Constitution.
16However, if the Commission on State Mandates determines that
17this act contains other costs
mandated by the state, reimbursement
18to local agencies and school districts for those costs shall be made
19pursuant to Part 7 (commencing with Section 17500) of Division
204 of Title 2 of the Government Code.
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