Amended in Senate July 1, 2014

Amended in Senate June 16, 2014

Amended in Assembly May 15, 2014

Amended in Assembly April 22, 2014

Amended in Assembly April 2, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 1990

Introduced by Assembly Member Gordon

(Coauthor: Assembly Member Gatto)

February 20, 2014

An act to amend Section 113789 of, to amend the heading of Chapter 12.5 (commencing with Section 114375) of Part 7 of Division 104 of, and to add Sections 113752, 113796, 114376, and 114376.5 to, the Health and Safety Code, relating to community food production.

LEGISLATIVE COUNSEL’S DIGEST

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 producer and that egg production is limited to 15 dozen eggs per month. The bill would authorize a city or county health enforcement office to require a community food producer begin insert or gleaner end insert to register with the city or county and to provide specified information, including, but not limited to, the name, address, and telephone number of the community food producer begin insert or gleaner end insert . The bill would also authorize an enforcement officer to enter into and inspect the operations of a community food producer begin insert or gleaner end insert 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 begin insert or gleaner end insert from further sales until the operations of the community food producer begin insert or gleaner end insert 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 begin insert or gleaner end insert .

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 1.  

Section 113752 is added to the Health and Safety
Code, to read:

113752.  

“Community food producer” means a producer of
agricultural products on land that is not zoned for agricultural use
but is otherwise in compliance with applicable local land use and
zoning restrictions, including, but not limited to, restrictions
governing personal gardens, community gardens, school gardens,
and culinary gardens.

SEC. 2.  

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, except as provided in
paragraph (13) of subdivision (c).

(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 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 establishment 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.

(13) (A) An intermediate care facility for the developmentally
disabled, as defined in subdivisions (e), (h), and (m) of Section
1250, with a capacity of six beds or fewer.

(B) A facility described in subparagraph (A) shall report any
foodborne illness or outbreak to the local health department and
to the State Department of Public Health within 24 hours of the
illness or outbreak.

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

SEC. 3.  

Section 113796 is added to the Health and Safety Code,
to read:

113796.  

“Gleaner” means a person who legally gathers
remnants of an agricultural crop or harvests part of, or all of, an
agricultural crop made available by the owner of the agricultural
crop.

SEC. 4.  

The heading of Chapter 12.5 (commencing with
Section 114375) of Part 7 of Division 104 of the Health and Safety
Code is amended to read:

 

Chapter  12.5. Farm Stands and Community Food
Production

 

SEC. 5.  

Section 114376 is added to the Health and Safety Code,
to read:

114376.  

(a) Unless a local jurisdiction adopts an ordinance
regulating community food production or agricultural production
that prohibits the activity, a community food producer or gleaner
may sell or provide whole uncut fruits or vegetables, or
unrefrigerated shell eggs, directly to the public, to a permitted
restaurant, or a cottage food operation if the community food
producer meets all of the following requirements in addition to
any requirements imposed by an ordinance adopted by a local
jurisdiction:

(1) Agricultural products shall be grown or produced in
compliance with subdivision (b) of Section 113735.

(2) Agricultural products shall be labeled with the name and
address of the community food producer.

(3) Conspicuous signage shall be provided in lieu of a product
label if the agricultural product is being sold by the community
food producer on the site of production. The signage shall include,
but not be limited to, the name and address of the community food
producer.

(4) Best management practices as described by the Department
of Food and Agriculture regarding small farm food safety
guidelines on, but not limited to, safe production, processing, and
handling of both nonpotentially hazardous and potentially
hazardous foods.

(5) Egg production shall be limited to 15 dozen eggs per month.

(b) A local city or county health enforcement office may require
a community food producer begin insert or gleaner end insert to register with the city or
county and to provide specified information, including, but not
limited to, the name, address, and telephone number of the
community food producer begin insert or gleaner end insert .

SEC. 6.  

Section 114376.5 is added to the Health and Safety
Code, to read:

114376.5.  

(a) An enforcement officer, as defined in Section
113774, may enter into and inspect the operations of a community
food producer begin insert or gleaner end insert in response to a food safety recall or
food safety complaint. The enforcement officer may recover
reasonable costs associated with an inspection from the community
food producer begin insert or gleaner end insert .

(b) (1) An enforcement officer may issue a community food
producer begin insert or gleaner end insert a cease and desist order for violations of
Section 114376, upon which the community food producer begin insert or
glea end insert begin insert ner end insert shall be prohibited from further sales until the operations
of the community food producer begin insert or gleaner end insert have been reinspected
and cleared by the enforcement officer’s agency.

(2) At any time within 15 calendar days after issuance of the
cease and desist order, the community food producer begin insert or gleaner end insert
may request in writing a hearing before a hearing officer to show
cause why the prohibition of further sales is not warranted. The
hearing shall be held within 15 calendar days of the receipt of a
request for a hearing. A failure to request a hearing within 15
calendar days shall be deemed a waiver of the right to a hearing.

(c) Violations of Section 114376 shall be subject to the penalties
specified in Section 114395.

SEC. 7.  

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.