AB 1990,
as amended, Gordon. begin deleteCommunity food end deletebegin insertFood end insertproduction.
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 or gleaner 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 or gleaner. The bill would also authorize an enforcement officer to enter into and inspect the operations of a community food producer or gleaner 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 or gleaner from further sales until the operations of the community food producer or gleaner 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 or gleaner.
begin insertExisting law makes it unlawful for an egg handler, as defined, to hold, store, transport, or display eggs that are packed or graded for human consumption unless the eggs are held, stored, transported, or displayed consistent with specified requirements. Existing law provides that certified farmers’ markets, as defined, are not required to comply with that provision.
end insertbegin insertThis bill would instead provide that direct marketing activities, including certified farmers’ markets, community food producers, community-supported agriculture, and farm stands, as each of those terms are defined, are not required to comply with the above-described provision relating to an egg handler.
end insertbegin insertThis bill would incorporate additional changes to Section 113789 of the Health and Safety Code, proposed by SB 170 and SB 1235, that would become operative only if this bill and either or both of those bills are chaptered and become effective January 1, 2015, and this bill is chaptered last.
end insertBecause 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:
begin insertSection 27643 of the end insertbegin insertFood and Agricultural Codeend insert
2begin insert is amended to read:end insert
(a) It is unlawful for an egg handler, as defined in
4Section 27510, to hold, store, transport, or display eggs that are
5packed or graded for human consumption unless the eggs are held,
6stored, transported, or displayed consistent withbegin delete allend deletebegin insert bothend insert of the
7following requirements:
8(1) At an average ambient temperature of 45 degrees Fahrenheit,
9or lower.
10(2) At a temperature equal to or less than the temperature
11requirement for holding, storing, transporting, or displaying eggs
12
established by regulations of the United States Department of
13Agriculture in Title 7 of Part 56 of the Code of Federal Regulations
14governing the grading of shell eggs.
15(b) Retail outlets that are regulated by this chapter, except for
16retail outlets located in shell egg packing or distribution facilities,
17are exempt from subdivision (a).
18(c) begin deleteCertified end deletebegin insertDirect marketing activities, including certified end insert
19farmers’ markets, as defined in Sectionbegin delete 113745end deletebegin insert 113742end insert of the
20Health and Safety Code,begin insert
community food producers, as defined in
21Section 113752 of the Health and Safety Code,
22community-supported agriculture, as defined in Section 47060,
23and farm stands, as defined in Section 47050,end insert are not required to
24comply with subdivision (a).
25(d) Transport vehicles may exceed the 45 degree Fahrenheit
26maximum temperature required pursuant to subdivision (a) when
P4 1eggs are either being loaded into the transport vehicle or unloaded
2from the transport vehicle. A transport vehicle shall be deemed to
3be in compliance with subdivision (a) if the transport vehicle is
4equipped and has in operation when eggs are in the transport
5vehicle a refrigeration unit delivering air at a temperature of 45
6degrees Fahrenheit or lower.
Section 113752 is added to the Health and Safety Code,
9to read:
“Community food producer” means a producer of
11agricultural products on land that is not zoned for agricultural use
12but is otherwise in compliance with applicable local land use and
13zoning restrictions, including, but not limited to, restrictions
14governing personal gardens, community gardens, school gardens,
15and culinary gardens.
Section 113789 of the Health and Safety Code is
18amended to read:
(a) “Food facility” means an operation that stores,
20prepares, packages, serves, vends, or otherwise provides food for
21human consumption at the retail level, including, but not limited
22to, the following:
23(1) An operation where food is consumed on or off the premises,
24regardless of whether there is a charge for the food.
25(2) Any place used in conjunction with the operations described
26in this subdivision, including, but not limited to, storage facilities
27for food-related utensils, equipment, and materials.
28(b) “Food facility” includes permanent and nonpermanent food
29facilities,
including, but not limited to, the following:
30(1) Public and private school cafeterias.
31(2) Restricted food service facilities.
32(3) Licensed health care facilities, except as provided in
33paragraph (13) of subdivision (c).
34(4) Commissaries.
35(5) Mobile food facilities.
36(6) Mobile support units.
37(7) Temporary food facilities.
38(8) Vending machines.
39(9) Certified farmers’ markets, for purposes of permitting and
40enforcement pursuant to Section 114370.
P5 1(10) Farm stands, for purposes of permitting and enforcement
2pursuant to Section 114375.
3(c) “Food facility” does not include any of the following:
4(1) A cooperative arrangement wherein no permanent facilities
5are used for storing or handling food.
6(2) A private home, including a cottage food operation that is
7registered or has a permit pursuant to Section 114365.
8(3) A church, private club, or other nonprofit association that
9gives or sells food to its members and guests, and not to the general
10public,
at an event that occurs not more than three days in any
1190-day period.
12(4) A for-profit entity that gives or sells food at an event that
13occurs not more than three days in a 90-day period for the benefit
14of a nonprofit association, if the for-profit entity receives no
15monetary benefit, other than that resulting from recognition from
16participating in an event.
17(5) Premises set aside for wine tasting, as that term is used in
18Section 23356.1 of the Business and Professions Code and in the
19regulations adopted pursuant to that section, that comply with
20Section 118375, regardless of whether there is a charge for the
21wine tasting, if no other beverage, except for bottles of wine and
22prepackaged nonpotentially hazardous beverages, is offered for
23sale for onsite consumption and no food,
except for crackers, is
24served.
25(6) Premises operated by a producer, selling or offering for sale
26only whole produce grown by the producer or shell eggs, or both,
27provided the sales are conducted on premises controlled by the
28
producer.
29(7) A commercial food processing establishment as defined in
30Section 111955.
31(8) A child day care facility, as defined in Section 1596.750.
32(9) A community care facility, as defined in Section 1502.
33(10) A residential care facility for the elderly, as defined in
34Section 1569.2.
35(11) A residential care facility for the chronically ill, which has
36the same meaning as a residential care facility, as defined in Section
371568.01.
38(12) Premises set aside by a beer manufacturer, as defined in
39Section 25000.2 of the
Business and Professions Code, that comply
40with Section 118375, for the purposes of beer tasting, regardless
P6 1of whether there is a charge for the beer tasting, if no other
2beverage, except for beer and prepackaged nonpotentially
3hazardous beverages, is offered for sale for onsite consumption,
4and no food, except for crackers or pretzels, is served.
5(13) (A) An intermediate care facility for the developmentally
6disabled, as defined in subdivisions (e), (h), and (m) of Section
71250, with a capacity of six beds or fewer.
8(B) A facility described in subparagraph (A) shall report any
9foodborne illness or outbreak to the local health department and
10to the State Department of Public Health within 24 hours of the
11illness or outbreak.
12(14) A community food producer, as defined in Section 113752.
begin insertSection 113789 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
14amended to read:end insert
(a) “Food facility” means an operation that stores,
16prepares, packages, serves, vends, or otherwise provides food for
17human consumption at the retail level, including, but not limited
18to, the following:
19(1) An operation where food is consumed on or off the premises,
20regardless of whether there is a charge for the food.
21(2) Any place used in conjunction with the operations described
22in this subdivision, including, but not limited to, storage facilities
23for food-related utensils, equipment, and materials.
24(b) “Food facility” includes permanent and nonpermanent food
25facilities, including, but not limited to, the following:
26(1) Public and private school cafeterias.
27(2) Restricted food service facilities.
28(3) Licensed health care facilities, except as provided in
29paragraph (13) of subdivision (c).
30(4) Commissaries.
31(5) Mobile food facilities.
32(6) Mobile support units.
33(7) Temporary food facilities.
34(8) Vending machines.
35(9) Certified farmers’ markets, for purposes of permitting and
36enforcement pursuant to Section 114370.
37(10) Farm stands, for purposes of permitting and enforcement
38pursuant to Section 114375.
39(c) “Food facility” does not include any of the following:
P7 1(1) A cooperative arrangement wherein no permanent facilities
2are used for storing or handling food.
3(2) A private home, including a cottage food operation that is
4registered or has a permit pursuant to Section 114365.
5(3) A church, private club, or other nonprofit association that
6gives or sells food to its members and guests, and not to the general
7public, at an event that occurs not more than three days in any
890-day period.
9(4) A for-profit entity that gives or sells food at an
event that
10occurs not more than three days in a 90-day period for the benefit
11of a nonprofit association, if the for-profit entity receives no
12monetary benefit, other than that resulting from recognition from
13participating in an event.
14(5) Premises set aside for wine tasting, as that term is used in
15Section 23356.1 of the Business and Professions Code and in the
16regulations adopted pursuant to that section, that comply with
17Section 118375, regardless of whether there is a charge for the
18wine tasting, if no other beverage, except for bottles of wine and
19prepackaged nonpotentially hazardous beverages, is offered for
20sale for onsite consumption and no food, except for crackers, is
21served.
22(6) Premises operated by a producer, selling or offering for sale
23only whole produce grown by thebegin delete producer,end deletebegin insert
producerend insert or shell eggs,
24or both, provided the sales are conducted on premises controlled
25by the producer.
26(7) A commercial food processingbegin delete plantend deletebegin insert establishmentend insert as defined
27in Section 111955.
28(8) A child day care facility, as defined in Section 1596.750.
29(9) A community care facility, as defined in Section 1502.
30(10) A residential care facility for the elderly, as defined in
31Section 1569.2.
32(11) A residential care facility for the chronically ill, which has
33the
same meaning as a residential care facility, as defined in Section
341568.01.
35(12) Premises set aside by a beer manufacturer, as defined in
36Section 25000.2 of the Business and Professions Code, that comply
37with Section 118375, for the purposes of beer tasting, regardless
38of whether there is a charge for the beer tasting, if no other
39beverage, except for beer and prepackaged nonpotentially
P8 1hazardous beverages, is offered for sale for onsite consumption,
2and no food, except for crackers or pretzels, is served.
3(13) (A) An intermediate care facility for the developmentally
4disabled, as defined in subdivisions (e), (h), and (m) of Section
51250, with a capacity of six beds or fewer.
6(B) A facility described in subparagraph (A) shall report any
7foodborne illness or outbreak to the local health
department and
8to the State Department of Public Health within 24 hours of the
9illness or outbreak.
10(14) A community food producer, as defined in Section 113752.
end insertbegin insert
11(15) A water-driven grist mill that is on the National Register
12of Historic Places and that has onsite sales of grain that is milled
13at the facility.
begin insertSection 113789 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
15amended to read:end insert
(a) “Food facility” means an operation that stores,
17prepares, packages, serves, vends, or otherwise provides food for
18human consumption at the retail level, including, but not limited
19to, the following:
20(1) An operation where food is consumed on or off the premises,
21regardless of whether there is a charge for the food.
22(2) begin deleteAny end deletebegin insertA end insertplace used in conjunction with the operations
23described in this subdivision, including, but not limited to, storage
24facilities for food-related utensils, equipment, and materials.
25(b) “Food facility” includes permanent and nonpermanent food
26facilities, including, but not limited to, the following:
27(1) Public and private school cafeterias.
28(2) Restricted food service facilities.
29(3) Licensed health care facilities, except as provided in
30paragraph (13) of subdivision (c).
31(4) Commissaries.
32(5) Mobile food facilities.
33(6) Mobile support units.
34(7) Temporary food facilities.
35(8) Vending machines.
36(9) Certified farmers’ markets, for purposes of permitting and
37enforcement pursuant to Section 114370.
38(10) Farm stands, for purposes of permitting and enforcement
39pursuant to Section 114375.
40(c) “Food facility” does not include any of the following:
P9 1(1) A cooperative arrangement wherein no permanent facilities
2are used for storing or handling food.
3(2) A private home, including a cottage food operation that is
4registered or has a permit pursuant to Section 114365.
5(3) A church, private club, or other nonprofit association that
6gives or sells food to its members and guests, and not to the general
7public, at an event that occurs
not more than three days in any
890-day period.
9(4) A for-profit entity that gives or sells food at an event that
10occurs not more than three days in a 90-day period for the benefit
11of a nonprofit association, if the for-profit entity receives no
12monetary benefit, other than that resulting from recognition from
13participating in an event.
14(5) Premises set aside for wine tasting, as that term is used in
15Section 23356.1 of the Business and Professions Code and in the
16regulations adopted pursuant to that section, that comply with
17Section 118375, regardless of whether there is a charge for the
18wine tasting, if no other beverage, except for bottles of wine and
19prepackaged nonpotentially hazardous beverages, is offered for
20sale for onsite consumption and no food, except for crackers, is
21served.
22(6) Premises operated by a
producer, selling or offering for sale
23only whole produce grown by thebegin delete producer,end deletebegin insert producerend insert or shell eggs,
24or both, provided the sales are conducted on premises controlled
25by the producer.
26(7) A commercial food processingbegin delete plantend deletebegin insert establishmentend insert as defined
27in Section 111955.
28(8) A child day care facility, as defined in Section 1596.750.
29(9) A community care facility, as defined in Section 1502.
30(10) A residential care facility for the elderly, as defined in
31Section 1569.2.
32(11) A residential care facility for the chronically ill, which has
33the same meaning as a residential care facility, as defined in Section
341568.01.
35(12) Premises set aside by a beer manufacturer, as defined in
36Section 25000.2 of the Business and Professions Code, that comply
37with Section 118375, for the purposes of beer tasting, regardless
38of whether there is a charge for the beer tasting, if no other
39beverage, except for beer and prepackaged nonpotentially
40hazardous beverages, is offered for sale for onsite consumption,
P10 1and no food, except forbegin delete crackers or pretzels, is served.end deletebegin insert crackers,
2pretzels, or prepackaged food that is
not potentially hazardous
3food is offered for onsite consumption.end insert
4(13) (A) An intermediate care facility for the developmentally
5disabled, as defined in subdivisions (e), (h), and (m) of Section
61250, with a capacity of six beds or fewer.
7(B) A facility described in subparagraph (A) shall report any
8foodborne illness or outbreak to the local health department and
9to the State Department of Public Health within 24 hours of the
10illness or outbreak.
11(14) A community food producer, as defined in Section 113752.
end insert
begin insertSection 113789 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
13amended to read:end insert
(a) “Food facility” means an operation that stores,
15prepares, packages, serves, vends, or otherwise provides food for
16human consumption at the retail level, including, but not limited
17to, the following:
18(1) An operation where food is consumed on or off the premises,
19regardless of whether there is a charge for the food.
20(2) begin deleteAny end deletebegin insertA end insertplace used in conjunction with the operations
21described in this subdivision, including, but not limited to, storage
22facilities for food-related utensils, equipment, and materials.
23(b) “Food facility” includes permanent and nonpermanent food
24facilities, including, but not limited to, the following:
25(1) Public and private school cafeterias.
26(2) Restricted food service facilities.
27(3) Licensed health care facilities, except as provided in
28paragraph (13) of subdivision (c).
29(4) Commissaries.
30(5) Mobile food facilities.
31(6) Mobile support units.
32(7) Temporary food facilities.
33(8) Vending machines.
34(9) Certified farmers’ markets, for purposes of permitting and
35enforcement pursuant to Section 114370.
36(10) Farm stands, for purposes of permitting and enforcement
37pursuant to Section 114375.
38(c) “Food facility” does not include any of the following:
39(1) A cooperative arrangement wherein no permanent facilities
40are used for storing or handling food.
P11 1(2) A private home, including a cottage food operation that is
2registered or has a permit pursuant to Section 114365.
3(3) A church, private club, or other nonprofit association that
4gives or sells food to its members and guests, and not to the general
5public, at an event that occurs
not more than three days in any
690-day period.
7(4) A for-profit entity that gives or sells food at an event that
8occurs not more than three days in a 90-day period for the benefit
9of a nonprofit association, if the for-profit entity receives no
10monetary benefit, other than that resulting from recognition from
11participating in an event.
12(5) Premises set aside for wine tasting, as that term is used in
13Section 23356.1 of the Business and Professions Code and in the
14regulations adopted pursuant to that section, that comply with
15Section 118375, regardless of whether there is a charge for the
16wine tasting, if no other beverage, except for bottles of wine and
17prepackaged nonpotentially hazardous beverages, is offered for
18sale for onsite consumption and no food, except for crackers, is
19served.
20(6) Premises operated by a
producer, selling or offering for sale
21only whole produce grown by thebegin delete producer,end deletebegin insert producerend insert or shell eggs,
22or both, provided the sales are conducted on premises controlled
23by the producer.
24(7) A commercial food processingbegin delete plantend deletebegin insert establishmentend insert as defined
25in Section 111955.
26(8) A child day care facility, as defined in Section 1596.750.
27(9) A community care facility, as defined in Section 1502.
28(10) A residential care facility for the elderly, as defined in
29Section 1569.2.
30(11) A residential care facility for the chronically ill, which has
31the same meaning as a residential care facility, as defined in Section
321568.01.
33(12) Premises set aside by a beer manufacturer, as defined in
34Section 25000.2 of the Business and Professions Code, that comply
35with Section 118375, for the purposes of beer tasting, regardless
36of whether there is a charge for the beer tasting, if no other
37beverage, except for beer and prepackaged nonpotentially
38hazardous beverages, is offered for sale for onsite consumption,
39and no food, except forbegin delete crackers or pretzels, is served.end deletebegin insert crackers,
P12 1pretzels, or prepackaged food that is
not potentially hazardous
2food is offered for onsite consumption.end insert
3(13) (A) An intermediate care facility for the developmentally
4disabled, as defined in subdivisions (e), (h), and (m) of Section
51250, with a capacity of six beds or fewer.
6(B) A facility described in subparagraph (A) shall report any
7foodborne illness or outbreak to the local health department and
8to the State Department of Public Health within 24 hours of the
9illness or outbreak.
10(14) A community food producer, as defined in Section 113752.
end insertbegin insert
11(15) A
water-driven grist mill that is on the National Register
12of Historic Places and that has onsite sales of grain that is milled
13at the facility.
Section 113796 is added to the Health and Safety Code,
16to read:
“Gleaner” means a person who legally gathers
18remnants of an agricultural crop or harvests part of, or all of, an
19agricultural crop made available by the owner of the agricultural
20crop.
The heading of Chapter 12.5 (commencing with Section
23114375) of Part 7 of Division 104 of the Health and Safety Code
24 is amended to read:
25
Section 114376 is added to the Health and Safety Code,
31to read:
(a) Unless a local jurisdiction adopts an ordinance
33regulating community food production or agricultural production
34that prohibits the activity, a community food producer or gleaner
35may sell or provide whole uncut fruits or vegetables, or
36unrefrigerated shell eggs, directly to the public, to a permitted
37restaurant, or a cottage food operation if the community food
38producer meets all of the following requirements in addition to
39any requirements imposed by an ordinance adopted by a local
40jurisdiction:
P13 1(1) Agricultural products shall be grown or produced in
2compliance with subdivision (b) of Section 113735.
3(2) Agricultural
products shall be labeled with the name and
4address of the community food producer.
5(3) Conspicuous signage shall be provided in lieu of a product
6label if the agricultural product is being sold by the community
7food producer on the site of production. The signage shall include,
8but not be limited to, the name and address of the community food
9producer.
10(4) Best management practices as described by the Department
11of Food and Agriculture regarding small farm food safety
12guidelines on, but not limited to, safe production, processing, and
13handling of both nonpotentially hazardous and potentially
14hazardous foods.
15(5) Egg production shall be limited to 15 dozen eggs per month.
16(b) A local city or county health enforcement office may require
17a community food producer or gleaner to register with the city or
18county and to provide specified information, including, but not
19limited to, the name, address, and telephone number of the
20community food producer or gleaner.
Section 114376.5 is added to the Health and Safety
23Code, to read:
(a) An enforcement officer, as defined in Section
25113774, may enter into and inspect the operations of a community
26food producer or gleaner in response to a food safety recall or food
27safety complaint. The enforcement officer may recover reasonable
28costs associated with an inspection from the community food
29producer or gleaner.
30(b) (1) An enforcement officer may issue a community food
31producer or gleaner a cease and desist order for violations of
32Section 114376, upon which the community food producer or
33gleaner shall be prohibited from further sales until the operations
34of the community food producer or gleaner have been reinspected
35and
cleared by the enforcement officer’s agency.
36(2) At any time within 15 calendar days after issuance of the
37cease and desist order, the community food producer or gleaner
38may request in writing a hearing before a hearing officer to show
39cause why the prohibition of further sales is not warranted. The
40hearing shall be held within 15 calendar days of the receipt of a
P14 1request for a hearing. A failure to request a hearing within 15
2calendar days shall be deemed a waiver of the right to a hearing.
3(c) Violations of Section 114376 shall be subject to the penalties
4specified in Section 114395.
(a) Section 3.1 of this bill incorporates amendments
6to Section 113789 of the Health and Safety Code proposed by both
7this bill and Senate Bill 170. It shall only become operative if (1)
8both bills are enacted and become effective on or before January
91, 2015, (2) each bill amends Section 113789 of the Health and
10Safety Code, and (3) Senate Bill 1235 is not enacted or as enacted
11does not amend that section, and (4) this bill is enacted after Senate
12Bill 170, in which case Sections 3, 3.2, and 3.3 of this bill shall
13not become operative.
14(b) Section 3.2 of this bill incorporates amendments to Section
15113789 of the Health and Safety Code proposed by both this bill
16and Senate Bill 1235. It shall only become operative if (1) both
17bills are enacted and become effective on or before January 1,
182015, (2) each bill amends Section 113789 of the Health and Safety
19Code, (3) Senate Bill 170 is not enacted or as enacted does not
20amend that section, and (4) this bill is enacted after Senate Bill
211235 in which case Sections 3, 3.1, and 3.3 of this bill shall not
22become operative.
23(c) Section 3.3 of this bill incorporates amendments to Section
24113789 of the Health and Safety Code proposed by this bill, Senate
25Bill 170, and Senate Bill 1235. It shall only become operative if
26(1) all three bills are enacted and become effective on or before
27January 1, 2015, (2) all three bills amend Section 113789 of the
28Health and Safety Code, and
(3) this bill is enacted after Senate
29Bill 170 and Senate Bill 1235, in which case Sections 3, 3.1, and
303.2 of this bill shall not become operative.
No reimbursement is required by this act pursuant to
33Section 6 of Article XIII B of the California Constitution for certain
34costs that may be incurred by a local agency or school district
35because, in that regard, this act creates a new crime or infraction,
36eliminates a crime or infraction, or changes the penalty for a crime
37or infraction, within the meaning of Section 17556 of the
38Government Code, or changes the definition of a crime within the
39meaning of Section 6 of Article XIII B of the California
40Constitution.
P15 1However, if the Commission on State Mandates determines that
2this act contains other costs mandated by the state, reimbursement
3to local agencies and school districts for those costs shall be made
4pursuant to Part 7 (commencing with Section 17500) of Division
54 of Title 2 of the Government Code.
O
93