Amended in Assembly August 22, 2014

Amended in Assembly July 3, 2014

Amended in Senate April 8, 2013

Senate Bill No. 170

Introduced by Senator Wolk

February 4, 2013

An act to amend Sections 110480 and 113789 of the Health and Safety Code, relating to food safety.

LEGISLATIVE COUNSEL’S DIGEST

SB 170, as amended, Wolk. Bale Grist Mill State Historic Park.

Existing law prohibits, with some exceptions, the manufacture, packing, or holding of processed food without a valid registration from the State Department of Public Health.

This bill would begin insert , beginning January 1, 2016, end insert exempt from the registration requirements the milling, packaging, and selling of grain produced and sold at a water-driven grist mill on the National Register of Historic Places, provided best management practices suitable for a historic water-driven grist mill are followed for the processing and handling of the product, the flour is identified as being produced in a historic mill using traditional methods, and the product meets applicable federal food adulteration purity standards.

Existing law, the California Retail Food Code, provides for the regulation of health and sanitation standards for retail food facilities, as defined, by the department and is primarily enforced by local health agencies. A violation of any provision of the code is a misdemeanor.

This bill would begin insert , beginning January 1, 2016, end insert exclude from the definition of a retail food facility a water-driven grist mill that is on the National Register of Historic Places and that has onsite sales of grain that is milled at the facility. begin insert The bill would make related findings, declarations, and statements of legislative intent end insert begin insert . end insert

begin insert

This bill would incorporate additional changes to Section 113789 of the Health and Safety Code proposed by AB 1990 and SB 1235, to be operative only if this bill and either or both of those bills are chaptered and become effective on or before January 1, 2015, and this bill is chaptered last.

end insert

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

begin insert

begin insert SECTION 1 end insert begin insert . end insert   

end insert begin insert

(a) The Legislature finds and declares all of the
following:

end insert begin insert

(1) Recent legislation that established a moratorium on closure
of state parks and a matching funds program to help keep state
parks open have increased outreach to the public through the use
of creative partnerships and other innovative tools, and other
provisions have helped stabilize the Department of Parks and
Recreation and broaden its financial base.

end insert begin insert

(2) Ongoing efforts by the Parks Forward Commission, the
State Parks and Recreation Commission, and the Department of
Parks and Recreation to develop a more secure financial base for
the department through the increased use of pilot projects, the sale
of specialized or regional passes, and other internal reforms are
providing early signs of success that should be strengthened.

end insert begin insert

(3) A stable funding structure must be established for the state
parks, including a more entrepreneurial and robust
revenue-generation strategy with increased efficiency and
accountability, and a dedicated, reliable source of public funding
that will meet ongoing operating needs and continually reduce the
backlog of unmet maintenance needed to protect valuable park
assets.

end insert begin insert

(b) It is the intent of the Legislature in enacting this act to
encourage the Department of Parks and Recreation and the State
Department of Public Health to consult with each other to develop
and implement additional, reasonable improvements designed to
increase public health security at the Bale Grist Mill State Historic
Park, without impairing or adversely affecting historical, cultural,
or natural resources.

end insert

begin delete SECTION 1. end delete
begin insert SEC. 2. end insert   

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 (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.

(l)  begin delete The end delete begin insert Beginning January 1, 2016, the end insert milling, packaging, and
selling of grain produced and sold at a water-driven grist mill on
the National Register of Historic Places, provided best management
practices suitable for a historic water-driven grist mill are followed
for the processing and handling of the product, the flour is
identified as being produced in a historic mill using traditional
methods, and the product meets applicable federal food adulteration
purity standards.

begin delete SEC. 2. end delete
begin insert SEC. 3. end insert   

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)  begin delete Any end delete begin insert A end insert begin insert end insert 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 plant 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)  begin delete A end delete begin insert Beginning January 1, 2016, a end insert begin insert end insert water-driven grist mill
that is on the National Register of Historic Places and that has
onsite sales of grain that is milled at the facility.

begin insert

begin insert SEC. 3.1. end insert   

end insert

begin insert Section 113789 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

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)  begin delete Any end delete begin insert A end insert begin insert end insert 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 begin delete producer, end delete begin insert producer end insert or shell eggs,
or both, provided the sales are conducted on premises controlled
by the producer.

(7) A commercial food processing begin delete plant end delete begin insert establishment end insert 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.

begin insert

(14) Beginning January 1, 2016, a water-driven grist mill that
is on the National Register of Historic Places and that has onsite
sales of grain that is milled at the facility.

end insert begin insert

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

end insert

begin insert

begin insert SEC. 3.2. end insert   

end insert

begin insert Section 113789 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

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)  begin delete Any end delete begin insert A end insert begin insert end insert 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 plant 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 begin delete crackers or pretzels, is served. end delete begin insert crackers,
pretzels, or prepackaged food that is not potentially hazardous
food is offered for onsite consumption. end insert

(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.

begin insert

(14) Beginning January 1, 2016, a water-driven grist mill that
is on the National Register of Historic Places and that has onsite
sales of grain that is milled at the facility.

end insert

begin insert

begin insert SEC. 3.3. end insert   

end insert

begin insert Section 113789 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

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)  begin delete Any end delete begin insert A end insert begin insert end insert 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 begin delete producer, end delete begin insert producer end insert or shell eggs,
or both, provided the sales are conducted on premises controlled
by the producer.

(7) A commercial food processing begin delete plant end delete begin insert establishment end insert 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 begin delete crackers or pretzels, is served. end delete begin insert crackers,
pretzels, or prepackaged food that is not potentially hazardous
food is offered for onsite consumption. end insert

(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.

begin insert

(14) Beginning January 1, 2016, a water-driven grist mill that
is on the National Register of Historic Places and that has onsite
sales of grain that is milled at the facility.

end insert begin insert

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

end insert

begin insert

begin insert SEC. 4. end insert   

end insert begin insert

Section 3.1 of this bill incorporates amendments to
Section 113789 of the Health and Safety Code proposed by both
this bill and Assembly Bill 1990. It shall only become operative if
(1) both bills are enacted and become effective on or before
January 1, 2015, (2) each bill amends Section 113789 of the Health
and Safety Code, (3) Senate Bill 1235 is not enacted or as enacted
does not amend that section, and (4) this bill is enacted after
Assembly Bill 1990, in which case Sections 3, 3.2, and 3.3 of this
bill shall not become operative.

end insert

begin insert

begin insert SEC. 5. end insert   

end insert begin insert

Section 3.2 of this bill incorporates amendments to
Section 113789 of the Health and Safety Code proposed by both
this bill and Senate Bill 1235. It shall only become operative if (1)
both bills are enacted and become effective on or before January
1, 2015, (2) each bill amends Section 113789 of the Health and
Safety Code, (3) Assembly Bill 1990 is not enacted or as enacted
does not amend that section, and (4) this bill is enacted after Senate
Bill 1235, in which case Sections 3, 3.1, and 3.3 of this bill shall
not become operative.

end insert

begin insert

begin insert SEC. 6. end insert   

end insert begin insert

Section 3.3 of this bill incorporates amendments to
Section 113789 of the Health and Safety Code proposed by this
bill, Assembly Bill 1990, and Senate Bill 1235. It shall only become
operative if (1) all three bills are enacted and become effective on
or before January 1, 2015, (2) all three bills amend Section 113789
of the Health and Safety Code, and (3) this bill is enacted after
Assembly Bill 1990 and Senate Bill 1235, in which case Sections
3, 3.1, and 3.2 of this bill shall not become operative.

end insert