BILL ANALYSIS �
SB 170
Page 1
SENATE THIRD READING
SB 170 (Wolk)
As Amended July 3, 2014
Majority vote
SENATE VOTE :37-0
WATER, PARKS & WILDLIFE 15-0
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|Ayes:|Rendon, Bigelow, Allen, | | |
| |Bocanegra, Dahle, Fong, | | |
| |Frazier, Beth Gaines, | | |
| |Gatto, Gomez, Gonzalez, | | |
| |Gray, Patterson, Yamada, | | |
| |Williams | | |
| | | | |
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SUMMARY : Exempts grain milled and sold at the Bale Grist Mill
State Historic Park from registration and other requirements
applicable to retail food facilities if certain conditions are
met. Specifically, this bill :
1)Exempts the milling, packaging, and selling of grain produced
and sold at a water-driven grist mill on the National Register
of Historic Places from the requirement to register with the
State Department of Public Health, 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 at a historic mill using
traditional methods, and the product meets applicable federal
food adulteration purity standards.
2)Excludes a water-driven grist mill on the National Register of
Historic Places that has onsite sales of grain milled at the
facility from the definition of a retail food facility.
EXISTING LAW :
1)Prohibits the manufacture, packing or holding of processed
food without a valid registration from the State Department of
Public Health.
2)Provides for the regulation of health and sanitation standards
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for retail food facilities by the State Department of Public
Health, and enforced through local health agencies. Defines a
retail food facility as an operation that stores, prepares,
packages, serves, vends, or otherwise provides food for human
consumption at the retail level, with specified exceptions.
Prohibits retail food facilities from using wood as a
food-contact surface.
3)Establishes the state park system, consisting of 280 units,
one of which is the Bale Grist Mill State Historic Park
located in Napa County. The Bale Grist Mill State Historic
Park is also listed on the National Register of Historic
Places.
FISCAL EFFECT : None. This bill is keyed non-fiscal by the
Legislative Counsel.
COMMENTS : The purpose of this bill is to enable the Bale Grist
Mill State Historic Park to sell flour produced onsite by
granting a narrow exemption from existing registration
requirements for processed food and excluding the mill from the
definition of a food retail facility. The Bale Grist Mill is a
historic water-driven mill that predates California's statehood
and is one of only two remaining water-wheel mills west of the
Mississippi River. Under current law, grain that is milled at
the facility must be labeled unfit for human consumption prior
to being sold because it comes into contact with a wooden chute
and the grinding stone during the milling process. The historic
status and construction of the mill prevents it from being
altered to comply with state standards for a modern food
processing or retail food facility. However, according to the
author, all grain milled at the facility does meet applicable
federal food adulteration standards for cleanliness and public
safety.
Originally selected for closure along with 69 other state parks,
the Bale Grist Mill State Historic Park is now operated through
a partnership between Napa County Regional Park and Open Space
District (District) and the Napa Valley State Parks Association,
which jointly entered into an operating agreement with the
Department of Parks and Recreation (DPR) to operate the park.
Allowing milled flour to be sold for human consumption will help
to generate revenues to assist in maintaining the park and
preserving this unique facility for future visitors. According
to supporters of this bill, this endeavor is also responsive to
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the Legislature's encouragement for DPR and its partners to be
creative and entrepreneurial in developing ways to enhance park
revenues while preserving the unique natural and historical
character of the parks.
The author notes that AB 1616 (Gatto), Chapter 415, Statutes of
2012, provided similar small business exemptions from state
retail food facility requirements for certain types of cottage
food operations.
Supporters note this bill will make it possible for flour and
corn meal produced by the water-driven grist mill at Bale Grist
Mill State Historic Park to be sold for human consumption while
still meeting federal food standards. Both this park and the
nearby Bothe-Napa Valley State Park are being operated under a
local government operating agreement with DPR. For the District
to be successful in operating the parks, they need to make the
two parks economically self-sufficient. One potential source of
income is to sell the grain products that are milled as part of
the public demonstrations held every weekend. These revenues in
turn will enable the District to keep the park open and continue
educating the public about early pioneer life. By assisting
these parks in becoming more financially self-sufficient, this
bill may also assist the state in keeping other parks open to
the public.
The state Department of Public Health opposed this bill last
year based on concerns over the inability of the facility to
exclude all pests from the facility, and concerns that the wood
surfaces in the historic mill which come in contact with dry
ingredients used in the milling of the flour cannot be
adequately cleaned to eliminate any potential contamination.
Current state law prohibits retail food facilities from using
wood as a food-contact surface.
Analysis Prepared by : Diane Colborn / W., P. & W. / (916)
319-2096
FN: 0004192
SB 170
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