BILL ANALYSIS �
SB 170
Page 1
SENATE THIRD READING
SB 170 (Wolk)
As Amended August 22, 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, beginning January 1, 2016, 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, beginning January 1, 2016, 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, beginning January 1, 2016, 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.
3)States legislative findings and declarations regarding the
Department of Parks and Recreation (DPR), including: recent
legislation that has increased outreach to the public through
partnerships and other tools to help stabilize DPR and broaden
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its financial base; ongoing efforts by the Parks Forward
Commission, the State Parks and Recreation Commission
(Commission), and DPR to develop a more secure financial base
through increased use of pilot projects, regional passes, and
other reforms; and the need for a more entrepreneurial and
robust revenue-generation strategy, efficiency and
accountability, and reliable public funding to meet ongoing
operating needs and reduce deferred maintenance to protect
park assets.
4)States legislative intent to encourage DPR 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.
5)Includes technical language to avoid chaptering out issues
with this bill, AB 1990 (Gordon) of the current legislative
session, and SB 1235 (Knight) of the current legislative
session, all three of which propose amendments to Health and
Safety Code Section 113789.
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
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.
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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
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
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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: 0005197