SB 1235, as amended, Knight. Prepackaged food.
Existing law, the California Retail Food Code, establishes uniform health and sanitation standards for retail food facilities,begin delete including mobile food facilities and temporary food facilitiesend deletebegin insert as defined. Existing law exempts from the definition of food facility a premises set aside by a beer manufacturer for the purposes of 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 crackers or pretzels, is servedend insert. Existing law provides that local health agencies are primarily responsible for enforcing these provisions. A person who violates any provision of the code is guilty of a misdemeanor,
except as otherwise provided.begin delete Existing law defines prepackaged food for purposes of these provisions.end delete
This bill wouldbegin delete make technical, nonsubstantive changes to these provisions.end deletebegin insert exclude from the definition of food facility a premises set aside by a beer manufacturer for the purposes of beer tasting that offers for onsite consumption prepackaged chips, pretzels, crackers, nuts, jerky, dried fruit, and energy bars.end insert
Vote: majority.
Appropriation: no.
Fiscal committee: begin deleteno end deletebegin insertyesend insert.
State-mandated local program: no.
The people of the State of California do enact as follows:
begin insertSection 113789 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
2amended to read:end insert
(a) “Food facility” means an operation that stores,
4prepares, packages, serves, vends, or otherwise provides food for
5human consumption at the retail level, including, but not limited
6to, the following:
7(1) An operation where food is consumed on or off the premises,
8regardless of whether there is a charge for the food.
9(2) begin deleteAny end deletebegin insertA end insertplace used in conjunction with the operations
10described in this subdivision, including, but not limited to, storage
11facilities for food-related utensils, equipment, and materials.
12(b) “Food facility” includes permanent and nonpermanent food
13facilities, including, but not limited to, the following:
14(1) Public and private school cafeterias.
15(2) Restricted food service facilities.
16(3) Licensed health care facilities, except as provided in
17paragraph (13) of subdivision (c).
18(4) Commissaries.
19(5) Mobile food facilities.
20(6) Mobile support units.
21(7) Temporary food facilities.
22(8) Vending machines.
23(9) Certified farmers’ markets, for purposes of permitting and
24enforcement pursuant to Section 114370.
25(10) Farm stands, for purposes of permitting and enforcement
26pursuant to Section 114375.
27(c) “Food facility” does not include any of the following:
28(1) A cooperative arrangement wherein no permanent facilities
29are used for storing or handling food.
30(2) A private home, including a cottage food operation that is
31registered or has a permit pursuant to Section 114365.
32(3) A church, private club, or other nonprofit association that
33gives or sells food to its members and guests, and not to the general
34public, at an event that occurs
not more than three days in any
3590-day period.
36(4) A for-profit entity that gives or sells food at an event that
37occurs not more than three days in a 90-day period for the benefit
38of a nonprofit association, if the for-profit entity receives no
P3 1monetary benefit, other than that resulting from recognition from
2participating in an event.
3(5) Premises set aside for wine tasting, as that term is used in
4Section 23356.1 of the Business and Professions Code and in the
5regulations adopted pursuant to that section, that comply with
6Section 118375, regardless of whether there is a charge for the
7wine tasting, if no other beverage, except for bottles of wine and
8prepackaged nonpotentially hazardous beverages, is offered for
9sale for onsite consumption and no food, except for crackers, is
10served.
11(6) Premises operated by a
producer, selling or offering for sale
12only whole produce grown by the producer, or shell eggs, or both,
13provided the sales are conducted on premises controlled by the
14producer.
15(7) A commercial food processing plant as defined in Section
16111955.
17(8) A child day care facility, as defined in Section 1596.750.
18(9) A community care facility, as defined in Section 1502.
19(10) A residential care facility for the elderly, as defined in
20Section 1569.2.
21(11) A residential care facility for the chronically ill, which has
22the same meaning as a residential care facility, as defined in Section
231568.01.
24(12) Premises set aside by a beer
manufacturer, as defined in
25Section 25000.2 of the Business and Professions Code, that comply
26with Section 118375, for the purposes of beer tasting, regardless
27of whether there is a charge for the beer tasting, if no other
28beverage, except for beer and prepackaged nonpotentially
29hazardous beverages, is offered for sale for onsite consumption,
30and no food, except forbegin delete crackers or pretzels, is servedend deletebegin insert prepackaged
31chips, pretzels, crackers, nuts, jerky, dried fruit, and energy bars
32is offered for onsite consumptionend insert.
33(13) (A) An intermediate care facility for the developmentally
34disabled, as defined in subdivisions (e), (h), and (m) of Section
351250, with a capacity of six beds or fewer.
36(B) A facility described in subparagraph (A) shall report any
37foodborne illness or outbreak to the local health department and
38to the State Department of Public Health within 24 hours of the
39illness or outbreak.
Section 113876 of the Health and Safety Code is
2amended to read:
“Prepackaged food” means a properly labeled
4processed food, prepackaged to prevent direct human contact with
5the food product upon distribution from the manufacturer, a food
6facility, or other approved source.
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