Amended in Assembly August 19, 2014

Amended in Assembly June 26, 2014

Amended in Assembly June 19, 2014

Amended in Assembly June 11, 2014

Amended in Senate April 21, 2014

Senate Bill No. 1235

Introduced by Senator Knight

February 20, 2014

An act to amend Sections 113789 and 114289 of the Health and Safety Code, relating to food.

LEGISLATIVE COUNSEL’S DIGEST

SB 1235, as amended, Knight. Prepackaged food.

Existing law, the California Retail Food Code, establishes uniform health and sanitation standards for retail food facilities, 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 served. Existing law defines “potentially hazardous food” and “prepackaged food” for these purposes. 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.

This bill would additionally 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 food that is not potentially hazardous food. The bill would limit the food display area in these facilities to 25 square feet and would make these facilities subject to specified provisions of the retail food code. By expanding the definition of a crime, this bill would impose a state-mandated local program.

begin insert

This bill would incorporate additional changes to Section 113789 of the Health and Safety Code, proposed by SB 170 and AB 1990, 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 insert

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 no reimbursement is required by this act for a specified reason.

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

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

SECTION 1.  

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) A 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, pretzels, or prepackaged food
that is not potentially hazardous food is offered for onsite
consumption.

(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

begin insert SEC. 1.1. 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 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) 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. 1.2. 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 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) A community food producer, as defined in Section 113752.

end insert

begin insert

begin insert SEC. 1.3. 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 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) 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

SEC. 2.  

Section 114289 of the Health and Safety Code is
amended to read:

114289.  

(a) Notwithstanding any law to the contrary, a
permanent food facility that has less than 300 square feet of display
area and that sells only prepackaged food that is not potentially
hazardous food shall be exempt from the requirements of this part
except as set forth in subdivision (c).

(b) Notwithstanding any law to the contrary, a premises set
aside by a beer manufacturer, as defined in Section 25000.2 of the
Business and Professions Code, that complies 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 prepackaged food that is not
potentially hazardous food is offered for onsite consumption shall
be subject to the requirements set forth in paragraph (1) of
subdivision (c). These facilities shall not have a food display area
greater than 25 square feet.

(c) (1) A facility or premises with a food display area of 25
square feet or less shall comply with all of the following:

(A) Sections 113980, 114047, 114049, 114390, 114393, 114395,
114397, and 114399.

(B) Chapter 1 (commencing with Section 113700).

(C) Chapter 2 (commencing with Section 113728).

(2) A begin insert permanent food end insert facility begin delete or premises end delete with a food display
area greater than 25 square feet, but less than 300 square feet, shall
comply with all of the following:

(A) Sections 113980, 114047, 114049, 114250, 114266, 114381,
114387, 114390, 114393, 114395, 114397, 114399, 114405,
114407, 114409, 114411, and 114413.

(B) Chapter 1 (commencing with Section 113700).

(C) Chapter 2 (commencing with Section 113728).

begin insert

begin insert SEC. 3. end insert   

end insert begin insert

(a) Section 1.1 of this bill incorporates amendments
to Section 113789 of the Health and Safety Code proposed by both
this bill and Senate Bill 170. 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, and (3) Assembly Bill 1990 is not enacted or as
enacted does not amend that section, and (4) this bill is enacted
after Senate Bill 170, in which case Sections 1, 1.2, and 1.3 of this
bill shall not become operative.

end insert begin insert

(b) Section 1.2 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 170 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 1, 1.1, and 1.3 of this bill shall not
become operative.

end insert begin insert

(c) Section 1.3 of this bill incorporates amendments to Section
113789 of the Health and Safety Code proposed by this bill, Senate
Bill 170, and Assembly Bill 1990. 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 Senate
Bill 170 and Assembly Bill 1990, in which case Sections 1, 1.1,
and 1.2 of this bill shall not become operative.

end insert

begin delete SEC. 3. end delete
begin insert SEC. 4. end insert   

No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of
the Government Code, or changes the definition of a crime within
the meaning of Section 6 of Article XIII B of the California
Constitution.