BILL ANALYSIS �
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|SENATE RULES COMMITTEE | SB 1235|
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CONSENT
Bill No: SB 1235
Author: Knight (R)
Amended: 4/21/14
Vote: 21
SENATE HEALTH COMMITTEE : 7-0, 4/30/14
AYES: Hernandez, Morrell, De Le�n, DeSaulnier, Evans, Monning,
Wolk
NO VOTE RECORDED: Beall, Nielsen
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SUBJECT : Prepackaged food
SOURCE : Author
DIGEST : This bill excludes from the definition of a food
facility a premises set aside by a beer manufacturer for the
purposes of beer tasting that offers prepackaged chips,
pretzels, crackers, nuts, jerky, dried fruit, and energy bars
for onsite consumption.
ANALYSIS :
Existing law:
1.Establishes the California Retail Food Code (CalCode), which
establishes health and sanitation standards for retail food
facilities, as defined. Makes the Department of Public Health
responsible for the adoption of regulations to implement and
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administer CalCode, and vests local enforcement agencies with
primary responsibility for enforcement of CalCode.
2.Defines a food facility as an operation that stores, prepares,
packages, serves, vends, or otherwise provides food for human
consumption, on or off the premises, regardless of whether
there is a charge, at the retail level. Food facilities
include, but are not limited to, permanent and nonpermanent
facilities, public and private school cafeterias, restricted
food service facilities, licensed health care facilities,
commissaries, mobile food facilities, mobile support units,
temporary food facilities, vending machines, certified
farmers' markets, as specified, and farm stands, as specified.
3.Exempts from the definition of a food facility and from the
provisions of CalCode premises set aside for wine tasting,
that comply with glassware cleaning provisions, 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.
4.Exempts from the definition of a food facility, and from the
provisions of CalCode, premises set aside by a beer
manufacturer, as defined, 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.
This bill excludes from the definition of a food facility a
premises set aside by a beer manufacturer for the purposes of
beer tasting that offers prepackaged chips, pretzels, crackers,
nuts, jerky, dried fruit, and energy bars for onsite
consumption.
Prior Legislation
AB 1014 (Fletcher, Chapter 159, Statutes of 2011) exempts
premises set aside by a beer manufacturer, as defined, for beer
tasting, from the definition of a food facility, thereby,
exempting beer tasting premises from the provisions of the
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CalCode.
SB 241 (Runner, Chapter 571, Statutes of 2009) among other
things, clarifies the exemption for premises set aside for wine
tasting to apply regardless of whether there is a charge for the
wine tasting.
SB 144 (Runner, Chapter 23, Statutes of 2006) established the
CalCode in order to create uniformity between California's
retail food safety laws and those of other states, as well as to
enhance food safety laws based on the best available science.
AB 1778 (Areias, Chapter 1065, Statutes of 1985) excludes
premises set aside for 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, from the definition of a
food facility.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 5/13/14)
Bravery Brewing Company, LLC
ARGUMENTS IN SUPPORT : According to the author's office,
brewery owners currently face obscure limitations within current
Health and Safety Code as to food that can be sold for onsite
consumption while patrons are beer tasting in their facilities.
This bill is needed to further specify the prepackaged foods
that are eligible to be sold in the tasting room. Existing law
is ambiguous, and it is unclear why the law specifically spells
out two food items, but fails to list a variety of prepackaged
foods that are safe for onsite consumption. Allowing brewery
tasting rooms to sell prepackaged foods other than crackers and
pretzels gives businesses more flexibility and more service to
offer to their faithful customers.
Bravery Brewing Company (BBC) writes that this bill provides a
win-win situation because it allows breweries to offer
convenience to craft brewery patrons who wish to enjoy a snack,
while also generating increased sales revenue for the brewery.
BBC further states that existing law adds costly regulation
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expenses when breweries wish to sell prepackaged food items, yet
not for prepackaged drink items, which there seems to be little
difference between.
JL:k 5/13/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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