Bill Text: CA AB234 | 2015-2016 | Regular Session | Chaptered
Bill Title: Food: sale.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2015-10-08 - Chaptered by Secretary of State - Chapter 616, Statutes of 2015. [AB234 Detail]
Download: California-2015-AB234-Chaptered.html
BILL NUMBER: AB 234 CHAPTERED
BILL TEXT
CHAPTER 616
FILED WITH SECRETARY OF STATE OCTOBER 8, 2015
APPROVED BY GOVERNOR OCTOBER 8, 2015
PASSED THE SENATE SEPTEMBER 10, 2015
PASSED THE ASSEMBLY SEPTEMBER 11, 2015
AMENDED IN SENATE SEPTEMBER 4, 2015
AMENDED IN SENATE JUNE 9, 2015
INTRODUCED BY Assembly Member Gordon
FEBRUARY 4, 2015
An act to amend Sections 113789 and 114376 of the Health and
Safety Code, relating to food.
LEGISLATIVE COUNSEL'S DIGEST
AB 234, Gordon. Food: sale.
Existing law, the California Retail Food Code, establishes uniform
health and sanitation standards for retail food facilities and
provides for the enforcement of those standards by local health
agencies and by the State Department of Public Health, as specified.
Under existing law, unless a local jurisdiction adopts an ordinance
prohibiting the activity, a community food producer or gleaner may
sell or provide whole uncut fruits or vegetables, or unrefrigerated
shell eggs, directly to the public, to a permitted restaurant, or a
cottage food operation if the community food producer meets specified
requirements. Existing law authorizes a local city or county health
enforcement office to require a community food producer or gleaner to
register with the city or county to provide specified information. A
violation of the code is a crime.
This bill would remove the local ordinance prohibition exception,
and would authorize a community food producer to sell or provide
whole uncut fruits or vegetables, or unrefrigerated shell eggs,
directly to the public, a permitted food facility, or a cottage food
operation, and authorize a gleaner to sell or provide the same food
produced by a community food producer directly to the public without
registration or to donate the same food produced by a community food
producer to a food bank or food kitchen without registration, if
specified requirements are met. The bill would prohibit a local city
or county health enforcement office, unless otherwise authorized by a
local ordinance adopted by a local jurisdiction, from requiring a
community food producer to register with the city or county or to
meet additional requirements if the community food producer meets any
of the specified conditions. The bill would require a community food
producer or gleaner that sells or provides the above-mentioned food
directly to the public, and a food bank or food kitchen that receives
the same food donated by a community food producer or gleaner,
pursuant to these provisions to retain records related to the sale,
provision, or donation of food for 30 days, as specified. By
expanding the definition of a crime, this bill would impose a
state-mandated local program.
Existing law exempts from the definition of food facility 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.
This bill would instead exclude from the definition of food
facility an outlet or location, including, but not limited to,
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 at an outlet or location controlled by the
producer.
This bill would incorporate additional changes to Section 113789
of the Health and Safety Code, proposed by AB 143 and AB 226, that
would become operative only if this bill and either or both of those
bills are chaptered and become effective January 1, 2016, and this
bill is chaptered last.
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.
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) An outlet or location, including, but not limited to,
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 at an outlet or location controlled by the
producer.
(7) A commercial food processing establishment 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.
(14) A community food producer, as defined in Section 113752.
SEC. 1.1. 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, or premises set
aside by a beer manufacturer, as defined in Section 25000.2 of the
Business and Professions Code, and in the regulations adopted
pursuant to those sections, that comply with Section 118375,
regardless of whether there is a charge for the wine or beer tasting,
if no other beverage, except for bottles of wine or beer and
prepackaged nonpotentially hazardous beverages, is offered for sale
or for onsite consumption and no food, except for crackers, pretzels,
or prepackaged food that is not potentially hazardous food is
offered for sale or for onsite consumption.
(6) An outlet or location, including, but not limited to,
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 at an outlet or location controlled by the
producer.
(7) A commercial food processing establishment 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) (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.
(13) A community food producer, as defined in Section 113752.
SEC. 1.2. 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.
(11) Fishermen's markets.
(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) An outlet or location, including, but not limited to,
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 at an outlet or location controlled by the
producer.
(7) A commercial food processing establishment 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.
(14) A community food producer, as defined in Section 113752.
SEC. 1.3. 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.
(11) Fishermen's markets.
(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, or premises set
aside by a beer manufacturer, as defined in Section 25000.2 of the
Business and Professions Code, and in the regulations adopted
pursuant to those sections, that comply with Section 118375,
regardless of whether there is a charge for the wine or beer tasting,
if no other beverage, except for bottles of wine or beer and
prepackaged nonpotentially hazardous beverages, is offered for sale
or for onsite consumption and no food, except for crackers, pretzels,
or prepackaged food that is not potentially hazardous food is
offered for sale or for onsite consumption.
(6) An outlet or location, including, but not limited to,
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 at an outlet or location controlled by the
producer.
(7) A commercial food processing establishment 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) (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.
(13) A community food producer, as defined in Section 113752.
SEC. 2. Section 114376 of the Health and Safety Code is amended to
read:
114376. (a) A community food producer may sell or provide whole
uncut fruits or vegetables, or unrefrigerated shell eggs, directly to
the public, to a permitted food facility, or a cottage food
operation if the community food producer meets all of the following
requirements:
(1) Agricultural products shall be grown or produced in compliance
with subdivision (b) of Section 113735.
(2) Agricultural products that are packaged shall have the package
labeled with the name and address of the community food producer.
(3) Conspicuous signage shall be provided in lieu of a product
label if the agricultural product is being sold by the community food
producer on the site of production. The signage shall include, but
not be limited to, the name and address of the community food
producer.
(4) Best management practices, as described by the Department of
Food and Agriculture, regarding small farm food safety guidelines on,
but not limited to, safe production, processing, and handling of
both nonpotentially hazardous and potentially hazardous foods.
(5) Egg production shall be limited to 15 dozen eggs per month.
(b) (1) A gleaner may sell or provide whole uncut fruits or
vegetables, or unrefrigerated shell eggs, produced by a community
food producer directly to the public without registration if the
gleaner meets all of the requirements specified in subdivisions (a)
and (d).
(2) A gleaner may donate whole uncut fruits or vegetables, or
unrefrigerated shell eggs, produced by a community food producer to a
food bank or food kitchen without registration if it meets both of
the following requirements:
(A) Best management practices, as described by the Department of
Food and Agriculture, regarding small farm food safety guidelines on
handling of both nonpotentially hazardous and potentially hazardous
foods.
(B) Record retention requirements specified in subdivision (d).
(c) Unless otherwise authorized by a local ordinance adopted by a
local jurisdiction, a local city or county health enforcement office
shall not require a community food producer to register with the city
or county or meet requirements in addition to those required in
subdivisions (a) and (d) if the community food producer meets any of
the following conditions:
(1) Agricultural products are sold at the outlet or location,
including, but not limited to, premises, controlled by the community
food producer pursuant to paragraph (6) of subdivision (c) of Section
113789.
(2) Agricultural products are donated to a food bank or food
kitchen that provides food at no cost to consumers.
(3) Agricultural products are sold in a food facility permitted by
a federal, state, or local health agency.
(d) A community food producer or gleaner that sells or provides
whole uncut fruits or vegetables, or unrefrigerated shell eggs,
directly to the public pursuant to this section shall retain records
related to the sale or provision of the food for 30 days, which shall
include the type of food sold and the date of sale.
(e) A food bank or food kitchen that receives whole uncut fruits
or vegetables, or unrefrigerated shell eggs, donated by a community
food producer or gleaner pursuant to this section shall retain
records related to the donation of the food for 30 days, which shall
include the type of food received, the date of receipt, and the name
and contact information of the community food producer or gleaner
that donated the food.
SEC. 3. (a) Section 1.1 of this bill incorporates amendments to
Section 113789 of the Health and Safety proposed by both this bill
and Assembly Bill 143. It shall only become operative if (1) both
bills are enacted and become effective on or before January 1, 2016,
(2) each bill amends Section 113789 of the Health and Safety Code,
(3) Assembly Bill 226 is not enacted or as enacted does not amend
that section, and (4) this bill is enacted after Assembly Bill 143,
in which case Sections 1, 1.2, and 1.3 of this bill shall not become
operative.
(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 226. It shall only become operative if (1) both bills
are enacted and become effective on or before January 1, 2016, (2)
each bill amends Section 113789 of the Health and Safety Code, (3)
Assembly Bill 143 is not enacted or as enacted does not amend that
section, and (4) this bill is enacted after Assembly Bill 226 in
which case Sections 1, 1.1, and 1.3 of this bill shall not become
operative.
(c) Section 1.3 of this bill incorporates amendments to Section
113789 of the Health and Safety Code proposed by this bill, Assembly
Bill 143, and Assembly Bill 226. It shall only become operative if
(1) all three bills are enacted and become effective on or before
January 1, 2016, (2) all three bills amend Section 113789 of the
Health and Safety Code, and (3) this bill is enacted after Assembly
Bill 143 and Assembly Bill 226, in which case Sections 1, 1.1, and
1.2 of this bill shall not become operative.
SEC. 4. 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.
