Bill Text: CA AB377 | 2019-2020 | Regular Session | Amended
Bill Title: Microenterprise home kitchen operations.
Spectrum: Bipartisan Bill
Status: (Passed) 2019-10-07 - Chaptered by Secretary of State - Chapter 536, Statutes of 2019. [AB377 Detail]
Download: California-2019-AB377-Amended.html
Amended
IN
Assembly
March 25, 2019 |
Amended
IN
Assembly
March 11, 2019 |
Assembly Bill | No. 377 |
Introduced by Assembly Member Eduardo Garcia |
February 05, 2019 |
LEGISLATIVE COUNSEL'S DIGEST
Digest Key
Vote: 2/3 Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 114367 of the Health and Safety Code is repealed.SEC. 2.
Section 114367 is added to the Health and Safety Code, to read:114367.
The governing body of a city, county, or city and county that is designated as the enforcement agency, as defined in Section 113773, may authorize, by ordinance or resolution, within its jurisdiction the permitting of microenterprise home kitchen operations in accordance with this chapter. If a governing body of a city, county, or city and county authorizes the permitting of microenterprise home kitchen operations, the authorization shall apply to all areas within its jurisdiction, including being applicable to all cities within a county that authorizes microenterprise home kitchen operations, regardless of whether each city located within the jurisdiction of the county separately authorizes them.SEC. 3.
Section 114367.1 of the Health and Safety Code is amended to read:114367.1.
(a) A microenterprise home kitchen operation, as defined in Section 113825, shall be considered a restricted food service facility for purposes of, and subject to all applicable requirements of, Chapter 1 (commencing with Section 113700) to Chapter 9 (commencing with Section 114265), inclusive, and Chapter 13 (commencing with Section 114380), except as otherwise provided in this chapter.(8)Limitations on outdoor display and sale of foods, as specified in Section 114069, provided that food is protected to prevent
contamination and that any potentially hazardous food that is displayed or sold outdoors is maintained at the required temperatures. Food items from the outdoor display shall be stored inside the kitchen when not operating the microenterprise home kitchen operation.
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SEC. 4.
Section 114367.2 of the Health and Safety Code is amended to read:114367.2.
(a) A microenterprise home kitchen operation shall not be open for business unless it has obtained a permit issued from the enforcement agency.(a)Notwithstanding any other law, a microenterprise home kitchen operation shall not be subject to more than one prescheduled, routine inspection each year by the enforcement agency, except in cases in which the enforcement agency has valid reason, such as a consumer complaint, to suspect that adulterated or otherwise unsafe food has been produced or served by the microenterprise home kitchen operation or that the microenterprise home kitchen operation has otherwise been in violation of this part.
(b)
Access provided under this section is limited to the permitted area of the microenterprise home kitchen
operation during the time when the microenterprise home kitchen operation is operating under the permit and not as a private home, and solely for the purpose of enforcing or administering this part. Access may be allowed outside of the time when the microenterprise home kitchen operation is
operating under the permit if the permit holder reaches an agreement with the enforcement agency on a mutually acceptable time for the inspection to occur.
(c)An enforcement agency may seek recovery from a microenterprise home kitchen operation of an amount that does not exceed the enforcement agency’s reasonable costs of inspecting the microenterprise home kitchen operation for compliance with this part if the microenterprise home kitchen operation is found to be in violation of this part.
SEC. 5.
Section 114367.3 of the Health and Safety Code is repealed.(a)Notwithstanding any other law, after the initial inspection for purposes of determining compliance with this chapter, a microenterprise home kitchen operation shall not be subject to routine inspections, except that a representative of a local enforcement agency may access, for inspection purposes, the permitted area of a microenterprise home kitchen operation after the occurrence of either of the following:
(1)The representative has provided the microenterprise home kitchen operation with reasonable advance notice.
(2)The representative has a valid reason, such as a consumer complaint, to
suspect that adulterated or otherwise unsafe food has been produced or served by the microenterprise home kitchen operation, or that the microenterprise home kitchen operation has otherwise been in violation of this part.
(b)Notwithstanding any other law, a microenterprise home kitchen operation shall not be subject to more than one inspection each year by the local enforcement agency, except in cases in which the local enforcement agency has valid reason, such as a consumer complaint, to suspect that adulterated or otherwise unsafe food has been produced or served by the microenterprise home kitchen operation, or that the microenterprise home kitchen operation has otherwise been in violation of this part.
(c)The local enforcement agency shall document the reason for the
inspection, keep that documentation on file with the microenterprise home kitchen operation’s permit, and provide the reason in writing to the operator of the microenterprise home kitchen operation.
(d)Access provided under this section is limited to the permitted area of the microenterprise home kitchen operation, during the posted operating hours of the microenterprise home kitchen operation, and solely for the purpose of enforcing or administering this part.
(e)A local enforcement agency may seek recovery from a microenterprise home kitchen operation of an amount that does not exceed the local enforcement agency’s reasonable costs of inspecting the microenterprise home kitchen operation for compliance with this part if the microenterprise home kitchen operation is
found to be in violation of this part.
SEC. 6.
Section 114367.3 is added to the Health and Safety Code, to read:114367.3.
(a) Notwithstanding any other law, a microenterprise home kitchen operation shall only be subject to the three following types of inspections by the enforcement agency:SEC. 6.SEC. 7.
Section 114367.5 of the Health and Safety Code is amended to read:114367.5.
(a) A person delivering food on behalf of a microenterprise home kitchen operation with a permit issued pursuant to Section 114367.2 shall be an employee of the microenterprise home kitchen operation or a family member or household member of theSEC. 7.SEC. 8.
Section 114367.6 of the Health and Safety Code is amended to read:114367.6.
(a) An internet food service intermediary that lists or promotes a microenterprise home kitchen operation on its internet website or mobile application shall meet all of the following requirements:(a)(1)On or before January 1, 2022, an enforcement agency permitting and inspecting microenterprise home kitchen operations in accordance with this chapter shall report to the Legislature all of the following relating to microenterprise home kitchen operations within its jurisdiction:
(A)Number of permits issued.
(B)Foods authorized to be prepared.
(C)Number and nature of violations of this chapter.
(2)The report shall be submitted in compliance with Section 9795 of the Government Code.
(b)Within seven business days of submitting the report pursuant to subdivision (a), an enforcement agency shall post a conspicuous link on the homepage of its internet website to an electronic copy of the
report.