Bill Text: CA AB724 | 2015-2016 | Regular Session | Amended

California Assembly Bill 724 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Sales and use taxes: exemption: museum displays: Jimmy

Spectrum: Slight Partisan Bill (Democrat 3-1)

Status: (Vetoed) 2016-09-13 - Vetoed by Governor. [AB724 Detail]

Download: California-2015-AB724-Amended.html

BILL NUMBER: AB 724	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 19, 2015

INTRODUCED BY   Assembly Member Dodd

                        FEBRUARY 25, 2015

   An act to amend Section  114335   113755
 of  , and to add Section 114364 to,  the Health and
Safety Code, relating to food safety.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 724, as amended, Dodd. Temporary food  facilities.
  facilities: community event. 
   Existing law, the California Retail Food Code, establishes uniform
health and sanitation standards for retail food facilities,
including temporary food facilities, by the State Department of
Public Health. Existing law provides that local health agencies are
primarily responsible for enforcing this code. A violation of any
provision of the code is generally punishable as a misdemeanor.
Existing law  limits the service of temporary food facilities
that operate at a swap meet to only prepackaged nonpotentially
hazardous food and whole, uncut produce, and requires those temporary
food facilities and   requires  temporary food
facilities that operate at a community event to meet specified
 requirements.   requirements, and defines
"community event" for these purposes. 
   This bill would  make a technical, nonsubstantive change
to those provisions.   require a temporary food facility
to be granted a permit to operate at a community event if the
enforcement agency makes a determination that the temporary food
facility meets specified requirements, and would require the permit
to be issued for the entire duration of the community event. The bill
would revise the defi   nition of community event to
include a district fair. By requiring a local enforcement agency to
issue a permit to a temporary food facility to operate at a community
event under specified circumstances   , this  
bill would impose a state-mandated local program.  
   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, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program:  no
  yes  .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 113755 of the   Health
and Safety Code   is amended to read: 
   113755.  "Community event" means an event that is of civic,
political, public, or educational nature, including state  ,
district,  and county fairs, city festivals, circuses, and other
public gathering events approved by the local enforcement agency.
   SEC. 2.    Section 114364 is added to the  
Health and Safety Code   ,  immediately following
Section 114363 , to read:  
   114364.  (a) A temporary food facility shall, upon application, be
granted a permit to operate at a community event if the enforcement
agency makes a determination that the temporary food facility meets
the requirements specified in subdivisions (b) and (c) of Section
114335.
   (b) A permit issued to a temporary food facility to operate at a
community event under subdivision (a) shall be issued for the entire
duration of the community event and shall expire at the end of that
duration. 
   SEC. 3.    If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code.  
  SECTION 1.    Section 114335 of the Health and
Safety Code is amended to read:
   114335.  (a) Temporary food facilities that operate at a swap meet
are limited to only prepackaged nonpotentially hazardous food and
whole, uncut produce, and shall meet the applicable requirements in
Chapter 1 (commencing with Section 113700) to Chapter 8 (commencing
with Section 114250), inclusive, Chapter 12.6 (commencing with
Section 114377), and Chapter 13 (commencing with Section 114380),
unless specifically exempted from any of these provisions.
   (b) Temporary food facilities that operate at a community event
shall meet the applicable requirements in Chapter 1 (commencing with
Section 113700) to Chapter 8 (commencing with Section 114250),
inclusive, Chapter 12.6 (commencing with Section 114377), and Chapter
13 (commencing with Section 114380), unless specifically exempted
from any of these provisions.
   (c) Food facility requirements shall be determined by the
enforcement agency based on the food service activity to be
conducted, the type of food that is to be prepared or served, the
length of the event, and the extent of food preparation that is to be
conducted at a community event within a temporary food facility.
   (d) Notwithstanding subdivision (a), the enforcement agency may
allow temporary food facilities at a swap meet, depending on the food
service activity to be conducted, the type of food that is to be
prepared or served, the duration of the swap meet, and the extent of
food preparation that is to be conducted at the swap meet.