Bill Text: CA AB1990 | 2013-2014 | Regular Session | Amended

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

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Bill Title: Food production.

Sponsorship: Partisan Bill (Democrat 2)

Status: (Passed) 2014-09-26 - Chaptered by Secretary of State - Chapter 580, Statutes of 2014. [AB1990 Detail]

Download: California-2013-AB1990-Amended.html

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BILL NUMBER: AB 1990	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 15, 2014
	AMENDED IN ASSEMBLY  APRIL 22, 2014
	AMENDED IN ASSEMBLY  APRIL 2, 2014

INTRODUCED BY   Assembly Member Gordon
    (   Coauthor:   Assembly Member  
Gatto   ) 

                        FEBRUARY 20, 2014

   An act to amend Section 113789 of, to amend the heading of Chapter
12.5 (commencing with Section 114375) of Part 7 of Division 104 of,
and to add Sections 113752, 113796, 114376, and 114376.5 to, the
Health and Safety Code, relating to community food production.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1990, as amended, Gordon. Community food production.
   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.
The code requires farm stands, as defined, to comply with specified
requirements governing food safety and sanitation. A violation of the
code is a crime.
   This bill would authorize, except under a specified circumstance,
a community food producer or a gleaner, as defined, to sell or
provide whole uncut fruits or vegetables, or unrefrigerated shell
eggs, directly to the public or to a permitted restaurant if the
community food producer meets specified requirements, including that
the produce is labeled with the name and address of the community
food producer  , and that the community food producer
registers with the local city or county health enforcement office
 .  The bill would authorize a city or county health
enforcement office to require a community food producer to register
with the city or county and to provide specified information,
including, but not limited to, the name, address, and telephone
number of the community food producer.  The bill would also
authorize an enforcement officer to enter into and inspect the
operations of a community food producer in response to a food safety
recall or food safety complaint. The bill would authorize an
enforcement officer to issue a cease and desist order for violations
of these provisions, which would prohibit the community food producer
from further sales until the operations of the community food
producer are reinspected and cleared by the enforcement officer's
agency. The bill would also authorize the enforcement officer to
recover reasonable costs associated with an inspection from the
community food producer.
   Because the bill would create new crimes and would impose
additional duties on local food inspectors, the 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 with regard to certain mandates no
reimbursement is required by this act for a specified reason.
   With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.
   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 113752 is added to the Health and Safety Code,
to read:
   113752.  "Community food producer" means a producer of
agricultural products on land that is not zoned for agricultural use
but is otherwise in compliance with applicable local land use and
zoning restrictions, including, but not limited to, restrictions
governing personal gardens, community gardens, school gardens, and
culinary gardens.
  SEC. 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) Any 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 or pretzels, is served.
   (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. 3.  Section 113796 is added to the Health and Safety Code, to
read:
   113796.  "Gleaner" means a person who legally gathers remnants of
an agricultural crop or harvests part of, or all of, an agricultural
crop made available by the owner of the agricultural crop.
  SEC. 4.  The heading of Chapter 12.5 (commencing with Section
114375) of Part 7 of Division 104 of the Health and Safety Code is
amended to read:
      CHAPTER 12.5.  FARM STANDS AND COMMUNITY FOOD PRODUCTION


  SEC. 5.  Section 114376 is added to the Health and Safety Code, to
read:
   114376.   (a)    Unless a local jurisdiction
adopts an ordinance regulating community food production or
agricultural production that prohibits 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 all of the following requirements: 
   (a) 
    (1)  Agricultural products shall be grown or produced in
compliance with subdivision (b) of Section 113735. 
   (b) 
    (2)  Agricultural products shall be labeled with the
name and address of the community food producer. 
   (c) 
    (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. 
   (d) Registration with the local city or county health enforcement
office, including, but not limited to, the name, address, and phone
number of the community food producer, shall be required. 

   (b) A local city or county health enforcement office may require a
community food producer to register with the city or county and to
provide specified information, including, but not limited to, the
name, address, and telephone number of the community food producer.

  SEC. 6.  Section 114376.5 is added to the Health and Safety Code,
to read:
   114376.5.  (a) An enforcement officer, as defined in Section
113774, may enter into and inspect the operations of a community food
producer in response to a food safety recall or food safety
complaint. The enforcement officer may recover reasonable costs
associated with an inspection from the community food producer.
   (b) (1) An enforcement officer may issue a community food producer
a cease and desist order for violations of Section 114376, upon
which the community food producer shall be prohibited from further
sales until the operations of the community food producer have been
reinspected and cleared by the enforcement officer's agency.
   (2) At any time within 15 calendar days after issuance of the
cease and desist order, the community food producer may request in
writing a hearing before a hearing officer to show cause why the
prohibition of further sales is not warranted. The hearing shall be
held within 15 calendar days of the receipt of a request for a
hearing. A failure to request a hearing within 15 calendar days shall
be deemed a waiver of the right to a hearing.
   (c) Violations of Section 114376 shall be subject to the penalties
specified in Section 114395.
  SEC. 7.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution for
certain costs that may be incurred by a local agency or school
district because, in that regard, 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.
   However, if the Commission on State Mandates determines that this
act contains other 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.