Bill Text: CA AB746 | 2019-2020 | Regular Session | Introduced

California Assembly Bill 746 (Prior Session Legislation)

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

Bill Title: Sherman Food, Drug, and Cosmetic Law: beer manufacturer licensees: exemption.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2019-09-09 - Chaptered by Secretary of State - Chapter 277, Statutes of 2019. [AB746 Detail]

Download: California-2019-AB746-Introduced.html

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill

No. 746

Introduced by Assembly Member Wood

February 19, 2019

An act to amend Section 113947.1 of the Health and Safety Code, relating to food facilities.

LEGISLATIVE COUNSEL'S DIGEST

AB 746, as introduced, Wood. Food facilities: food safety certification.

Existing law, the California Retail Food Code, establishes uniform health and sanitation standards for, and provides for regulation by the State Department of Public Health of, retail food facilities and the preparation of various types of defined foods. Under existing law, local health agencies are primarily responsible for enforcing the code. The existing code requires food facilities that prepare, handle, or serve nonprepackaged, potentially hazardous food, except temporary food facilities, to have an owner or employee who has successfully passed an approved and accredited food safety certification examination. Under existing law, a person who violates a provision of that code is guilty of a misdemeanor, except as otherwise provided.

This bill would exempt the premises of a licensed winegrower or brandy manufacturer utilized for wine tastings and the premises of a licensed beer manufacturer utilized for beer tastings from that safety certification examination requirement.

Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO

The people of the State of California do enact as follows:

SECTION 1.

Section 113947.1 of the Health and Safety Code is amended to read:

113947.1.

(a) Food facilities that prepare, handle, or serve ~~nonprepackaged~~ nonprepackaged, potentially hazardous food, except temporary food facilities, shall have an owner or employee who has successfully passed an approved and accredited food safety certification ~~examination~~ examination, as specified in Sections 113947.2 and 113947.3. There shall be at least one food safety certified owner or employee at each food facility. No A certified person at a food facility ~~may~~ shall not serve at any other food facility as the person required to be certified pursuant to this subdivision. The certified owner or employee need not be present at the food facility during all hours of operation.

(b) Food facilities that are not subject to the requirements of subdivision (a) that prepare, handle, or serve nonprepackaged, nonpotentially hazardous foods, except temporary food facilities, shall do one of the following:

(1) Have an owner or employee who has successfully passed an approved and accredited food safety certification ~~examination~~ examination, as specified in Sections 113947.2 and 113947.3.

(2) Demonstrate to the enforcement officer that the employees have an adequate knowledge of food safety principles as they relate to the specific operation involved in their assigned duties.

(c) ~~On and after July 1, 2007, temporary~~ Temporary food facilities that prepare, handle, or serve nonprepackaged food shall have an owner or person in charge who can demonstrate to the enforcement officer that ~~he or she has~~ they have an adequate knowledge of food safety principles as they relate to the specific food facility operation.

(d) ~~(1)~~For the purposes of this section, multiple contiguous food facilities permitted within the same site and under the same management, ownership, or control shall be deemed to be one food facility, notwithstanding the fact that the food facilities may operate under separate permits.

(2)This subdivision shall not apply to the premises of a licensed winegrower or brandy manufacturer utilized for wine tastings conducted pursuant to Section 23356.1 of the Business and Professions Code of wine or brandy produced or bottled by, or produced and prepackaged for, that licensee when use is limited to wine tasting.

(e) A food facility that commences operation, changes ownership, or no longer has a certified owner or employee pursuant to this section shall have 60 days to comply with this subdivision.

(f) The responsibilities of a certified owner or employee at a food facility or an owner or person in charge of a temporary food facility described in subdivision (c) shall include the safety of food preparation and service, including ensuring that all employees who handle, or have responsibility for handling, nonprepackaged foods of any kind, have sufficient knowledge to ensure the safe preparation or service of the food, or both. The nature and extent of the knowledge that each employee is required to have may be tailored, as appropriate, to the employee’s duties related to food safety issues.

(g) The food safety certificate issued pursuant to Section 113947.3 shall be retained on file at the food facility at all times, and shall be made available for inspection by the enforcement officer.

(h) Certified individuals shall be recertified every five years by passing an approved and accredited food safety certification examination.

(i) A food safety program that was not in effect prior to January 1, 1999, shall not be enacted, adopted, implemented, or enforced, unless the program fully conforms to the requirements of this part.

(j) This section does not apply to any of the following:
(1) The premises of a licensed winegrower or brandy manufacturer utilized for wine tastings conducted pursuant to Section 23356.1 of the Business and Professions Code of wine or brandy produced or bottled by, or produced and prepackaged for, that licensee when use is limited to wine tasting.
(2) The premises of a licensed beer manufacturer utilized for beer tastings conducted pursuant to Section 23357.3 of the Business and Professions Code of beer produced or bottled by, or produced and prepackaged for, that licensee when use is limited to beer tasting.