Amended  IN  Assembly  April 12, 2019

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 110480 of the Health and Safety Code, relating to food facilities. beer manufacturers.


LEGISLATIVE COUNSEL'S DIGEST


AB 746, as amended, Wood. Food facilities: food safety certification. Sherman Food, Drug, and Cosmetic Law: beer manufacturer licensees: exemption.
The existing Sherman Food, Drug, and Cosmetic Law (the law) generally prohibits a person from manufacturing, packing, or holding processed food in this state unless the person has a valid registration from the State Department of Public Health. Existing law makes a person who violates this requirement subject to imprisonment for not more than one year in a county jail, a fine of not more than $1,000, or both the imprisonment and fine. Existing law exempts from the registration requirement a person whose manufacturing, packing, or holding of processed food is limited solely to activities authorized by, among other things, a valid winegrower’s license or wine blender’s license. Existing law also makes beer, which is subject to the Alcoholic Beverage Control Act, subject only to the requirements of the law that relate to adulteration and misbranding.
This bill would exempt the holder of a valid beer manufacturer’s license from the registration requirements of the law.

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 110480 of the Health and Safety Code is amended to read:

110480.
 The registration provisions requirements of this article shall do not apply to any a person whose manufacturing, packing, or holding of processed food is limited solely to temporarily holding processed foods for up to seven days for further transport if the foods are not potentially hazardous foods, as defined in Section 110005, or to any a person whose manufacturing, packing, or holding of processed food is limited solely to activities authorized by any of the following:
(a)  A valid bottled water or water vending machine license issued pursuant to Article 12 (commencing with Section 111070).
(b)  A valid pet food license issued pursuant to Chapter 10 (commencing with Section 113025) of Part 6.
(c)  A valid permit issued pursuant to Chapter 4 (commencing with Section 113700) of Part 7 to a food facility including a food facility that manufactures, packs, or holds processed food for sale at wholesale, provided the food facility that manufactures, packs, or holds processed food for sale at wholesale does not meet any of the following conditions:
(1)  Has gross annual wholesale sales of processed foods of more than 25 percent of total food sales.
(2)  Sells processed foods outside the jurisdiction of the local health department.
(3)  Sells processed foods that require labeling pursuant to this part.
(4)  Processes or handles fresh seafood, frozen seafood held in bulk for further processing, or fresh or frozen raw shellfish.
(5)  Salvages processed foods for sale other than at the retail food facility.
(d)  A valid cold storage license issued pursuant to Chapter 6 (commencing with Section 112350) of Part 6.
(e)  A valid cannery license issued pursuant to Chapter 8 (commencing with Section 112650) of Part 6.
(f)  A valid shellfish certificate issued pursuant to Chapter 5 (commencing with Section 112150) of Part 6.
(g)  A valid frozen food locker plant license issued pursuant to Chapter 7 (commencing with Section 112500) of Part 6.
(h)  A valid winegrower’s license beer manufacturer’s license, winegrower’s license, or wine blender’s license pursuant to Division 9 (commencing with Section 23000) of the Business and Professions Code.
(i)  A valid milk products plant, margarine, imitation ice cream, imitation ice milk, or a products resembling milk products plant license, issued pursuant to Division 15 (commencing with Section 32501) of the Food and Agricultural Code.
(j)  A valid permit issued by a local health department to operate a processing establishment, as defined in Section 111955, that only holds or warehouses processed food, pursuant to Article 1 (commencing with Section 111950) of Chapter 4 of Part 6, provided that all of the following conditions are met:
(1)  The warehouse does not manufacture or pack processed food.
(2)  The warehouse does not hold fresh seafood, frozen seafood held in bulk for further processing, or fresh or frozen raw shellfish.
(3)  The warehouse is not operated as an integral part of a food processing facility required to be registered pursuant to Section 110460.
(4)  The warehouse facilities are located entirely within the area under the jurisdiction of the local health department.
(5)  The warehouse does not salvage food as the primary business.
(k)  This section shall not be construed to does not limit the authority of the Counties of Los Angeles, San Bernardino, and Orange Counties, Orange, or of the City of Vernon, to conduct any inspections otherwise authorized by Chapter 4 (commencing with Section 111950) of Part 6.

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, 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, 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. A certified person at a food facility 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, 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)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 they have an adequate knowledge of food safety principles as they relate to the specific food facility operation.

(d)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.

(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.