Bill Text: CA SB1235 | 2013-2014 | Regular Session | Amended

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

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Bill Title: Prepackaged food.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2014-09-30 - Chaptered by Secretary of State. Chapter 927, Statutes of 2014. [SB1235 Detail]

Download: California-2013-SB1235-Amended.html

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BILL NUMBER: SB 1235	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 21, 2014

INTRODUCED BY   Senator Knight

                        FEBRUARY 20, 2014

   An act to amend Section  113876   113789
 of the Health and Safety Code, relating to food.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1235, as amended, Knight. Prepackaged food.
   Existing law, the California Retail Food Code, establishes uniform
health and sanitation standards for retail food facilities, 
including mobile food facilities and temporary food facilities
  as defined. Existing law exempts from the definition
of food facility a premises set aside by a beer manufacturer for the
purposes of 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 crackers or pretzels, is
served . Existing law provides that local health agencies are
primarily responsible for enforcing these provisions. A person who
violates any provision of the code is guilty of a misdemeanor, except
as otherwise provided.  Existing law defines prepackaged
food for purposes of these provisions. 
   This bill would  make technical, nonsubstantive changes to
these provisions.   exclude from the definition of food
facility a premises set aside by a beer manufacturer for the
purposes of beer tasting that offers for onsite consumption
prepackaged chips, pretzels, crackers, nuts, jerky, dried fruit, and
energy bars. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program: no.


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

   SECTION 1.    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   A  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   prepackaged
chips, pretzels, crackers, nuts, jerky, dried fruit, and energy bars
is offered for onsite consumption  .
   (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. 
  SECTION 1.    Section 113876 of the Health and
Safety Code is amended to read:
   113876.  "Prepackaged food" means a properly labeled processed
food, prepackaged to prevent direct human contact with the food
product upon distribution from the manufacturer, a food facility, or
other approved source.