BILL NUMBER: AB 1990INTRODUCED BILL TEXT INTRODUCED BY Assembly Member Gordon FEBRUARY 20, 2014 An act to amend the heading of Chapter 12.5 (commencing with Section 114375) of Part 7 of Division 104 of, and to add Sections 113932.5, 114376, and 114376.5 to, the Health and Safety Code, relating to urban agricultural production. LEGISLATIVE COUNSEL'S DIGEST AB 1990, as introduced, Gordon. Urban agricultural 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, an urban producer, 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 urban producer meets specified requirements, including that the produce is labeled with the name and address of the urban producer. The bill would also authorize an enforcement officer to enter into and inspect the operations of an urban producer in response to a food safety recall or food safety complaint. The bill would also authorize the enforcement officer to recover reasonable costs associated with that inspection from the urban 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 113932.5 is added to the Health and Safety Code, to read: 113932.5. "Urban producer" means a producer on land that is in compliance with applicable local land use and zoning restrictions, including, but not limited to, restrictions governing community gardens, school gardens, and culinary gardens, without regard to whether the land is zoned for agricultural use. SEC. 2. 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 URBAN AGRICULTURAL PRODUCTION SEC. 3. Section 114376 is added to the Health and Safety Code, to read: 114376. Unless a local jurisdiction adopts an ordinance regulating urban agricultural production that prohibits the activity, an urban producer may sell or provide whole uncut fruits or vegetables, or unrefrigerated shell eggs, directly to the public or to a permitted restaurant if the urban producer meets both of the following requirements: (a) Produce shall be grown or produced in compliance with subdivision (b) of Section 113735. (b) Produce shall be labeled with the name and address of the urban producer. SEC. 4. Section 114376.5 is added to the Health and Safety Code, to read: 114376.5. An enforcement officer, as defined in Section 113774, may enter into and inspect the operations of an urban producer in response to a food safety recall or food safety complaint. The enforcement officer may recover reasonable costs associated with that inspection from the urban producer. SEC. 5. 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.