California Assembly Bill AB1990 Amended / Bill

 BILL NUMBER: AB 1990AMENDED BILL TEXT AMENDED IN ASSEMBLY APRIL 2, 2014 INTRODUCED BY Assembly Member Gordon 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  113932.5,   113752, 113796,  114376, and 114376.5 to, the Health and Safety Code, relating to  urban agricultural   community food  production. LEGISLATIVE COUNSEL'S DIGEST AB 1990, as amended, Gordon.  Urban agricultural   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,  an urban producer,   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  urban   community food  producer meets specified requirements, including that the produce is labeled with the name and address of the  urban   community food  producer. The bill would also authorize an enforcement officer to enter into and inspect the operations of  an urban   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  that   an  inspection from the  urban   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  113932.5   113752  is added to the Health and Safety Code, to read:  113932.5. "Urban   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, without regard to whether the land is zoned for agricultural use.   gardens.   SEC. 2.   Section 113789 of the   Health and Safety Code   is amended t   o 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. 2.   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  URBAN AGRICULTURAL   COMMUNITY FOOD  PRODUCTION  SEC. 3.   SEC. 5.  Section 114376 is added to the Health and Safety Code, to read: 114376. Unless a local jurisdiction adopts an ordinance regulating  urban agricultural   community food production or agricultural  production that prohibits the activity,  an urban   a community food  producer  or gleaner  may sell or provide whole uncut fruits or vegetables, or unrefrigerated shell eggs, directly to the public  or   ,  to a permitted restaurant  , or a cottage food operation  if the  urban   community food  producer meets  both   all  of the following requirements: (a)  Produce   Agricultural products  shall be grown or produced in compliance with subdivision (b) of Section 113735. (b)  Produce   Agricultural products  shall be labeled with the name and address of the  urban   community food  producer.  (c) 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.   SEC. 4.   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  an urban   a community food  producer in response to a food safety recall or food safety complaint. The enforcement officer may recover reasonable costs associated with  that   an  inspection from the  urban   community food  producer.  (b) (1) An enforcement offer 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. 5.   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.