CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 557Introduced by Senator HernandezFebruary 16, 2017 An act to add Article 13 (commencing with Section 49580) to Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, and to amend Section 114079 of the Health and Safety Code, relating to food safety. LEGISLATIVE COUNSEL'S DIGESTSB 557, as introduced, Hernandez. Food donations: schools.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 various types of food. Under existing law, local health agencies are primarily responsible for enforcing the California Retail Food Code. A violation of any of these provisions is a crime. Existing law generally prohibits food that is unused or returned by the consumer, after being served or sold and in the possession of a consumer, from being offered as food for human consumption. Existing law authorizes a container of food that is not potentially hazardous to be transferred from one consumer to another if the food is dispensed so that it is protected from contamination and the container is closed between uses or if the food is in an unopened original package and is maintained in sound condition, and if the food is checked periodically on a regular basis.This bill would exempt from this prohibition food that a public school cafeteria donates to a food bank or to any other nonprofit charitable organization, as defined, for distribution to persons free of charge that fits specified criteria.This bill would require the State Department of Education to update specified guidelines on the donation of leftover food.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Article 13 (commencing with Section 49580) is added to Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, to read: Article 13. Food Recovery Program49580. For purposes of this article, the following terms have the following meanings:(a) Food has the same meaning as in Section 113781 of the Health and Safety Code.(b) Food bank has the same meaning as in Section 113783 of the Health and Safety Code.(c) Nonprofit charitable organization has the same meaning as in Section 113841 of the Health and Safety Code.49581. The department shall update its guidance on the donation of leftover food to allow a public school cafeteria to donate food to a food bank or to any other nonprofit charitable organization for distribution to persons free of charge that is consistent with Section 114079 of the Health and Safety Code.SEC. 2. Section 114079 of the Health and Safety Code is amended to read:114079. (a) Except as specified in subdivision (b), after being served or sold and in the possession of a consumer, food that is unused or returned by the consumer shall not be offered as food for human consumption.(b) (1) A container of food that is not potentially hazardous may be transferred from one consumer to another if the food is dispensed so that it is protected from contamination and the container is closed between uses, such as a narrow-neck bottle containing catsup, steak sauce, or wine, or if the food, such as crackers, salt, or pepper, is in an unopened original package and is maintained in sound condition, and if the food is checked periodically on a regular basis.(2) Food that a public school cafeteria donates to a food bank or to any other nonprofit charitable organization for distribution to persons free of charge that is any of the following:(A) Prepackaged, nonpotentially hazardous food, including, but not limited, food with the packaging still in good condition.(B) Whole uncut produce.(C) Fruit that will be peeled.
CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 557Introduced by Senator HernandezFebruary 16, 2017 An act to add Article 13 (commencing with Section 49580) to Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, and to amend Section 114079 of the Health and Safety Code, relating to food safety. LEGISLATIVE COUNSEL'S DIGESTSB 557, as introduced, Hernandez. Food donations: schools.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 various types of food. Under existing law, local health agencies are primarily responsible for enforcing the California Retail Food Code. A violation of any of these provisions is a crime. Existing law generally prohibits food that is unused or returned by the consumer, after being served or sold and in the possession of a consumer, from being offered as food for human consumption. Existing law authorizes a container of food that is not potentially hazardous to be transferred from one consumer to another if the food is dispensed so that it is protected from contamination and the container is closed between uses or if the food is in an unopened original package and is maintained in sound condition, and if the food is checked periodically on a regular basis.This bill would exempt from this prohibition food that a public school cafeteria donates to a food bank or to any other nonprofit charitable organization, as defined, for distribution to persons free of charge that fits specified criteria.This bill would require the State Department of Education to update specified guidelines on the donation of leftover food.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION
Senate Bill No. 557
Introduced by Senator HernandezFebruary 16, 2017
Introduced by Senator Hernandez
February 16, 2017
An act to add Article 13 (commencing with Section 49580) to Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, and to amend Section 114079 of the Health and Safety Code, relating to food safety.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
SB 557, as introduced, Hernandez. Food donations: schools.
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 various types of food. Under existing law, local health agencies are primarily responsible for enforcing the California Retail Food Code. A violation of any of these provisions is a crime. Existing law generally prohibits food that is unused or returned by the consumer, after being served or sold and in the possession of a consumer, from being offered as food for human consumption. Existing law authorizes a container of food that is not potentially hazardous to be transferred from one consumer to another if the food is dispensed so that it is protected from contamination and the container is closed between uses or if the food is in an unopened original package and is maintained in sound condition, and if the food is checked periodically on a regular basis.This bill would exempt from this prohibition food that a public school cafeteria donates to a food bank or to any other nonprofit charitable organization, as defined, for distribution to persons free of charge that fits specified criteria.This bill would require the State Department of Education to update specified guidelines on the donation of leftover food.
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 various types of food. Under existing law, local health agencies are primarily responsible for enforcing the California Retail Food Code. A violation of any of these provisions is a crime. Existing law generally prohibits food that is unused or returned by the consumer, after being served or sold and in the possession of a consumer, from being offered as food for human consumption. Existing law authorizes a container of food that is not potentially hazardous to be transferred from one consumer to another if the food is dispensed so that it is protected from contamination and the container is closed between uses or if the food is in an unopened original package and is maintained in sound condition, and if the food is checked periodically on a regular basis.
This bill would exempt from this prohibition food that a public school cafeteria donates to a food bank or to any other nonprofit charitable organization, as defined, for distribution to persons free of charge that fits specified criteria.
This bill would require the State Department of Education to update specified guidelines on the donation of leftover food.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Article 13 (commencing with Section 49580) is added to Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, to read: Article 13. Food Recovery Program49580. For purposes of this article, the following terms have the following meanings:(a) Food has the same meaning as in Section 113781 of the Health and Safety Code.(b) Food bank has the same meaning as in Section 113783 of the Health and Safety Code.(c) Nonprofit charitable organization has the same meaning as in Section 113841 of the Health and Safety Code.49581. The department shall update its guidance on the donation of leftover food to allow a public school cafeteria to donate food to a food bank or to any other nonprofit charitable organization for distribution to persons free of charge that is consistent with Section 114079 of the Health and Safety Code.SEC. 2. Section 114079 of the Health and Safety Code is amended to read:114079. (a) Except as specified in subdivision (b), after being served or sold and in the possession of a consumer, food that is unused or returned by the consumer shall not be offered as food for human consumption.(b) (1) A container of food that is not potentially hazardous may be transferred from one consumer to another if the food is dispensed so that it is protected from contamination and the container is closed between uses, such as a narrow-neck bottle containing catsup, steak sauce, or wine, or if the food, such as crackers, salt, or pepper, is in an unopened original package and is maintained in sound condition, and if the food is checked periodically on a regular basis.(2) Food that a public school cafeteria donates to a food bank or to any other nonprofit charitable organization for distribution to persons free of charge that is any of the following:(A) Prepackaged, nonpotentially hazardous food, including, but not limited, food with the packaging still in good condition.(B) Whole uncut produce.(C) Fruit that will be peeled.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Article 13 (commencing with Section 49580) is added to Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, to read: Article 13. Food Recovery Program49580. For purposes of this article, the following terms have the following meanings:(a) Food has the same meaning as in Section 113781 of the Health and Safety Code.(b) Food bank has the same meaning as in Section 113783 of the Health and Safety Code.(c) Nonprofit charitable organization has the same meaning as in Section 113841 of the Health and Safety Code.49581. The department shall update its guidance on the donation of leftover food to allow a public school cafeteria to donate food to a food bank or to any other nonprofit charitable organization for distribution to persons free of charge that is consistent with Section 114079 of the Health and Safety Code.
SECTION 1. Article 13 (commencing with Section 49580) is added to Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, to read:
### SECTION 1.
Article 13. Food Recovery Program49580. For purposes of this article, the following terms have the following meanings:(a) Food has the same meaning as in Section 113781 of the Health and Safety Code.(b) Food bank has the same meaning as in Section 113783 of the Health and Safety Code.(c) Nonprofit charitable organization has the same meaning as in Section 113841 of the Health and Safety Code.49581. The department shall update its guidance on the donation of leftover food to allow a public school cafeteria to donate food to a food bank or to any other nonprofit charitable organization for distribution to persons free of charge that is consistent with Section 114079 of the Health and Safety Code.
Article 13. Food Recovery Program49580. For purposes of this article, the following terms have the following meanings:(a) Food has the same meaning as in Section 113781 of the Health and Safety Code.(b) Food bank has the same meaning as in Section 113783 of the Health and Safety Code.(c) Nonprofit charitable organization has the same meaning as in Section 113841 of the Health and Safety Code.49581. The department shall update its guidance on the donation of leftover food to allow a public school cafeteria to donate food to a food bank or to any other nonprofit charitable organization for distribution to persons free of charge that is consistent with Section 114079 of the Health and Safety Code.
Article 13. Food Recovery Program
Article 13. Food Recovery Program
49580. For purposes of this article, the following terms have the following meanings:(a) Food has the same meaning as in Section 113781 of the Health and Safety Code.(b) Food bank has the same meaning as in Section 113783 of the Health and Safety Code.(c) Nonprofit charitable organization has the same meaning as in Section 113841 of the Health and Safety Code.
49580. For purposes of this article, the following terms have the following meanings:
(a) Food has the same meaning as in Section 113781 of the Health and Safety Code.
(b) Food bank has the same meaning as in Section 113783 of the Health and Safety Code.
(c) Nonprofit charitable organization has the same meaning as in Section 113841 of the Health and Safety Code.
49581. The department shall update its guidance on the donation of leftover food to allow a public school cafeteria to donate food to a food bank or to any other nonprofit charitable organization for distribution to persons free of charge that is consistent with Section 114079 of the Health and Safety Code.
49581. The department shall update its guidance on the donation of leftover food to allow a public school cafeteria to donate food to a food bank or to any other nonprofit charitable organization for distribution to persons free of charge that is consistent with Section 114079 of the Health and Safety Code.
SEC. 2. Section 114079 of the Health and Safety Code is amended to read:114079. (a) Except as specified in subdivision (b), after being served or sold and in the possession of a consumer, food that is unused or returned by the consumer shall not be offered as food for human consumption.(b) (1) A container of food that is not potentially hazardous may be transferred from one consumer to another if the food is dispensed so that it is protected from contamination and the container is closed between uses, such as a narrow-neck bottle containing catsup, steak sauce, or wine, or if the food, such as crackers, salt, or pepper, is in an unopened original package and is maintained in sound condition, and if the food is checked periodically on a regular basis.(2) Food that a public school cafeteria donates to a food bank or to any other nonprofit charitable organization for distribution to persons free of charge that is any of the following:(A) Prepackaged, nonpotentially hazardous food, including, but not limited, food with the packaging still in good condition.(B) Whole uncut produce.(C) Fruit that will be peeled.
SEC. 2. Section 114079 of the Health and Safety Code is amended to read:
### SEC. 2.
114079. (a) Except as specified in subdivision (b), after being served or sold and in the possession of a consumer, food that is unused or returned by the consumer shall not be offered as food for human consumption.(b) (1) A container of food that is not potentially hazardous may be transferred from one consumer to another if the food is dispensed so that it is protected from contamination and the container is closed between uses, such as a narrow-neck bottle containing catsup, steak sauce, or wine, or if the food, such as crackers, salt, or pepper, is in an unopened original package and is maintained in sound condition, and if the food is checked periodically on a regular basis.(2) Food that a public school cafeteria donates to a food bank or to any other nonprofit charitable organization for distribution to persons free of charge that is any of the following:(A) Prepackaged, nonpotentially hazardous food, including, but not limited, food with the packaging still in good condition.(B) Whole uncut produce.(C) Fruit that will be peeled.
114079. (a) Except as specified in subdivision (b), after being served or sold and in the possession of a consumer, food that is unused or returned by the consumer shall not be offered as food for human consumption.(b) (1) A container of food that is not potentially hazardous may be transferred from one consumer to another if the food is dispensed so that it is protected from contamination and the container is closed between uses, such as a narrow-neck bottle containing catsup, steak sauce, or wine, or if the food, such as crackers, salt, or pepper, is in an unopened original package and is maintained in sound condition, and if the food is checked periodically on a regular basis.(2) Food that a public school cafeteria donates to a food bank or to any other nonprofit charitable organization for distribution to persons free of charge that is any of the following:(A) Prepackaged, nonpotentially hazardous food, including, but not limited, food with the packaging still in good condition.(B) Whole uncut produce.(C) Fruit that will be peeled.
114079. (a) Except as specified in subdivision (b), after being served or sold and in the possession of a consumer, food that is unused or returned by the consumer shall not be offered as food for human consumption.(b) (1) A container of food that is not potentially hazardous may be transferred from one consumer to another if the food is dispensed so that it is protected from contamination and the container is closed between uses, such as a narrow-neck bottle containing catsup, steak sauce, or wine, or if the food, such as crackers, salt, or pepper, is in an unopened original package and is maintained in sound condition, and if the food is checked periodically on a regular basis.(2) Food that a public school cafeteria donates to a food bank or to any other nonprofit charitable organization for distribution to persons free of charge that is any of the following:(A) Prepackaged, nonpotentially hazardous food, including, but not limited, food with the packaging still in good condition.(B) Whole uncut produce.(C) Fruit that will be peeled.
114079. (a) Except as specified in subdivision (b), after being served or sold and in the possession of a consumer, food that is unused or returned by the consumer shall not be offered as food for human consumption.
(b) (1) A container of food that is not potentially hazardous may be transferred from one consumer to another if the food is dispensed so that it is protected from contamination and the container is closed between uses, such as a narrow-neck bottle containing catsup, steak sauce, or wine, or if the food, such as crackers, salt, or pepper, is in an unopened original package and is maintained in sound condition, and if the food is checked periodically on a regular basis.
(2) Food that a public school cafeteria donates to a food bank or to any other nonprofit charitable organization for distribution to persons free of charge that is any of the following:
(A) Prepackaged, nonpotentially hazardous food, including, but not limited, food with the packaging still in good condition.
(B) Whole uncut produce.
(C) Fruit that will be peeled.