California 2019 2019-2020 Regular Session

California Assembly Bill AB3336 Amended / Bill

Filed 08/12/2020

                    Amended IN  Senate  August 12, 2020 Amended IN  Assembly  June 15, 2020 Amended IN  Assembly  May 04, 2020 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 3336Introduced by Assembly Member CarrilloFebruary 21, 2020An act to amend Section 113982 of, and to add Section 113930.5 to, the Health and Safety Code, relating to food.LEGISLATIVE COUNSEL'S DIGESTAB 3336, as amended, Carrillo. Third-party food delivery service: food safety.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, as defined, and requires local health agencies to enforce these provisions. Existing law provides specified standards for the transportation of food, including, among others, the requirement for all food to be transported so as to be pure and free from adulteration and spoilage, and the requirement for potentially hazardous food to be maintained at the required holding temperatures, except as specified. A person who violates any provision of the code is guilty of a misdemeanor, except as otherwise provided.This bill would require ready-to-eat food delivered through a third-party food delivery service, as defined, to be transported in a manner in which the ready-to-eat food is protected from contamination, as specified, and would require all bags or containers in which ready-to-eat foods are being transported or delivered from a food facility to a customer through a third-party food delivery service to be closed by the food facility with a tamper-evident method prior to the food deliverer taking possession of the food. The bill would authorize enforcement officers to recover reasonable costs in enforcing those requirements. The bill would also exempt from these food transportation requirements the bag or container requirement food transported as part of a charitable feeding program and food that is being donated to a food bank. By imposing duties on local officials and creating a new crime, 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.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 113930.5 is added to the Health and Safety Code, to read:113930.5. Third-party food delivery service means a business engaged in the service of online food ordering and delivery from a food facility, except for grocery stores, as defined in Section 113948, to a consumer.SEC. 2. Section 113982 of the Health and Safety Code is amended to read:113982. (a) Except as specified in subdivision (b), food shall be transported in a manner that meets the following requirements:(1) The interior floor, sides, and top of the food holding area shall be constructed of a smooth, washable, impervious material capable of withstanding frequent cleaning.(2) The food holding area shall be constructed and operated so that no liquid wastes can drain onto any street, sidewalk, or premises.(3) Except as provided in subdivision (a) of Section 113996, potentially hazardous food shall be maintained at the required holding temperatures.(b) (1) In addition to the requirements specified in paragraphs (2) and (3) of subdivision (a), ready-to-eat Ready-to-eat food delivered through a third-party food delivery service shall be transported in a manner that meets both all of the following requirements:(A) The interior floor, sides, and top of the food holding area shall be clean and capable of withstanding frequent cleaning. (B) Ready-to-eat food shall be protected from contamination in accordance with Section 113980.(C) The food shall be maintained at holding temperature necessary to prevent spoilage.(2) All bags or containers in which ready-to-eat foods are being transported or delivered from a food facility to a customer through a third-party food delivery service shall be closed by the food facility with a tamper-evident method prior to the food deliverer deliverer, who transports and delivers ready-to-eat food for the third-party food delivery service, taking possession of the ready-to-eat food.(3) Enforcement officers may recover from a third-party food delivery service reasonable costs that are associated with the enforcement of this section against food deliverers who transport and deliver ready-to-eat food for the third-party food delivery service. (c) (1) This section shall not apply to the transportation of prepackaged nonpotentially hazardous foods, food transported as part of a charitable feeding program, or food being donated to a food bank, as defined in Section 113783. foods.(2) Paragraph (2) of subdivision (b) shall not apply to food transported as part of a charitable feeding program or food being donated to a food bank, as defined in Section 113783.SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB 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.

 Amended IN  Senate  August 12, 2020 Amended IN  Assembly  June 15, 2020 Amended IN  Assembly  May 04, 2020 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 3336Introduced by Assembly Member CarrilloFebruary 21, 2020An act to amend Section 113982 of, and to add Section 113930.5 to, the Health and Safety Code, relating to food.LEGISLATIVE COUNSEL'S DIGESTAB 3336, as amended, Carrillo. Third-party food delivery service: food safety.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, as defined, and requires local health agencies to enforce these provisions. Existing law provides specified standards for the transportation of food, including, among others, the requirement for all food to be transported so as to be pure and free from adulteration and spoilage, and the requirement for potentially hazardous food to be maintained at the required holding temperatures, except as specified. A person who violates any provision of the code is guilty of a misdemeanor, except as otherwise provided.This bill would require ready-to-eat food delivered through a third-party food delivery service, as defined, to be transported in a manner in which the ready-to-eat food is protected from contamination, as specified, and would require all bags or containers in which ready-to-eat foods are being transported or delivered from a food facility to a customer through a third-party food delivery service to be closed by the food facility with a tamper-evident method prior to the food deliverer taking possession of the food. The bill would authorize enforcement officers to recover reasonable costs in enforcing those requirements. The bill would also exempt from these food transportation requirements the bag or container requirement food transported as part of a charitable feeding program and food that is being donated to a food bank. By imposing duties on local officials and creating a new crime, 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.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: YES 

 Amended IN  Senate  August 12, 2020 Amended IN  Assembly  June 15, 2020 Amended IN  Assembly  May 04, 2020

Amended IN  Senate  August 12, 2020
Amended IN  Assembly  June 15, 2020
Amended IN  Assembly  May 04, 2020

 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION

 Assembly Bill 

No. 3336

Introduced by Assembly Member CarrilloFebruary 21, 2020

Introduced by Assembly Member Carrillo
February 21, 2020

An act to amend Section 113982 of, and to add Section 113930.5 to, the Health and Safety Code, relating to food.

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

AB 3336, as amended, Carrillo. Third-party food delivery service: food safety.

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, as defined, and requires local health agencies to enforce these provisions. Existing law provides specified standards for the transportation of food, including, among others, the requirement for all food to be transported so as to be pure and free from adulteration and spoilage, and the requirement for potentially hazardous food to be maintained at the required holding temperatures, except as specified. A person who violates any provision of the code is guilty of a misdemeanor, except as otherwise provided.This bill would require ready-to-eat food delivered through a third-party food delivery service, as defined, to be transported in a manner in which the ready-to-eat food is protected from contamination, as specified, and would require all bags or containers in which ready-to-eat foods are being transported or delivered from a food facility to a customer through a third-party food delivery service to be closed by the food facility with a tamper-evident method prior to the food deliverer taking possession of the food. The bill would authorize enforcement officers to recover reasonable costs in enforcing those requirements. The bill would also exempt from these food transportation requirements the bag or container requirement food transported as part of a charitable feeding program and food that is being donated to a food bank. By imposing duties on local officials and creating a new crime, 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.

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, as defined, and requires local health agencies to enforce these provisions. Existing law provides specified standards for the transportation of food, including, among others, the requirement for all food to be transported so as to be pure and free from adulteration and spoilage, and the requirement for potentially hazardous food to be maintained at the required holding temperatures, except as specified. A person who violates any provision of the code is guilty of a misdemeanor, except as otherwise provided.

This bill would require ready-to-eat food delivered through a third-party food delivery service, as defined, to be transported in a manner in which the ready-to-eat food is protected from contamination, as specified, and would require all bags or containers in which ready-to-eat foods are being transported or delivered from a food facility to a customer through a third-party food delivery service to be closed by the food facility with a tamper-evident method prior to the food deliverer taking possession of the food. The bill would authorize enforcement officers to recover reasonable costs in enforcing those requirements. The bill would also exempt from these food transportation requirements the bag or container requirement food transported as part of a charitable feeding program and food that is being donated to a food bank. By imposing duties on local officials and creating a new crime, 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.

## Digest Key

## Bill Text

The people of the State of California do enact as follows:SECTION 1. Section 113930.5 is added to the Health and Safety Code, to read:113930.5. Third-party food delivery service means a business engaged in the service of online food ordering and delivery from a food facility, except for grocery stores, as defined in Section 113948, to a consumer.SEC. 2. Section 113982 of the Health and Safety Code is amended to read:113982. (a) Except as specified in subdivision (b), food shall be transported in a manner that meets the following requirements:(1) The interior floor, sides, and top of the food holding area shall be constructed of a smooth, washable, impervious material capable of withstanding frequent cleaning.(2) The food holding area shall be constructed and operated so that no liquid wastes can drain onto any street, sidewalk, or premises.(3) Except as provided in subdivision (a) of Section 113996, potentially hazardous food shall be maintained at the required holding temperatures.(b) (1) In addition to the requirements specified in paragraphs (2) and (3) of subdivision (a), ready-to-eat Ready-to-eat food delivered through a third-party food delivery service shall be transported in a manner that meets both all of the following requirements:(A) The interior floor, sides, and top of the food holding area shall be clean and capable of withstanding frequent cleaning. (B) Ready-to-eat food shall be protected from contamination in accordance with Section 113980.(C) The food shall be maintained at holding temperature necessary to prevent spoilage.(2) All bags or containers in which ready-to-eat foods are being transported or delivered from a food facility to a customer through a third-party food delivery service shall be closed by the food facility with a tamper-evident method prior to the food deliverer deliverer, who transports and delivers ready-to-eat food for the third-party food delivery service, taking possession of the ready-to-eat food.(3) Enforcement officers may recover from a third-party food delivery service reasonable costs that are associated with the enforcement of this section against food deliverers who transport and deliver ready-to-eat food for the third-party food delivery service. (c) (1) This section shall not apply to the transportation of prepackaged nonpotentially hazardous foods, food transported as part of a charitable feeding program, or food being donated to a food bank, as defined in Section 113783. foods.(2) Paragraph (2) of subdivision (b) shall not apply to food transported as part of a charitable feeding program or food being donated to a food bank, as defined in Section 113783.SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB 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.

The people of the State of California do enact as follows:

## The people of the State of California do enact as follows:

SECTION 1. Section 113930.5 is added to the Health and Safety Code, to read:113930.5. Third-party food delivery service means a business engaged in the service of online food ordering and delivery from a food facility, except for grocery stores, as defined in Section 113948, to a consumer.

SECTION 1. Section 113930.5 is added to the Health and Safety Code, to read:

### SECTION 1.

113930.5. Third-party food delivery service means a business engaged in the service of online food ordering and delivery from a food facility, except for grocery stores, as defined in Section 113948, to a consumer.

113930.5. Third-party food delivery service means a business engaged in the service of online food ordering and delivery from a food facility, except for grocery stores, as defined in Section 113948, to a consumer.

113930.5. Third-party food delivery service means a business engaged in the service of online food ordering and delivery from a food facility, except for grocery stores, as defined in Section 113948, to a consumer.



113930.5. Third-party food delivery service means a business engaged in the service of online food ordering and delivery from a food facility, except for grocery stores, as defined in Section 113948, to a consumer.

SEC. 2. Section 113982 of the Health and Safety Code is amended to read:113982. (a) Except as specified in subdivision (b), food shall be transported in a manner that meets the following requirements:(1) The interior floor, sides, and top of the food holding area shall be constructed of a smooth, washable, impervious material capable of withstanding frequent cleaning.(2) The food holding area shall be constructed and operated so that no liquid wastes can drain onto any street, sidewalk, or premises.(3) Except as provided in subdivision (a) of Section 113996, potentially hazardous food shall be maintained at the required holding temperatures.(b) (1) In addition to the requirements specified in paragraphs (2) and (3) of subdivision (a), ready-to-eat Ready-to-eat food delivered through a third-party food delivery service shall be transported in a manner that meets both all of the following requirements:(A) The interior floor, sides, and top of the food holding area shall be clean and capable of withstanding frequent cleaning. (B) Ready-to-eat food shall be protected from contamination in accordance with Section 113980.(C) The food shall be maintained at holding temperature necessary to prevent spoilage.(2) All bags or containers in which ready-to-eat foods are being transported or delivered from a food facility to a customer through a third-party food delivery service shall be closed by the food facility with a tamper-evident method prior to the food deliverer deliverer, who transports and delivers ready-to-eat food for the third-party food delivery service, taking possession of the ready-to-eat food.(3) Enforcement officers may recover from a third-party food delivery service reasonable costs that are associated with the enforcement of this section against food deliverers who transport and deliver ready-to-eat food for the third-party food delivery service. (c) (1) This section shall not apply to the transportation of prepackaged nonpotentially hazardous foods, food transported as part of a charitable feeding program, or food being donated to a food bank, as defined in Section 113783. foods.(2) Paragraph (2) of subdivision (b) shall not apply to food transported as part of a charitable feeding program or food being donated to a food bank, as defined in Section 113783.

SEC. 2. Section 113982 of the Health and Safety Code is amended to read:

### SEC. 2.

113982. (a) Except as specified in subdivision (b), food shall be transported in a manner that meets the following requirements:(1) The interior floor, sides, and top of the food holding area shall be constructed of a smooth, washable, impervious material capable of withstanding frequent cleaning.(2) The food holding area shall be constructed and operated so that no liquid wastes can drain onto any street, sidewalk, or premises.(3) Except as provided in subdivision (a) of Section 113996, potentially hazardous food shall be maintained at the required holding temperatures.(b) (1) In addition to the requirements specified in paragraphs (2) and (3) of subdivision (a), ready-to-eat Ready-to-eat food delivered through a third-party food delivery service shall be transported in a manner that meets both all of the following requirements:(A) The interior floor, sides, and top of the food holding area shall be clean and capable of withstanding frequent cleaning. (B) Ready-to-eat food shall be protected from contamination in accordance with Section 113980.(C) The food shall be maintained at holding temperature necessary to prevent spoilage.(2) All bags or containers in which ready-to-eat foods are being transported or delivered from a food facility to a customer through a third-party food delivery service shall be closed by the food facility with a tamper-evident method prior to the food deliverer deliverer, who transports and delivers ready-to-eat food for the third-party food delivery service, taking possession of the ready-to-eat food.(3) Enforcement officers may recover from a third-party food delivery service reasonable costs that are associated with the enforcement of this section against food deliverers who transport and deliver ready-to-eat food for the third-party food delivery service. (c) (1) This section shall not apply to the transportation of prepackaged nonpotentially hazardous foods, food transported as part of a charitable feeding program, or food being donated to a food bank, as defined in Section 113783. foods.(2) Paragraph (2) of subdivision (b) shall not apply to food transported as part of a charitable feeding program or food being donated to a food bank, as defined in Section 113783.

113982. (a) Except as specified in subdivision (b), food shall be transported in a manner that meets the following requirements:(1) The interior floor, sides, and top of the food holding area shall be constructed of a smooth, washable, impervious material capable of withstanding frequent cleaning.(2) The food holding area shall be constructed and operated so that no liquid wastes can drain onto any street, sidewalk, or premises.(3) Except as provided in subdivision (a) of Section 113996, potentially hazardous food shall be maintained at the required holding temperatures.(b) (1) In addition to the requirements specified in paragraphs (2) and (3) of subdivision (a), ready-to-eat Ready-to-eat food delivered through a third-party food delivery service shall be transported in a manner that meets both all of the following requirements:(A) The interior floor, sides, and top of the food holding area shall be clean and capable of withstanding frequent cleaning. (B) Ready-to-eat food shall be protected from contamination in accordance with Section 113980.(C) The food shall be maintained at holding temperature necessary to prevent spoilage.(2) All bags or containers in which ready-to-eat foods are being transported or delivered from a food facility to a customer through a third-party food delivery service shall be closed by the food facility with a tamper-evident method prior to the food deliverer deliverer, who transports and delivers ready-to-eat food for the third-party food delivery service, taking possession of the ready-to-eat food.(3) Enforcement officers may recover from a third-party food delivery service reasonable costs that are associated with the enforcement of this section against food deliverers who transport and deliver ready-to-eat food for the third-party food delivery service. (c) (1) This section shall not apply to the transportation of prepackaged nonpotentially hazardous foods, food transported as part of a charitable feeding program, or food being donated to a food bank, as defined in Section 113783. foods.(2) Paragraph (2) of subdivision (b) shall not apply to food transported as part of a charitable feeding program or food being donated to a food bank, as defined in Section 113783.

113982. (a) Except as specified in subdivision (b), food shall be transported in a manner that meets the following requirements:(1) The interior floor, sides, and top of the food holding area shall be constructed of a smooth, washable, impervious material capable of withstanding frequent cleaning.(2) The food holding area shall be constructed and operated so that no liquid wastes can drain onto any street, sidewalk, or premises.(3) Except as provided in subdivision (a) of Section 113996, potentially hazardous food shall be maintained at the required holding temperatures.(b) (1) In addition to the requirements specified in paragraphs (2) and (3) of subdivision (a), ready-to-eat Ready-to-eat food delivered through a third-party food delivery service shall be transported in a manner that meets both all of the following requirements:(A) The interior floor, sides, and top of the food holding area shall be clean and capable of withstanding frequent cleaning. (B) Ready-to-eat food shall be protected from contamination in accordance with Section 113980.(C) The food shall be maintained at holding temperature necessary to prevent spoilage.(2) All bags or containers in which ready-to-eat foods are being transported or delivered from a food facility to a customer through a third-party food delivery service shall be closed by the food facility with a tamper-evident method prior to the food deliverer deliverer, who transports and delivers ready-to-eat food for the third-party food delivery service, taking possession of the ready-to-eat food.(3) Enforcement officers may recover from a third-party food delivery service reasonable costs that are associated with the enforcement of this section against food deliverers who transport and deliver ready-to-eat food for the third-party food delivery service. (c) (1) This section shall not apply to the transportation of prepackaged nonpotentially hazardous foods, food transported as part of a charitable feeding program, or food being donated to a food bank, as defined in Section 113783. foods.(2) Paragraph (2) of subdivision (b) shall not apply to food transported as part of a charitable feeding program or food being donated to a food bank, as defined in Section 113783.



113982. (a) Except as specified in subdivision (b), food shall be transported in a manner that meets the following requirements:

(1) The interior floor, sides, and top of the food holding area shall be constructed of a smooth, washable, impervious material capable of withstanding frequent cleaning.

(2) The food holding area shall be constructed and operated so that no liquid wastes can drain onto any street, sidewalk, or premises.

(3) Except as provided in subdivision (a) of Section 113996, potentially hazardous food shall be maintained at the required holding temperatures.

(b) (1) In addition to the requirements specified in paragraphs (2) and (3) of subdivision (a), ready-to-eat Ready-to-eat food delivered through a third-party food delivery service shall be transported in a manner that meets both all of the following requirements:

(A) The interior floor, sides, and top of the food holding area shall be clean and capable of withstanding frequent cleaning. 

(B) Ready-to-eat food shall be protected from contamination in accordance with Section 113980.

(C) The food shall be maintained at holding temperature necessary to prevent spoilage.

(2) All bags or containers in which ready-to-eat foods are being transported or delivered from a food facility to a customer through a third-party food delivery service shall be closed by the food facility with a tamper-evident method prior to the food deliverer deliverer, who transports and delivers ready-to-eat food for the third-party food delivery service, taking possession of the ready-to-eat food.

(3) Enforcement officers may recover from a third-party food delivery service reasonable costs that are associated with the enforcement of this section against food deliverers who transport and deliver ready-to-eat food for the third-party food delivery service. 

(c) (1) This section shall not apply to the transportation of prepackaged nonpotentially hazardous foods, food transported as part of a charitable feeding program, or food being donated to a food bank, as defined in Section 113783. foods.

(2) Paragraph (2) of subdivision (b) shall not apply to food transported as part of a charitable feeding program or food being donated to a food bank, as defined in Section 113783.

SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB 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.

SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB 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.

SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.

### SEC. 3.

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.