California 2011-2012 Regular Session Status: Enacted

AB 1616 — Food safety: cottage food operations.

Last action — Chaptered by Secretary of State - Chapter 415, Statutes of 2012.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 08, 2012. Enacted.

Prognosis

Likely to advance 80% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 8 sponsors

    1 primary, 7 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 8 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Existing law, the Sherman Food, Drug, and Cosmetic Law (Sherman Law) , requires the State Department of Public Health to regulate the manufacture, sale, labeling, and advertising activities related to food, drugs, devices, and cosmetics in conformity with the Federal Food, Drug, and Cosmetic Act. The Sherman Law makes it unlawful to manufacture, sell, deliver, hold, or offer for sale any food that is misbranded. Food is misbranded if its labeling does not conform to specified federal labeling requirements regarding nutrition, nutrient content or health claims, and food allergens. Violation of this law is a misdemeanor. The existing California Retail Food Code provides for the regulation of health and sanitation standards for retail food facilities, as defined, by the State Department of Public Health. Under existing law, local health agencies are primarily responsible for enforcing the California Retail Food Code. That law exempts private homes from the definition of a food facility, and prohibits food stored or prepared in a private home from being used or offered for sale in a food facility. That law also requires food that is offered for human consumption to be honestly presented, as specified. A violation of these provisions is a misdemeanor. This bill would include a cottage food operation, as defined, that is registered or has a permit within the private home exemption of the California Retail Food Code. The bill would also exclude a cottage food operation from specified food processing establishment and Sherman Law requirements. This bill would require a cottage food operation to meet specified requirements relating to training, sanitation, preparation, labeling, and permissible types of sales and would subject a cottage food operation to inspections under specified circumstances. The bill would require a food facility that serves a cottage food product without packaging or labeling to identify it as homemade. The bill would establish various zoning and permit requirements relating to cottage food operations. This bill would incorporate additional changes in Section 113789 of the Health and Safety Code, proposed by AB 2297, to be operative only if AB 2297 and this bill are both chaptered and become effective January 1, 2013, and this bill is chaptered last. By imposing duties on local officials and adding new crimes, this bill would create 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.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 415, Statutes of 2012.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 4:55 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 60. Noes 16. Page 6691.).

  5. In Assembly. Concurrence in Senate amendments pending.

  6. Read third time. Passed. Ordered to the Assembly. (Ayes 34. Noes 0. Page 5025.).

  7. Senate Rule 29.3 suspended. (Page 5025.)

  8. Read third time and amended.

  9. Joint Rule 61(b)(16) suspended. (Page 5015.)

  10. Pursuant to Joint Rule 33.1,

  11. Read second time. Ordered to third reading.

  12. Read third time and amended. Ordered to second reading.

  13. Read second time and amended. Ordered to third reading.

  14. From committee: Do pass as amended. (Ayes 7. Noes 0.) (August 16).

  15. In committee: Referred to APPR. suspense file.

  16. Read second time and amended. Re-referred to Com. on APPR.

  17. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 8. Noes 0.) (June 27).

  18. Referred to Com. on HEALTH.

  19. In Senate. Read first time. To Com. on RLS. for assignment.

  20. Read third time. Passed. Ordered to the Senate. (Ayes 56. Noes 19. Page 5042.)

  21. Read second time. Ordered to third reading.

  22. From committee: Do pass. (Ayes 12. Noes 5.) (May 25).

  23. In committee: Set, first hearing. Referred to APPR. suspense file.

  24. Re-referred to Com. on APPR.

  25. From committee chair, with author's amendments: Amend, and re-refer to Com. on APPR. Read second time and amended.

  26. Re-referred to Com. on APPR.

  27. Read second time and amended.

  28. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 15. Noes 0.) (April 17).

  29. Re-referred to Com. on HEALTH.

  30. From committee chair, with author's amendments: Amend, and re-refer to Com. on HEALTH. Read second time and amended.

  31. In committee: Set, second hearing. Hearing canceled at the request of author.

  32. In committee: Set, first hearing. Hearing canceled at the request of author.

  33. Referred to Com. on HEALTH.

  34. From printer. May be heard in committee March 10.

  35. Read first time. To print.

Sponsors

  • Fletcher · Cosponsor
  • Correa · Cosponsor
  • DeSaulnier · Cosponsor
  • Gatto · Primary
  • Huffman · Cosponsor
  • Nestande · Cosponsor
  • Wieckowski · Cosponsor
  • V. Manuel Pérez · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 7 co-sponsors · 114 not signed on · 3 voted No

Sponsors (1)

  • Gatto

Co-sponsors (7)

Not signed on (114)

114 members have not signed on to this bill.

Show all 114 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

3rd Reading AB1616 Gatto By DeSaulnier

Passed 34 Yea · 0 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 31006
Republican 1000
Democratic 2000
Total 34006
% of votes cast 85%0%0%15%
How each member voted (40)
Member Party Vote
Hancock — Yea
Wyland — Yea
Harman — Yea
Hernandez — Yea
Huff — Yea
Lieu — Yea
Liu — Yea
Blakeslee — Yea
Walters — Yea
Yee — Not Voting
Lowenthal — Yea
Cannella — Yea
De León — Yea
Negrete McLeod — Yea
Rubio — Yea
Runner — Not Voting
Evans — Yea
Fuller — Yea
Dutton — Not Voting
Leno — Yea
Pavley — Not Voting
Price — Yea
Simitian — Yea
Steinberg — Yea
Vargas — Yea
Wolk — Not Voting
Alquist — Yea
Anderson — Yea
Kehoe — Yea
Wright — Yea
Corbett — Yea
Emmerson — Yea
Correa — Not Voting
DeSaulnier — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
La Malfa — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

AB 1616 GATTO Concurrence in Senate Amendments

Passed 60 Yea · 16 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 591404
Democratic 1000
Republican 0200
Total 601604
% of votes cast 75%20%0%5%
How each member voted (80)
Member Party Vote
Butler — Yea
Feuer — Yea
Carter — Yea
Furutani — Yea
Galgiani — Yea
Gordon — Yea
Fong — Yea
Gorell — Yea
Allen — Yea
Hall — Yea
Hayashi — Yea
Hill — Yea
Cedillo — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Huber — Yea
Fletcher — Yea
Huffman — Yea
Jeffries — Yea
Chesbro — Yea
Bonilla — Yea
Atkins — Yea
Beall — Yea
Conway — Yea
Davis — Yea
Dickinson — Yea
Monning — Yea
Nestande — Yea
Nielsen — Yea
Pan — Yea
Perea — Yea
Skinner — Yea
Swanson — Yea
Torres — Yea
Wieckowski — Yea
Yamada — Yea
Garrick — Nay
Hagman — Nay
Halderman — Nay
Hueso — Not Voting
Campos — Yea
Cook — Not Voting
Donnelly — Nay
Knight — Nay
Logue — Not Voting
Mendoza — Not Voting
Miller — Nay
Morrell — Nay
Wagner — Nay
Achadjian — Nay
Alejo — Yea
Ammiano — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Nay
Lara — Yea
Ma — Yea
Mansoor — Nay
Norby — Nay
Olsen — Yea
Silva — Nay
Smyth — Yea
Solorio — Yea
Valadao — Yea
Williams — Yea
Eng — Yea
Fuentes — Yea
Gatto — Yea
Beth Gaines — Nay
Bill Berryhill — Yea
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

Do pass as amended.

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 7000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Dutton — Yea
Steinberg — Yea
Alquist — Yea
Kehoe — Yea
Lieu — Yea
Price — Yea
Walters — Yea

Official roll call →

Placed on Appropriations Suspense file.

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 7000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Dutton — Yea
Kehoe — Yea
Price — Yea
Alquist — Yea
Lieu — Yea
Steinberg — Yea
Walters — Yea

Official roll call →

AB 1616 GATTO Assembly Third Reading

Passed 56 Yea · 19 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 551705
Democratic 1000
Republican 0200
Total 561905
% of votes cast 70%24%0%6%
How each member voted (80)
Member Party Vote
Gorell — Not Voting
Halderman — Nay
Butler — Yea
Eng — Yea
Feuer — Yea
Furutani — Yea
Galgiani — Yea
Gatto — Yea
Gordon — Yea
Fong — Yea
Allen — Yea
Huber — Yea
Hueso — Yea
Carter — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Huffman — Yea
Ma — Yea
Chesbro — Yea
Nestande — Yea
Bonilla — Yea
Ammiano — Yea
Block — Yea
Davis — Yea
Dickinson — Yea
Olsen — Yea
Pan — Yea
Skinner — Yea
Smyth — Yea
Swanson — Yea
Torres — Yea
Atkins — Yea
Campos — Yea
Fletcher — Not Voting
Garrick — Nay
Hagman — Nay
Cedillo — Not Voting
Hall — Not Voting
Conway — Nay
Donnelly — Nay
Knight — Nay
Lara — Yea
Miller — Nay
Monning — Yea
Morrell — Nay
Nielsen — Nay
Norby — Nay
Solorio — Yea
Wagner — Nay
Wieckowski — Yea
Achadjian — Nay
Alejo — Yea
Beall — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Nay
Hayashi — Yea
Hill — Yea
Jeffries — Yea
Logue — Nay
Mansoor — Nay
Mendoza — Yea
Perea — Yea
Silva — Nay
Valadao — Yea
Williams — Yea
Cook — Not Voting
Fuentes — Yea
Yamada — Yea
Beth Gaines — Nay
Bill Berryhill — Yea
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

Do pass.

Passed 12 Yea · 5 Nay
Party YeaNayPresentNot Voting
Unaffiliated 11500
Democratic 1000
Total 12500
% of votes cast 71%29%0%0%
How each member voted (17)
Member Party Vote
Campos — Yea
Mitchell — Yea
Hill — Yea
Ammiano — Yea
Blumenfield — Yea
Davis — Yea
Donnelly — Nay
Lara — Yea
Nielsen — Nay
Norby — Nay
Solorio — Yea
Bradford — Yea
Harkey — Nay
Wagner — Nay
Fuentes — Yea
Gatto — Yea
Calderon, Lisa Democratic Yea

Official roll call →

Do pass as amended and be re-referred to the Committee on Appropriations.

Passed 15 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 15004
Total 15004
% of votes cast 79%0%0%21%
How each member voted (19)
Member Party Vote
Mitchell — Yea
Bonilla — Yea
Atkins — Yea
Garrick — Not Voting
Gordon — Yea
Hayashi — Yea
Monning — Yea
Nestande — Yea
Pan — Yea
Silva — Not Voting
Williams — Yea
Ammiano — Yea
Logue — Not Voting
Mansoor — Not Voting
Smyth — Yea
Eng — Yea
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea

Official roll call →

Subjects

public-safety agriculture
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Frequently asked questions

What does AB 1616 do?
Existing law, the Sherman Food, Drug, and Cosmetic Law (Sherman Law) , requires the State Department of Public Health to regulate the manufacture, sale, labeling, and advertising activities related to food, drugs, devices, and cosmetics in conformity with the Federal Food, Drug, and Cosmetic Act. The Sherman Law makes it unlawful to manufacture, sell, deliver, hold, or offer for sale any food that is misbranded. Food is misbranded if its labeling does not conform to specified federal labeling requirements regarding nutrition, nutrient content or health claims, and food allergens. Violation of this law is a misdemeanor. The existing California Retail Food Code provides for the regulation of health and sanitation standards for retail food facilities, as defined, by the State Department of Public Health. Under existing law, local health agencies are primarily responsible for enforcing the California Retail Food Code. That law exempts private homes from the definition of a food facility, and prohibits food stored or prepared in a private home from being used or offered for sale in a food facility. That law also requires food that is offered for human consumption to be honestly presented, as specified. A violation of these provisions is a misdemeanor. This bill would include a cottage food operation, as defined, that is registered or has a permit within the private home exemption of the California Retail Food Code. The bill would also exclude a cottage food operation from specified food processing establishment and Sherman Law requirements. This bill would require a cottage food operation to meet specified requirements relating to training, sanitation, preparation, labeling, and permissible types of sales and would subject a cottage food operation to inspections under specified circumstances. The bill would require a food facility that serves a cottage food product without packaging or labeling to identify it as homemade. The bill would establish various zoning and permit requirements relating to cottage food operations. This bill would incorporate additional changes in Section 113789 of the Health and Safety Code, proposed by AB 2297, to be operative only if AB 2297 and this bill are both chaptered and become effective January 1, 2013, and this bill is chaptered last. By imposing duties on local officials and adding new crimes, this bill would create 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.
Who sponsors AB 1616?
AB 1616 is sponsored by Fletcher, Correa, DeSaulnier, Gatto, Huffman, Nestande, Wieckowski, and V. Manuel Pérez.
What is the current status of AB 1616?
This bill has been enacted into law. Introduced February 08, 2012. Enacted.
Where can I track AB 1616?
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Last checked for changes 3 months ago · updated continuously

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