California 2013-2014 Regular Session Status: Enacted

AB 1990 — Food production.

Last action — Chaptered by Secretary of State - Chapter 580, Statutes of 2014.

  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 20, 2014. Enacted.

Prognosis

Likely to advance 72% · 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.

  • 2 sponsors

    1 primary, 1 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 6 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 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, 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 community food producer meets specified requirements, including that the produce is labeled with the name and address of the community food producer and that egg production is limited to 15 dozen eggs per month. The bill would authorize a city or county health enforcement office to require a community food producer or gleaner to register with the city or county and to provide specified information, including, but not limited to, the name, address, and telephone number of the community food producer or gleaner. The bill would also authorize an enforcement officer to enter into and inspect the operations of a community food producer or gleaner 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 or gleaner from further sales until the operations of the community food producer or gleaner are reinspected and cleared by the enforcement officer's agency. The bill would also authorize the enforcement officer to recover reasonable costs associated with an inspection from the community food producer or gleaner. Existing law makes it unlawful for an egg handler, as defined, to hold, store, transport, or display eggs that are packed or graded for human consumption unless the eggs are held, stored, transported, or displayed consistent with specified requirements. Existing law provides that certified farmers' markets, as defined, are not required to comply with that provision. This bill would instead provide that direct marketing activities, including certified farmers' markets, community food producers, community-supported agriculture, and farm stands, as each of those terms are defined, are not required to comply with the above-described provision relating to an egg handler. This bill would incorporate additional changes to Section 113789 of the Health and Safety Code, proposed by SB 170 and SB 1235, that would become operative only if this bill and either or both of those bills are chaptered and become effective January 1, 2015, and this bill is chaptered last. 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.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 580, Statutes of 2014.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 3:30 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 59. Noes 17. Page 6384.).

  5. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 23 pursuant to Assembly Rule 77.

  6. Read third time. Passed. Ordered to the Assembly. (Ayes 26. Noes 8. Page 4713.).

  7. Read second time. Ordered to third reading.

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

  9. Read second time. Ordered to third reading.

  10. From committee: Be placed on second reading file pursuant to Senate Rule 28.8.

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

  12. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 1.) (June 25).

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

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

  15. Referred to Com. on HEALTH.

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

  17. Read third time. Passed. Ordered to the Senate. (Ayes 73. Noes 1. Page 5166.)

  18. Ordered to third reading.

  19. From consent calendar.

  20. Read second time. Ordered to consent calendar.

  21. Read second time and amended. Ordered to second reading.

  22. From committee: Do pass as amended. To consent calendar. (Ayes 17. Noes 0.) (May 14).

  23. Re-referred to Com. on APPR.

  24. Read second time and amended.

  25. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 6. Noes 0.) (April 9).

  26. Re-referred to Com. on AGRI.

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

  28. Referred to Com. on AGRI.

  29. From printer. May be heard in committee March 23.

  30. Read first time. To print.

Sponsors

  • Gatto · Cosponsor
  • Gordon · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 1 co-sponsors · 120 not signed on · 5 voted No

Sponsors (1)

  • Gordon

Co-sponsors (1)

  • Gatto

Not signed on (120)

120 members have not signed on to this bill.

Show all 120 →

"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

AB 1990 GORDON Concurrence in Senate Amendments

Passed 59 Yea · 17 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 541503
Democratic 4000
Republican 1200
Total 591703
% of votes cast 75%22%0%4%
How each member voted (79)
Member Party Vote
Achadjian — Yea
Alejo — Yea
Ammiano — Yea
Bigelow — Not Voting
Bloom — Yea
Bradford — Yea
Brown — Yea
Buchanan — Yea
Holden — Yea
Levine — Yea
Linder — Yea
Logue — Nay
Maienschein — Yea
Mansoor — Nay
Ridley-Thomas — Not Voting
Rodriguez — Yea
Waldron — Nay
Williams — Yea
Daly — Yea
Campos — Yea
Frazier — Yea
Lowenthal — Yea
Gatto — Yea
Garcia — Yea
Gordon — Yea
Atkins — Yea
Hagman — Yea
Fong — Yea
Bonilla — Yea
Dababneh — Yea
Eggman — Yea
Jones-Sawyer — Yea
Medina — Yea
Melendez — Yea
Mullin — Yea
Nazarian — Yea
Pan — Yea
Skinner — Yea
Wieckowski — Yea
Bocanegra — Yea
John A. Pérez — Yea
Chau — Yea
Allen — Nay
Salas — Nay
Gray — Nay
Harkey — Nay
Nestande — Yea
Chesbro — Yea
Chávez — Yea
Conway — Nay
Cooley — Yea
Donnelly — Yea
Olsen — Nay
Perea — Yea
Quirk — Not Voting
Rendon — Yea
Ting — Yea
Wagner — Nay
Weber — Yea
Wilk — Nay
Dickinson — Yea
Fox — Nay
Yamada — Yea
Gomez — Yea
Gorell — Nay
Hall — Yea
Beth Gaines — Nay
Jim Patterson — Nay
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Dahle, Megan Republican Nay
Grove, Shannon Republican Nay
Jones, Brian W. Republican Yea

Official roll call →

3rd Reading AB1990 Gordon By Evans

Passed 26 Yea · 8 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 24805
Democratic 2001
Total 26806
% of votes cast 65%20%0%15%
How each member voted (40)
Member Party Vote
Beall — Yea
Hill — Yea
Lieu — Yea
Morrell — Yea
Steinberg — Yea
Wolk — Yea
Wyland — Yea
Correa — Yea
Evans — Yea
DeSaulnier — Yea
Wright — Not Voting
Cannella — Nay
Mitchell — Yea
Fuller — Nay
Galgiani — Nay
Hancock — Yea
De León — Not Voting
Hernandez — Yea
Corbett — Yea
Hueso — Yea
Huff — Yea
Anderson — Yea
Block — Yea
Knight — Nay
Lara — Yea
Leno — Yea
Liu — Yea
Monning — Not Voting
Nielsen — Nay
Pavley — Yea
Roth — Yea
Torres — Yea
Vidak — Nay
Walters — Not Voting
Yee — Not Voting
Beth Gaines — Nay
Bill Berryhill — Nay
Calderon, Lisa Democratic Not Voting
Jackson, Corey A. Democratic Yea
Padilla, Stephen C. Democratic Yea

Official roll call →

AB 1990 GORDON Assembly Third Reading

Passed 73 Yea · 1 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 67104
Democratic 3001
Republican 3000
Total 73105
% of votes cast 92%1%0%6%
How each member voted (79)
Member Party Vote
Achadjian — Yea
Ammiano — Yea
Bloom — Yea
Bradford — Yea
Brown — Yea
Buchanan — Yea
Harkey — Yea
Levine — Yea
Linder — Yea
Mansoor — Yea
Nazarian — Yea
Pan — Yea
Quirk — Not Voting
Rodriguez — Yea
Wagner — Yea
Wieckowski — Yea
Allen — Yea
Daly — Yea
Lowenthal — Yea
Gatto — Yea
Garcia — Yea
Gomez — Yea
Gray — Yea
Atkins — Yea
Gordon — Yea
Fong — Yea
Campos — Yea
Chau — Yea
Bonilla — Yea
Hall — Yea
Holden — Yea
Jones-Sawyer — Yea
Logue — Yea
Maienschein — Yea
Bocanegra — Yea
Medina — Yea
Melendez — Yea
John A. Pérez — Yea
Mullin — Yea
Salas — Yea
Nestande — Yea
Chesbro — Yea
Olsen — Nay
Alejo — Yea
Bigelow — Yea
Chávez — Yea
Conway — Yea
Cooley — Yea
Dababneh — Yea
Dickinson — Yea
Donnelly — Yea
Eggman — Yea
Perea — Yea
Rendon — Yea
Ridley-Thomas — Yea
Skinner — Yea
Ting — Yea
Waldron — Not Voting
Weber — Yea
Wilk — Yea
Williams — Yea
Fox — Yea
Frazier — Yea
Yamada — Yea
Gorell — Not Voting
Hagman — Yea
Beth Gaines — Yea
Jim Patterson — Not Voting
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Not Voting
Dahle, Megan Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

Do pass as amended, to Consent Calendar.

Passed 17 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 15000
Republican 1000
Democratic 1000
Total 17000
% of votes cast 100%0%0%0%
How each member voted (17)
Member Party Vote
Bigelow — Yea
Bradford — Yea
Holden — Yea
Linder — Yea
Quirk — Yea
Ridley-Thomas — Yea
Wagner — Yea
Weber — Yea
Bocanegra — Yea
Campos — Yea
Gomez — Yea
Donnelly — Yea
Eggman — Yea
Pan — Yea
Gatto — Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea

Official roll call →

Subjects

public-safety agriculture
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Frequently asked questions

What does AB 1990 do?
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, 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 community food producer meets specified requirements, including that the produce is labeled with the name and address of the community food producer and that egg production is limited to 15 dozen eggs per month. The bill would authorize a city or county health enforcement office to require a community food producer or gleaner to register with the city or county and to provide specified information, including, but not limited to, the name, address, and telephone number of the community food producer or gleaner. The bill would also authorize an enforcement officer to enter into and inspect the operations of a community food producer or gleaner 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 or gleaner from further sales until the operations of the community food producer or gleaner are reinspected and cleared by the enforcement officer's agency. The bill would also authorize the enforcement officer to recover reasonable costs associated with an inspection from the community food producer or gleaner. Existing law makes it unlawful for an egg handler, as defined, to hold, store, transport, or display eggs that are packed or graded for human consumption unless the eggs are held, stored, transported, or displayed consistent with specified requirements. Existing law provides that certified farmers' markets, as defined, are not required to comply with that provision. This bill would instead provide that direct marketing activities, including certified farmers' markets, community food producers, community-supported agriculture, and farm stands, as each of those terms are defined, are not required to comply with the above-described provision relating to an egg handler. This bill would incorporate additional changes to Section 113789 of the Health and Safety Code, proposed by SB 170 and SB 1235, that would become operative only if this bill and either or both of those bills are chaptered and become effective January 1, 2015, and this bill is chaptered last. 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.
Who sponsors AB 1990?
AB 1990 is sponsored by Gatto and Gordon.
What is the current status of AB 1990?
This bill has been enacted into law. Introduced February 20, 2014. Enacted.
Where can I track AB 1990?
Track AB 1990 free on One Click Politics — get push/email alerts when it moves.

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