AB 377 — Microenterprise home kitchen operations.
Last action — Chaptered by Secretary of State - Chapter 536, Statutes of 2019.
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✓Introduced
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✓In Committee
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✓Passed Assembly
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✓Passed Senate
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced February 05, 2019. Enacted.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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2 sponsors
1 primary, 1 co-sponsors signed on.
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Single-party support
Sponsorship is currently within one party (1 D).
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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
(1) The California Retail Food Code (code) authorizes the governing body of a city, county, or city and county, by ordinance or resolution, to permit microenterprise home kitchen operations if certain conditions are met. The code requires a microenterprise home kitchen operation, as a restricted food service facility, to meet specified food safety standards. A violation of the code is generally a misdemeanor. This bill would prohibit a microenterprise home kitchen operation from producing, manufacturing, processing, freezing, or packaging milk or milk products, including, but not limited to, cheese and ice cream. The bill would modify the conditions for a city, county, or city and county to permit microenterprise home kitchen operations within its jurisdiction. The bill would modify the inspections and food safety standards applicable to microenterprise home kitchen operations. The bill would prohibit an internet food service intermediary or a microenterprise home kitchen operation from using the word "catering" or any variation of that word in a listing or advertisement of a microenterprise home kitchen operation's offer of food for sale. The bill would require a microenterprise home kitchen operation to include specific information, including its permit number, in its advertising. The bill would prohibit a third-party delivery service from delivering food produced by a microenterprise home kitchen operation, except to an individual who has a physical or mental condition that is a disability which limits the individual's ability to access the food without the assistance of a third-party delivery service. By expanding the scope of a crime for a violation of the code, this bill would impose a state-mandated local program. (2) 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 no reimbursement is required by this act for a specified reason. (3) This bill would declare that it is to take effect immediately as an urgency statute.
Bill Text
- Chaptered 10/07/19 - Chaptered Current pdf October 07, 2019
- Enrolled 09/10/19 - Enrolled pdf September 10, 2019
- Amended 08/21/19 - Amended Senate pdf August 21, 2019
- Amended 05/20/19 - Amended Senate pdf May 20, 2019
- Amended 03/25/19 - Amended Assembly pdf March 25, 2019
- Amended 03/11/19 - Amended Assembly pdf March 11, 2019
- Introduced 02/05/19 - Introduced pdf February 05, 2019
- AB377 View text html
Action History
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Chaptered by Secretary of State - Chapter 536, Statutes of 2019.
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Approved by the Governor.
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Enrolled and presented to the Governor at 3:30 p.m.
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Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 74. Noes 3. Page 3152.).
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In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 8 pursuant to Assembly Rule 77.
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Read third time. Urgency clause adopted. Passed. Ordered to the Assembly. (Ayes 30. Noes 8. Page 2571.).
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Read second time. Ordered to third reading.
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From committee: Be ordered to second reading pursuant to Senate Rule 28.8.
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From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR.
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In committee: Hearing postponed by committee.
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From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 2.) (June 19). Re-referred to Com. on APPR.
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From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on HEALTH.
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Referred to Com. on HEALTH.
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In Senate. Read first time. To Com. on RLS. for assignment.
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Read third time. Urgency clause adopted. Passed. Ordered to the Senate. (Ayes 74. Noes 0. Page 1469.).
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Read second time. Ordered to third reading.
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From committee: Do pass. (Ayes 18. Noes 0.) (April 24).
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Coauthors revised.
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From committee: Do pass and re-refer to Com. on APPR. (Ayes 13. Noes 1.) (April 9). Re-referred to Com. on APPR.
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In committee: Set, first hearing. Hearing canceled at the request of author.
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Re-referred to Com. on HEALTH.
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From committee chair, with author's amendments: Amend, and re-refer to Com. on HEALTH. Read second time and amended.
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Re-referred to Com. on HEALTH.
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From committee chair, with author's amendments: Amend, and re-refer to Com. on HEALTH. Read second time and amended.
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Referred to Com. on HEALTH.
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From printer. May be heard in committee March 8.
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Read first time. To print.
Sponsors
- Mayes · Cosponsor
- Robert Garcia · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 1 co-sponsors · 120 not signed on · 4 voted No
Sponsors (1)
- Garcia, Robert Democratic
Co-sponsors (1)
- Mayes
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.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 50 | 2 | 0 | 0 |
| Democratic | 19 | 1 | 0 | 2 |
| Republican | 5 | 0 | 0 | 0 |
| Total | 74 | 3 | 0 | 2 |
| % of votes cast | 94% | 4% | 0% | 3% |
How each member voted (79)
| Member | Party | Vote |
|---|---|---|
| Fong | — | Yea |
| Brough | — | Yea |
| Kiley | — | Yea |
| Mayes | — | Yea |
| Salas | — | Yea |
| Mathis | — | Yea |
| Frazier | — | Yea |
| Bigelow | — | Yea |
| Cooley | — | Yea |
| Cunningham | — | Yea |
| Gonzalez | — | Yea |
| Diep | — | Yea |
| Chau | — | Yea |
| Gloria | — | Yea |
| Bloom | — | Yea |
| Rodriguez | — | Yea |
| Santiago | — | Yea |
| Obernolte | — | Yea |
| Voepel | — | Yea |
| Chiu | — | Yea |
| Gray | — | Yea |
| Holden | — | Yea |
| Daly | — | Yea |
| Eggman | — | Yea |
| Maienschein | — | Yea |
| Jones-Sawyer | — | Yea |
| Quirk | — | Yea |
| Mullin | — | Yea |
| Friedman | — | Yea |
| Ting | — | Yea |
| Kamlager-Dove | — | Yea |
| Levine | — | Yea |
| Melendez | — | Yea |
| Low | — | Yea |
| Nazarian | — | Yea |
| Burke | — | Yea |
| Cooper | — | Yea |
| Wood | — | Yea |
| Medina | — | Yea |
| Rendon | — | Yea |
| Chu | — | Yea |
| McCarty | — | Yea |
| O'Donnell | — | Yea |
| Weber | — | Yea |
| Smith | — | Nay |
| Waldron | — | Nay |
| Cristina Garcia | — | Yea |
| Eduardo Garcia | — | Yea |
| Jim Patterson | — | Yea |
| Luz Rivas | — | Yea |
| Mark Stone | — | Yea |
| Wendy Carrillo | — | Yea |
| Aguiar-Curry, Cecilia M. | Democratic | Yea |
| Arambula, Joaquin | Democratic | Yea |
| Bauer-Kahan, Rebecca | Democratic | Yea |
| Berman, Marc | Democratic | Yea |
| Boerner, Tasha | Democratic | Nay |
| Bonta, Mia | Democratic | Yea |
| Calderon, Lisa | Democratic | Yea |
| Cervantes, Sabrina | Democratic | Yea |
| Gabriel, Jesse | Democratic | Not Voting |
| Gipson, Mike A. | Democratic | Yea |
| Grayson, Timothy S. | Democratic | Yea |
| Irwin, Jacqui | Democratic | Yea |
| Kalra, Ash | Democratic | Yea |
| Limón, Monique | Democratic | Not Voting |
| Muratsuchi, Al | Democratic | Yea |
| Petrie-Norris, Cottie | Democratic | Yea |
| Quirk-Silva, Sharon | Democratic | Yea |
| Ramos, James C. | Democratic | Yea |
| Reyes, Eloise Gómez | Democratic | Yea |
| Rivas, Robert | Democratic | Yea |
| Rubio, Blanca E. | Democratic | Yea |
| Wicks, Buffy | Democratic | Yea |
| Chen, Phillip | Republican | Yea |
| Choi, Steven S. | Republican | Yea |
| Flora, Heath | Republican | Yea |
| Gallagher, James | Republican | Yea |
| Lackey, Tom | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 20 | 6 | 0 | 1 |
| Democratic | 10 | 0 | 0 | 0 |
| Republican | 0 | 2 | 0 | 1 |
| Total | 30 | 8 | 0 | 2 |
| % of votes cast | 75% | 20% | 0% | 5% |
How each member voted (40)
| Member | Party | Vote |
|---|---|---|
| Galgiani | — | Yea |
| Hertzberg | — | Yea |
| Portantino | — | Yea |
| Glazer | — | Yea |
| Chang | — | Yea |
| Pan | — | Yea |
| Moorlach | — | Nay |
| Bates | — | Nay |
| Morrell | — | Nay |
| Nielsen | — | Nay |
| Wilk | — | Nay |
| Atkins | — | Not Voting |
| Rubio | — | Yea |
| Monning | — | Yea |
| Wieckowski | — | Yea |
| Mitchell | — | Yea |
| Bradford | — | Yea |
| Beall | — | Yea |
| Roth | — | Yea |
| Hill | — | Yea |
| Hueso | — | Yea |
| Leyva | — | Yea |
| Dodd | — | Yea |
| Skinner | — | Yea |
| Allen | — | Yea |
| Borgeas | — | Yea |
| Mark Stone | — | Nay |
| Archuleta, Bob | Democratic | Yea |
| Caballero, Anna M. | Democratic | Yea |
| Durazo, Maria Elena | Democratic | Yea |
| Gonzalez, Lena A. | Democratic | Yea |
| Hurtado, Melissa | Democratic | Yea |
| Jackson, Corey A. | Democratic | Yea |
| McGuire, Mike | Democratic | Yea |
| Stern, Henry I. | Democratic | Yea |
| Umberg, Thomas J. | Democratic | Yea |
| Wiener, Scott D. | Democratic | Yea |
| Dahle, Megan | Republican | Not Voting |
| Grove, Shannon | Republican | Nay |
| Jones, Brian W. | Republican | Nay |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 5 | 1 | 0 | 0 |
| Democratic | 2 | 0 | 0 | 0 |
| Republican | 0 | 1 | 0 | 0 |
| Total | 7 | 2 | 0 | 0 |
| % of votes cast | 78% | 22% | 0% | 0% |
How each member voted (9)
| Member | Party | Vote |
|---|---|---|
| Rubio | — | Yea |
| Monning | — | Yea |
| Mitchell | — | Yea |
| Pan | — | Yea |
| Leyva | — | Yea |
| Mark Stone | — | Nay |
| Gonzalez, Lena A. | Democratic | Yea |
| Hurtado, Melissa | Democratic | Yea |
| Grove, Shannon | Republican | Nay |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 45 | 0 | 0 | 3 |
| Democratic | 22 | 0 | 0 | 3 |
| Republican | 7 | 0 | 0 | 0 |
| Total | 74 | 0 | 0 | 6 |
| % of votes cast | 93% | 0% | 0% | 8% |
How each member voted (80)
| Member | Party | Vote |
|---|---|---|
| Brough | — | Yea |
| Kiley | — | Yea |
| Mayes | — | Yea |
| Salas | — | Yea |
| Mathis | — | Yea |
| Frazier | — | Yea |
| Bigelow | — | Yea |
| Cooley | — | Yea |
| Smith | — | Yea |
| Cunningham | — | Yea |
| Gonzalez | — | Yea |
| Diep | — | Yea |
| Chau | — | Yea |
| Gloria | — | Yea |
| Bloom | — | Yea |
| Rodriguez | — | Yea |
| Santiago | — | Yea |
| Obernolte | — | Yea |
| Voepel | — | Yea |
| Chiu | — | Yea |
| Gray | — | Yea |
| Holden | — | Yea |
| Daly | — | Yea |
| Eggman | — | Yea |
| Maienschein | — | Yea |
| Jones-Sawyer | — | Yea |
| Friedman | — | Yea |
| Ting | — | Yea |
| Kamlager-Dove | — | Yea |
| Levine | — | Yea |
| Melendez | — | Yea |
| Low | — | Yea |
| Nazarian | — | Yea |
| Burke | — | Yea |
| Cooper | — | Yea |
| Wood | — | Yea |
| Medina | — | Yea |
| Rendon | — | Yea |
| Chu | — | Yea |
| McCarty | — | Yea |
| O'Donnell | — | Yea |
| Weber | — | Yea |
| Mullin | — | Not Voting |
| Quirk | — | Not Voting |
| Waldron | — | Not Voting |
| Cristina Garcia | — | Yea |
| Eduardo Garcia | — | Yea |
| Mark Stone | — | Yea |
| Aguiar-Curry, Cecilia M. | Democratic | Yea |
| Arambula, Joaquin | Democratic | Not Voting |
| Bauer-Kahan, Rebecca | Democratic | Yea |
| Berman, Marc | Democratic | Yea |
| Boerner, Tasha | Democratic | Not Voting |
| Bonta, Mia | Democratic | Yea |
| Calderon, Lisa | Democratic | Yea |
| Carrillo, Juan | Democratic | Yea |
| Cervantes, Sabrina | Democratic | Yea |
| Fong, Mike | Democratic | Yea |
| Gabriel, Jesse | Democratic | Yea |
| Gipson, Mike A. | Democratic | Yea |
| Grayson, Timothy S. | Democratic | Yea |
| Irwin, Jacqui | Democratic | Yea |
| Kalra, Ash | Democratic | Yea |
| Limón, Monique | Democratic | Not Voting |
| Muratsuchi, Al | Democratic | Yea |
| Petrie-Norris, Cottie | Democratic | Yea |
| Quirk-Silva, Sharon | Democratic | Yea |
| Ramos, James C. | Democratic | Yea |
| Reyes, Eloise Gómez | Democratic | Yea |
| Rivas, Robert | Democratic | Yea |
| Rivas, Robert | Democratic | Yea |
| Rubio, Blanca E. | Democratic | Yea |
| Wicks, Buffy | Democratic | Yea |
| Chen, Phillip | Republican | Yea |
| Choi, Steven S. | Republican | Yea |
| Dahle, Megan | Republican | Yea |
| Flora, Heath | Republican | Yea |
| Gallagher, James | Republican | Yea |
| Lackey, Tom | Republican | Yea |
| Patterson, Joe | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 7 | 0 | 0 | 0 |
| Unaffiliated | 11 | 0 | 0 | 0 |
| Total | 18 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (18)
| Member | Party | Vote |
|---|---|---|
| Bloom | — | Yea |
| Brough | — | Yea |
| Obernolte | — | Yea |
| Maienschein | — | Yea |
| Quirk | — | Yea |
| Bigelow | — | Yea |
| Jones-Sawyer | — | Yea |
| Eggman | — | Yea |
| Gonzalez | — | Yea |
| Diep | — | Yea |
| Chau | — | Yea |
| Bonta, Mia | Democratic | Yea |
| Calderon, Lisa | Democratic | Yea |
| Carrillo, Juan | Democratic | Yea |
| Fong, Mike | Democratic | Yea |
| Gabriel, Jesse | Democratic | Yea |
| Petrie-Norris, Cottie | Democratic | Yea |
| Rivas, Robert | Democratic | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 8 | 1 | 0 | 0 |
| Democratic | 4 | 0 | 0 | 1 |
| Republican | 1 | 0 | 0 | 0 |
| Total | 13 | 1 | 0 | 1 |
| % of votes cast | 87% | 7% | 0% | 7% |
How each member voted (15)
| Member | Party | Vote |
|---|---|---|
| Burke | — | Yea |
| Wood | — | Yea |
| Rodriguez | — | Yea |
| Santiago | — | Yea |
| Mayes | — | Yea |
| Bigelow | — | Yea |
| McCarty | — | Yea |
| Nazarian | — | Yea |
| Waldron | — | Nay |
| Aguiar-Curry, Cecilia M. | Democratic | Yea |
| Bonta, Mia | Democratic | Yea |
| Limón, Monique | Democratic | Not Voting |
| Ramos, James C. | Democratic | Yea |
| Wicks, Buffy | Democratic | Yea |
| Flora, Heath | Republican | Yea |
Subjects
Frequently asked questions
- What does AB 377 do?
- (1) The California Retail Food Code (code) authorizes the governing body of a city, county, or city and county, by ordinance or resolution, to permit microenterprise home kitchen operations if certain conditions are met. The code requires a microenterprise home kitchen operation, as a restricted food service facility, to meet specified food safety standards. A violation of the code is generally a misdemeanor. This bill would prohibit a microenterprise home kitchen operation from producing, manufacturing, processing, freezing, or packaging milk or milk products, including, but not limited to, cheese and ice cream. The bill would modify the conditions for a city, county, or city and county to permit microenterprise home kitchen operations within its jurisdiction. The bill would modify the inspections and food safety standards applicable to microenterprise home kitchen operations. The bill would prohibit an internet food service intermediary or a microenterprise home kitchen operation from using the word "catering" or any variation of that word in a listing or advertisement of a microenterprise home kitchen operation's offer of food for sale. The bill would require a microenterprise home kitchen operation to include specific information, including its permit number, in its advertising. The bill would prohibit a third-party delivery service from delivering food produced by a microenterprise home kitchen operation, except to an individual who has a physical or mental condition that is a disability which limits the individual's ability to access the food without the assistance of a third-party delivery service. By expanding the scope of a crime for a violation of the code, this bill would impose a state-mandated local program. (2) 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 no reimbursement is required by this act for a specified reason. (3) This bill would declare that it is to take effect immediately as an urgency statute.
- Who sponsors AB 377?
- AB 377 is sponsored by Mayes and Garcia, Robert (Democratic).
- What is the current status of AB 377?
- This bill has been enacted into law. Introduced February 05, 2019. Enacted.
- Where can I track AB 377?
- Track AB 377 free on One Click Politics — get push/email alerts when it moves.
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