California 2021-2022 Regular Session Status: Enacted

AB 831 — California Retail Food Code.

Last action — Chaptered by Secretary of State - Chapter 155, Statutes of 2021.

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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 17, 2021. Enacted.

Prognosis

Likely to advance 70% · 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.

  • 1 sponsor

    1 primary, 0 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 for regulation by the State Department of Public Health, and requires local enforcement agencies to enforce those provisions. A violation of the California Retail Food Code is generally a misdemeanor. Existing law defines "limited food preparation" and "limited service charitable feeding operation" for purposes of the California Retail Food Code. Existing law requires a proposed new or remodeled food facility to meet specified structural and other building requirements, but specifies that existing private school cafeterias and licensed health care facilities presumptively meet these requirements. Existing law limits the use of an outdoor wood-burning oven to the same premises as a permanent food facility. Under existing law, a remote food service operation located within a fully enclosed permanent food facility is not a satellite food service. Existing law exempts mobile food facilities from specified requirements, including the provision of clean toilet rooms for use by employees. Existing law requires a cottage food operation to label prepackaged foods with a notice that it was made or repackaged in a home kitchen. This bill would define "limited food preparation" to include holding, portioning, and dispensing foods prepared by a catering operation. The bill would expand the food service functions of a limited service charitable feeding operation to include, among other things, storage and distribution of commercially prepared and commercially packaged potentially hazardous cold or frozen foods, and would specify that an existing limited service charitable feeding operation facility is presumptively in compliance with structural and other building requirements for food facilities. The bill would expand the use of an outdoor wood-burning oven to additional facilities, including a temporary food facility or satellite food service. The bill would authorize a satellite food service to be temporarily located within a fully enclosed permanent food facility. The bill would authorize a local enforcement agency to exempt specified push carts operating outdoors from mechanical exhaust ventilation equipment requirements. The bill would require a cottage food operation that advertises to the public to indicate specified information on the advertisement, including that the food is made or repackaged in a home kitchen. Existing law requires food packaged using a reduced-oxygen packaging method in which Clostridium botulinum is identified as a microbiological hazard in the final prepackaged form to have a refrigerated shelf life of no more than 14 days from packaging to consumption. Existing law authorizes fish sold in a fishermen's market to be displayed whole or eviscerated, and authorizes a fishermen's market to provide a separate service to fillet, cut, or package fish for customers as a specified type of facility. This bill would extend the authorized refrigerated shelf life of food packaged using a reduced-oxygen packaging method in which Clostridium botulinum is identified as a microbiological hazard in the final prepackaged form to no more than 30 days from packaging to consumption. The bill would require a food facility that packages potentially hazardous foods using a cook-chill or sous vide process to meet specified requirements published by the United States Food and Drug Administration. The bill would authorize fish sold in a fishermen's market to be displayed packaged by an onsite permitted food facility or permitted food facility, and would authorize a fishermen's market to provide a separate service to fillet, cut, or package fish for customers at a fishermen's market booth. Existing law requires employees to thoroughly wash their hands and arms that come into direct food contact. Existing law requires single-use nonlatex gloves to be worn when contacting food and food-contact surfaces when specified criteria are met, and requires gloves to be changed, replaced, or washed as often as handwashing is required. This bill would authorize a food facility to incorporate an alternate double glove use procedure to handle raw animal proteins. By revising the standards that are enforced by local health agencies and by expanding the scope of existing crimes, 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 155, Statutes of 2021.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 12 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 75. Noes 0. Page 2406.).

  5. In Assembly. Concurrence in Senate amendments pending. May be considered on or after July 14 pursuant to Assembly Rule 77.

  6. Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 0. Page 1908.).

  7. Read second time. Ordered to third reading.

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

  9. Ordered to third reading.

  10. From Consent Calendar.

  11. Read second time. Ordered to Consent Calendar.

  12. From committee: Be ordered to second reading file pursuant to Senate Rule 28.8 and ordered to Consent Calendar.

  13. From committee: Do pass and re-refer to Com. on APPR with recommendation: To Consent Calendar. (Ayes 10. Noes 0.) (June 10). Re-referred to Com. on APPR.

  14. Referred to Com. on HEALTH.

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

  16. Read third time. Passed. Ordered to the Senate. (Ayes 77. Noes 0. Page 1154.)

  17. Read second time. Ordered to Consent Calendar.

  18. From committee: Do pass. To Consent Calendar. (Ayes 16. Noes 0.) (April 14).

  19. From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 15. Noes 0.) (March 23). Re-referred to Com. on APPR.

  20. Referred to Com. on HEALTH.

  21. From printer. May be heard in committee March 20.

  22. Read first time. To print.

Sponsors

  • Committee on Health · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

  • Committee on Health

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"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

Passed 75 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 42002
Republican 8001
Democratic 25001
Total 75004
% of votes cast 95%0%0%5%
How each member voted (79)
Member Party Vote
Cooley — Yea
Mathis — Yea
Chiu — Yea
Rendon — Yea
Mullin — Yea
Holden — Yea
Villapudua — Yea
Salas — Yea
Jones-Sawyer — Yea
Santiago — Yea
Maienschein — Yea
Rodriguez — Yea
Bloom — Yea
Friedman — Yea
Voepel — Yea
Cunningham — Yea
Cooper — Yea
Chau — Yea
Mayes — Not Voting
Bigelow — Not Voting
Medina — Yea
Gray — Yea
Smith — Yea
Burke — Yea
Quirk — Yea
Kiley — Yea
Nazarian — Yea
Wood — Yea
Ting — Yea
Low — Yea
Frazier — Yea
Levine — Yea
O'Donnell — Yea
Waldron — Yea
Daly — Yea
McCarty — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Lorena Gonzalez — Yea
Luz Rivas — Yea
Mark Stone — Yea
Vince Fong — Yea
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Bauer-Kahan, Rebecca Democratic Yea
Bennett, Steve Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Lee, Alex Democratic Yea
Muratsuchi, Al Democratic Yea
Nguyen, Stephanie 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 Not Voting
Rubio, Blanca E. Democratic Yea
Ward, Christopher M. Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Wicks, Buffy Democratic Yea
Chen, Phillip Republican Yea
Choi, Steven S. Republican Yea
Dahle, Megan Republican Yea
Davies, Laurie Republican Not Voting
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Lackey, Tom Republican Yea
Seyarto, Kelly Republican Yea
Valladares, Suzette Martinez Republican Yea

Official roll call →

Passed 39 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Democratic 12001
Unaffiliated 23000
Republican 4000
Total 39001
% of votes cast 98%0%0%3%
How each member voted (40)
Member Party Vote
Borgeas — Yea
Roth — Yea
Dodd — Yea
Newman — Yea
Eggman — Yea
Melendez — Yea
Bradford — Yea
Portantino — Yea
Gonzalez — Yea
Rubio — Yea
Wilk — Yea
Pan — Yea
Atkins — Yea
Leyva — Yea
Min — Yea
Wieckowski — Yea
Kamlager — Yea
Nielsen — Yea
Hertzberg — Yea
Glazer — Yea
Hueso — Yea
Bates — Yea
Skinner — Yea
Allen, Benjamin Democratic Yea
Archuleta, Bob Democratic Yea
Becker, Josh Democratic Yea
Caballero, Anna M. Democratic Yea
Cortese, Dave Democratic Yea
Durazo, Maria Elena Democratic Yea
Hurtado, Melissa Democratic Yea
Laird, John Democratic Yea
Limón, Monique Democratic Yea
McGuire, Mike Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wiener, Scott D. Democratic Not Voting
Dahle, Megan Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea
Ochoa Bogh, Rosilicie Republican Yea

Official roll call →

Passed 10 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 6001
Democratic 3000
Republican 1000
Total 10001
% of votes cast 91%0%0%9%
How each member voted (11)
Member Party Vote
Eggman — Yea
Pan — Yea
Roth — Yea
Rubio — Yea
Gonzalez — Yea
Leyva — Yea
Melendez — Not Voting
Hurtado, Melissa Democratic Yea
Limón, Monique Democratic Yea
Wiener, Scott D. Democratic Yea
Grove, Shannon Republican Yea

Official roll call →

Passed 77 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Democratic 27001
Unaffiliated 40001
Republican 10000
Total 77002
% of votes cast 97%0%0%3%
How each member voted (79)
Member Party Vote
Bloom — Yea
Mullin — Yea
Jones-Sawyer — Yea
Wood — Yea
Smith — Yea
Cunningham — Yea
Cooper — Yea
Voepel — Yea
Cooley — Yea
Maienschein — Yea
Rodriguez — Yea
Kiley — Yea
Nazarian — Yea
Ting — Yea
O'Donnell — Yea
Waldron — Yea
Medina — Yea
McCarty — Yea
Friedman — Yea
Bigelow — Yea
Chiu — Yea
Rendon — Yea
Villapudua — Yea
Salas — Yea
Quirk — Yea
Low — Yea
Levine — Yea
Daly — Yea
Gray — Yea
Burke — Yea
Mathis — Yea
Santiago — Yea
Mayes — Yea
Frazier — Yea
Chau — Yea
Holden — Not Voting
Cristina Garcia — Yea
Eduardo Garcia — Yea
Lorena Gonzalez — Yea
Luz Rivas — Yea
Mark Stone — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Bauer-Kahan, Rebecca Democratic Yea
Bennett, Steve Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
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
Lee, Alex Democratic Yea
Muratsuchi, Al Democratic Yea
Nguyen, Stephanie Democratic Yea
Petrie-Norris, Cottie Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Yea
Reyes, Eloise Gómez Democratic Not Voting
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Ward, Christopher M. Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Wicks, Buffy Democratic Yea
Chen, Phillip Republican Yea
Choi, Steven S. Republican Yea
Dahle, Megan Republican Yea
Davies, Laurie Republican Yea
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Lackey, Tom Republican Yea
Patterson, Joe Republican Yea
Seyarto, Kelly Republican Yea
Valladares, Suzette Martinez Republican Yea

Official roll call →

Passed 16 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 7000
Democratic 7000
Republican 2000
Total 16000
% of votes cast 100%0%0%0%
How each member voted (16)
Member Party Vote
Levine — Yea
Quirk — Yea
Bigelow — Yea
Chau — Yea
McCarty — Yea
Eduardo Garcia — Yea
Lorena Gonzalez — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Carrillo, Juan Democratic Yea
Fong, Mike Democratic Yea
Gabriel, Jesse Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Dahle, Megan Republican Yea
Davies, Laurie Republican Yea

Official roll call →

Passed 15 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 11000
Democratic 3000
Republican 1000
Total 15000
% of votes cast 100%0%0%0%
How each member voted (15)
Member Party Vote
Wood — Yea
Maienschein — Yea
McCarty — Yea
Waldron — Yea
Bigelow — Yea
Burke — Yea
Nazarian — Yea
Mayes — Yea
Santiago — Yea
Rodriguez — Yea
Luz Rivas — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Bonta, Mia Democratic Yea
Carrillo, Juan Democratic Yea
Flora, Heath Republican Yea

Official roll call →

Subjects

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Frequently asked questions

What does AB 831 do?
Existing law, the California Retail Food Code, establishes uniform health and sanitation standards for retail food facilities for regulation by the State Department of Public Health, and requires local enforcement agencies to enforce those provisions. A violation of the California Retail Food Code is generally a misdemeanor. Existing law defines "limited food preparation" and "limited service charitable feeding operation" for purposes of the California Retail Food Code. Existing law requires a proposed new or remodeled food facility to meet specified structural and other building requirements, but specifies that existing private school cafeterias and licensed health care facilities presumptively meet these requirements. Existing law limits the use of an outdoor wood-burning oven to the same premises as a permanent food facility. Under existing law, a remote food service operation located within a fully enclosed permanent food facility is not a satellite food service. Existing law exempts mobile food facilities from specified requirements, including the provision of clean toilet rooms for use by employees. Existing law requires a cottage food operation to label prepackaged foods with a notice that it was made or repackaged in a home kitchen. This bill would define "limited food preparation" to include holding, portioning, and dispensing foods prepared by a catering operation. The bill would expand the food service functions of a limited service charitable feeding operation to include, among other things, storage and distribution of commercially prepared and commercially packaged potentially hazardous cold or frozen foods, and would specify that an existing limited service charitable feeding operation facility is presumptively in compliance with structural and other building requirements for food facilities. The bill would expand the use of an outdoor wood-burning oven to additional facilities, including a temporary food facility or satellite food service. The bill would authorize a satellite food service to be temporarily located within a fully enclosed permanent food facility. The bill would authorize a local enforcement agency to exempt specified push carts operating outdoors from mechanical exhaust ventilation equipment requirements. The bill would require a cottage food operation that advertises to the public to indicate specified information on the advertisement, including that the food is made or repackaged in a home kitchen. Existing law requires food packaged using a reduced-oxygen packaging method in which Clostridium botulinum is identified as a microbiological hazard in the final prepackaged form to have a refrigerated shelf life of no more than 14 days from packaging to consumption. Existing law authorizes fish sold in a fishermen's market to be displayed whole or eviscerated, and authorizes a fishermen's market to provide a separate service to fillet, cut, or package fish for customers as a specified type of facility. This bill would extend the authorized refrigerated shelf life of food packaged using a reduced-oxygen packaging method in which Clostridium botulinum is identified as a microbiological hazard in the final prepackaged form to no more than 30 days from packaging to consumption. The bill would require a food facility that packages potentially hazardous foods using a cook-chill or sous vide process to meet specified requirements published by the United States Food and Drug Administration. The bill would authorize fish sold in a fishermen's market to be displayed packaged by an onsite permitted food facility or permitted food facility, and would authorize a fishermen's market to provide a separate service to fillet, cut, or package fish for customers at a fishermen's market booth. Existing law requires employees to thoroughly wash their hands and arms that come into direct food contact. Existing law requires single-use nonlatex gloves to be worn when contacting food and food-contact surfaces when specified criteria are met, and requires gloves to be changed, replaced, or washed as often as handwashing is required. This bill would authorize a food facility to incorporate an alternate double glove use procedure to handle raw animal proteins. By revising the standards that are enforced by local health agencies and by expanding the scope of existing crimes, 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 831?
AB 831 is sponsored by Committee on Health.
What is the current status of AB 831?
This bill has been enacted into law. Introduced February 17, 2021. Enacted.
Where can I track AB 831?
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