AB 234 — Food: sale.

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. Under existing law, unless a local jurisdiction adopts an ordinance prohibiting the activity, a community food producer or gleaner may sell or provide whole uncut fruits or vegetables, or unrefrigerated shell eggs, directly to the public, to a permitted restaurant, or a cottage food operation if the community food producer meets specified requirements. Existing law authorizes a local city or county health enforcement office to require a community food producer or gleaner to register with the city or county to provide specified information. A violation of the code is a crime. This bill would remove the local ordinance prohibition exception, and would authorize a community food producer to sell or provide whole uncut fruits or vegetables, or unrefrigerated shell eggs, directly to the public, a permitted food facility, or a cottage food operation, and authorize a gleaner to sell or provide the same food produced by a community food producer directly to the public without registration or to donate the same food produced by a community food producer to a food bank or food kitchen without registration, if specified requirements are met. The bill would prohibit a local city or county health enforcement office, unless otherwise authorized by a local ordinance adopted by a local jurisdiction, from requiring a community food producer to register with the city or county or to meet additional requirements if the community food producer meets any of the specified conditions. The bill would require a community food producer or gleaner that sells or provides the above-mentioned food directly to the public, and a food bank or food kitchen that receives the same food donated by a community food producer or gleaner, pursuant to these provisions to retain records related to the sale, provision, or donation of food for 30 days, as specified. By expanding the definition of a crime, this bill would impose a state-mandated local program. Existing law exempts from the definition of food facility premises operated by a producer, selling or offering for sale only whole produce grown by the producer or shell eggs, or both, provided the sales are conducted on premises controlled by the producer. This bill would instead exclude from the definition of food facility an outlet or location, including, but not limited to, premises, operated by a producer, selling or offering for sale only whole produce grown by the producer or shell eggs, or both, provided the sales are conducted at an outlet or location controlled by the producer. This bill would incorporate additional changes to Section 113789 of the Health and Safety Code, proposed by AB 143 and AB 226, that would become operative only if this bill and either or both of those bills are chaptered and become effective January 1, 2016, and this bill is chaptered last. 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.

Bill Text

• Chaptered 10/08/15 - Chaptered Current pdf October 08, 2015
• Enrolled 09/16/15 - Enrolled pdf September 16, 2015
• Amended 09/04/15 - Amended Senate pdf September 04, 2015
• Amended 06/09/15 - Amended Senate pdf June 09, 2015
• Introduced 02/04/15 - Introduced pdf February 04, 2015
• AB234 View text html

Action History

1. October 08, 2015

   Chaptered by Secretary of State - Chapter 616, Statutes of 2015.

2. October 08, 2015

   Approved by the Governor.

3. September 23, 2015

   Enrolled and presented to the Governor at 4 p.m.

4. September 11, 2015

   Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 63. Noes 15. Page 3135.).

5. September 10, 2015

   In Assembly. Concurrence in Senate amendments pending.

6. September 10, 2015

   Read third time. Passed. Ordered to the Assembly. (Ayes 27. Noes 13. Page 2693.).

7. September 08, 2015

   Read second time. Ordered to third reading.

8. September 04, 2015

   Read third time and amended. Ordered to second reading.

9. July 07, 2015

   Read second time. Ordered to third reading.

10. July 06, 2015

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

11. June 25, 2015

    From committee: Do pass and re-refer to Com. on APPR. (Ayes 8. Noes 0.) (June 24). Re-referred to Com. on APPR.

12. June 09, 2015

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

13. May 21, 2015

    Referred to Com. on HEALTH.

14. May 11, 2015

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

15. May 11, 2015

    Read third time. Passed. Ordered to the Senate. (Ayes 62. Noes 10. Page 1373.)

16. April 16, 2015

    Read second time. Ordered to third reading.

17. April 15, 2015

    From committee: Do pass. (Ayes 15. Noes 0.) (April 15).

18. April 08, 2015

    From committee: Do pass and re-refer to Com. on APPR. (Ayes 16. Noes 1.) (April 7). Re-referred to Com. on APPR.

19. March 02, 2015

    Referred to Com. on HEALTH.

20. February 05, 2015

    From printer. May be heard in committee March 7.

21. February 04, 2015

    Read first time. To print.

Sponsors

• Gordon · Primary

Votes

Subjects