BILL NUMBER: AB 234	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Gordon

                        FEBRUARY 4, 2015

   An act to amend Section 114376 of the Health and Safety Code,
relating to food.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 234, as introduced, Gordon. Food: sale.
   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. A violation of the code is a crime.
   This bill would authorize a community food producer or gleaner to
sell or provide whole uncut fruits or vegetables, or unrefrigerated
shell eggs, directly to a permitted food facility. By expanding the
definition of a crime, this 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 no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 114376 of the Health and Safety Code is amended
to read:
   114376.  (a) Unless a local jurisdiction adopts an ordinance
regulating community food production or agricultural production that
prohibits 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,
  food facility,  or a cottage food operation if
the community food producer meets all of the following requirements
in addition to any requirements imposed by an ordinance adopted by a
local jurisdiction:
   (1) Agricultural products shall be grown or produced in compliance
with subdivision (b) of Section 113735.
   (2) Agricultural products shall be labeled with the name and
address of the community food producer.
   (3) Conspicuous signage shall be provided in lieu of a product
label if the agricultural product is being sold by the community food
producer on the site of production. The signage shall include, but
not be limited to, the name and address of the community food
producer.
   (4) Best management practices  ,  as described by the
Department of Food and Agriculture  ,  regarding small farm
food safety guidelines on, but not limited to, safe production,
processing, and handling of both nonpotentially hazardous and
potentially hazardous foods.
   (5) Egg production shall be limited to 15 dozen eggs per month.
   (b) A local city or county health enforcement office may 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.
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.