BILL NUMBER: AB 234	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 9, 2015

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 amended, 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.  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 or
gleaner to sell or provide whole uncut fruits or vegetables, or
unrefrigerated shell eggs, directly to a permitted food facility.
 The bill would provide that a local city or county health
enforcement office may only require, unless otherwise authorized by a
local ordinance adopted by a local jurisdiction, a community food
producer or gleaner to register with the city or county and to
provide specified information if the community food producer or
gleaner does not meet any of the specified conditions.  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   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 food facility, or a cottage food operation if
the community food producer  or gleaner  meets all of the
following  requirements in addition to any requirements
imposed by an ordinance adopted by a local jurisdiction: 
 requirements: 
   (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   Unless otherwise authorized by a
local ordinance adopted by a local jurisdiction, a  local city
or county health enforcement office may  only  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.   gleaner if the
community food producer or gleaner does not   meet any of
the following conditions:  
   (1) Produce is sold on the premises controlled by the community
food producer pursuant to paragraph (6) of subdivision (c) of Section
113789.  
   (2) Produce is donated to a food bank or food kitchen that is
registered or permitted by a federal, state, or local health agency.
 
   (3) Produce is sold in a food facility permitted by a federal,
state, or local health agency. 
  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.