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AB-2178 Limited service charitable feeding operation.(2017-2018)

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Date Published: 06/20/2018 09:00 PM
AB2178:v97#DOCUMENT

Amended  IN  Senate  June 20, 2018
Amended  IN  Assembly  April 02, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 2178


Introduced by Assembly Member Limón

February 12, 2018


An act to amend Section Sections 113713 and 113789 of, to add Section 113819 to, and to add Chapter 12.8 (commencing with Section 114379) 10.6 (commencing with Section 114333) to Part 7 of Division 104 of, the Health and Safety Code, relating to the California Retail Food Code.


LEGISLATIVE COUNSEL'S DIGEST


AB 2178, as amended, Limón. Limited service charitable feeding operation.

Existing

(1) 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. Existing law defines “food facility” as an operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption at the retail level, as specified. Existing law regulates temporary food facilities and nonprofit charitable temporary food facilities, as specified. Existing law exempts, among others, a nonprofit association that gives or sells food to its members and guests and not to the general public, as specified, from the definition of food facility. A violation of the California Retail Food Code is generally a misdemeanor.
This bill would exempt a limited service charitable feeding operation from the definition of food facility. The bill would define that operation as a food service operation whose purpose is to feed food-insecure individuals and that does one of specified actions, including food warming of commercially prepackaged food. The bill would require all categories of limited service charitable feeding operations to register with the local enforcement agency. The bill would require those operations, and all food donated, served, or distributed from those operations, to adhere to specified general food safety requirements, where applicable, to best management practices identified by the local enforcement agency, and to all applicable local land use and zoning ordinances or regulations. By creating a new crime and by imposing duties on local officials, this bill would impose a state-mandated local program. an operation for food service to a consumer solely for providing charity, that is conducted by a nonprofit charitable organization, as defined, and whose food service is limited to any of specified functions. The bill would specify that the operation would not include a temporary food facility or a nonprofit charitable temporary food facility, as specified. The bill would prohibit the operation from providing food service unless it has registered with the local enforcement agency, with specified exceptions involving a food bank, and would require an operation subject to registration, or a food bank, if applicable, to submit certain information to the agency.

During a proclaimed state of emergency, local emergency, or local health emergency, this bill would authorize the local enforcement agency to temporarily suspend an operation’s registration and to require temporary closure of that operation, if the local enforcement agency determines that the operation poses a risk to the health or safety of the population that the operation serves based on the conditions addressed in the proclaimed state of emergency, local emergency, or local health emergency, until the operation no longer poses that risk.

The bill would exempt an operation from the requirements of the California Retail Food Code, except for specified general food safety and other requirements. The bill would require an operation to comply with best management practices approved by the local enforcement agency, with exceptions for certain operations. The bill would, among other things, authorize an operation to distribute food in an outdoor location, as specified, in compliance with the approved best management practices and subject to approval by the local enforcement agency, with food service limited to no more than 4 hours per day.
By creating a new crime and by imposing duties on local officials, this bill would impose a state-mandated local program.
(2) Existing law requires that any fee for a permit, registration, or related services under the California Retail Food Code be determined by the local governing body. Existing law requires the fees to be sufficient to cover the actual expenses of administering and enforcing the California Retail Food Code, and to only be expended for that purpose.
This bill would authorize the local enforcement agency to recover the reasonable costs of investigation and enforcement of the California Retail Food Code from an entity that is subject to that investigation or enforcement.

The

(3) 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.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 113713 of the Health and Safety Code is amended to read:

113713.
 (a) Primary responsibility for enforcement of this part shall be with the local enforcement agency. Nothing in this part shall prevent the department from taking any necessary program or enforcement actions for the protection of the public health and safety.
(b) The department shall provide technical assistance, training, standardization, program evaluation, and other services to local health agencies as necessary to ensure the uniform interpretation and application of this part, when an appropriation is made to the department for this purpose.
(c) Whenever the enforcement of the requirements of this part by any local enforcement agency is satisfactory to the department, the enforcement of this part shall not be duplicated by the department. The department shall investigate to determine satisfactory enforcement of this part by evaluating the program of each local enforcement agency at least once every three years and shall prepare a report of the evaluation and list any program improvements needed only when an appropriation is made to the department for these purposes.
(d) The local enforcement agency may recover the reasonable costs of investigation and enforcement of this part from an entity, including a food facility or otherwise, that is subject to that investigation or enforcement pursuant to this part.

SECTION 1.SEC. 2.

 Section 113789 of the Health and Safety Code is amended to read:

113789.
 (a) “Food facility” means an operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption at the retail level, including, but not limited to, the following:
(1) An operation where food is consumed on or off the premises, regardless of whether there is a charge for the food.
(2) A place used in conjunction with the operations described in this subdivision, including, but not limited to, storage facilities for food-related utensils, equipment, and materials.
(b) “Food facility” includes permanent and nonpermanent food facilities, including, but not limited to, the following:
(1) Public and private school cafeterias.
(2) Restricted food service facilities.
(3)  Licensed health care facilities, except as provided in paragraph (12) of subdivision (c).
(4) Commissaries.
(5) Mobile food facilities.
(6) Mobile support units.
(7) Temporary food facilities.
(8) Vending machines.
(9) Certified farmers’ markets, for purposes of permitting and enforcement pursuant to Section 114370.
(10) Farm stands, for purposes of permitting and enforcement pursuant to Section 114375.
(11) Fishermen’s markets.
(c) “Food facility” does not include any of the following:
(1) A cooperative arrangement wherein no permanent facilities are used for storing or handling food.
(2) A private home, including a cottage food operation that is registered or has a permit pursuant to Section 114365.
(3) A church, private club, or other nonprofit association that gives or sells food to its members and guests, and not to the general public, at an event that occurs not more than three days in any 90-day period.
(4) A for-profit entity that gives or sells food at an event that occurs not more than three days in a 90-day period for the benefit of a nonprofit association, if the for-profit entity receives no monetary benefit, other than that resulting from recognition from participating in an event.
(5) Premises set aside for wine tasting, as that term is used in Section 23356.1 of the Business and Professions Code, or premises set aside by a beer manufacturer, as defined in Section 25000.2 of the Business and Professions Code, and in the regulations adopted pursuant to those sections, that comply with Section 118375, regardless of whether there is a charge for the wine or beer tasting, if no other beverage, except for bottles of wine or beer and prepackaged nonpotentially hazardous beverages, is offered for sale or for onsite consumption and no food, except for crackers, pretzels, or prepackaged food that is not potentially hazardous food is offered for sale or for onsite consumption.
(6) 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.
(7) A commercial food processing establishment, as defined in Section 111955.
(8) A child day care facility, as defined in Section 1596.750.
(9) A community care facility, as defined in Section 1502.
(10) A residential care facility for the elderly, as defined in Section 1569.2.
(11) A residential care facility for the chronically ill, which has the same meaning as a residential care facility, as defined in Section 1568.01.
(12) (A) An intermediate care facility for the developmentally disabled, as defined in subdivisions (e), (h), and (m) of Section 1250, with a capacity of six beds or fewer.
(B) A facility described in subparagraph (A) shall report any foodborne illness or outbreak to the local health department and to the State Department of Public Health within 24 hours of the illness or outbreak.
(13) A community food producer, as defined in Section 113752.
(14) A limited service charitable feeding operation, as defined in Section 114379. 113819.

SEC. 2.Chapter 12.8 (commencing with Section 114379) is added to Part 7 of Division 104 of the Health and Safety Code, to read:
12.8.Limited Service Charitable Feeding Operation
114379.

A limited service charitable feeding operation is a food service operation whose purpose is to feed food-insecure individuals and that does any of the following:

(a)Small volume cooking, through which only nonpotentially hazardous foods are prepared or served, or through which only commercially processed potentially hazardous foods are heated for hot holding for single-day use only.

(b)Food warming of commercially prepacked food.

(c)Offering only commercially prepacked prepared cold food.

114379.1.

All categories of limited service charitable feeding operations, as described in Section 114379, shall register with the local enforcement agency.

114379.2.

All categories of limited service charitable feeding operations, as described in Section 114379, and all food donated, served, or distributed from the limited service charitable feeding operations, whether inside or outside the limited service charitable feeding operations, shall adhere to the general food safety requirements described in Chapter 4 (commencing with Section 113980), where applicable, to best management practices identified by the local enforcement agency to ensure appropriate health and sanitation standards, and to all applicable local land use and zoning ordinances or regulations.

114379.3.

During a proclaimed state of emergency, local emergency, or local health emergency, the local enforcement agency may temporarily suspend the registration of a limited service charitable feeding operation issued pursuant to Section 114379.1 and may require temporary closure of that limited service charitable feeding operation, if the local enforcement agency determines that the limited service charitable feeding operation poses a risk to the health or safety of the population that the operation serves based on the conditions addressed in the proclaimed state of emergency, local emergency, or local health emergency, until the operation no longer poses that risk.

SEC. 3.

 Section 113819 is added to the Health and Safety Code, to read:

113819.
 (a) “Limited service charitable feeding operation” means an operation for food service to a consumer solely for providing charity, that is conducted by a nonprofit charitable organization operating pursuant to Chapter 10.6 (commencing with Section 114333), and whose food service is limited to any of the following functions:
(1) Storage and distribution of whole, uncut produce, or of prepackaged, nonpotentially hazardous foods in their original manufacturer’s packaging.
(2) Heating, portioning, or assembly of a small volume of commercially prepared foods or ingredients that are not prepackaged.
(3) Reheating or portioning of only commercially prepared foods with no further processing, for purposes of hot holding and no longer than same-day food service to the consumer.
(4) Storage or distribution of commercially prepared and commercially packaged potentially hazardous cold or frozen foods for distribution to the consumer, according to the Comprehensive Resource for Food Recovery Programs, as most recently updated by the Conference for Food Protection, or according to another nationally recognized guidance resource as approved by the local enforcement agency.
(b) “Limited service charitable feeding operation” does not include a nonprofit charitable temporary food facility operating pursuant to Chapter 10.5 (commencing with Section 114332), or a temporary food facility operating pursuant to Chapter 11 (commencing with Section 114335). A limited service charitable feeding operation shall operate pursuant to Chapter 10.5 (commencing with Section 114332) or Chapter 11 (commencing with Section 114335) if it operates a nonprofit charitable temporary food facility or a temporary food facility, respectively.

SEC. 4.

 Chapter 10.6 (commencing with Section 114333) is added to Part 7 of Division 104 of the Health and Safety Code, to read:
CHAPTER  10.6. Limited Service Charitable Feeding Operation

114333.
 (a) (1) Except as specified in subdivision (b), a limited service charitable feeding operation shall not provide food service unless it has registered with the local enforcement agency in a manner prescribed by that agency, including, but not limited to, payment of a fee not to exceed the reasonable costs of administering and enforcing this chapter if that fee is imposed by the agency.
(2) A limited service charitable feeding operation that is subject to registration shall submit to the local enforcement agency all of the following information:
(A) The name, physical address, Internet Web site, and telephone number of the nonprofit charitable organization conducting the limited service charitable feeding operation.
(B) The name and contact information of a site representative of the limited service charitable feeding operation.
(C) The operating days and hours of the limited service charitable feeding operation.
(b) (1) A limited service charitable feeding operation that performs the functions described in paragraph (1) or (4) of, and does not perform the functions described in paragraphs (2) and (3) of, subdivision (a) of Section 113819, and that operates in conjunction with a food bank that has a valid operating permit issued by the local enforcement agency or the State Department of Public Health shall be exempt from the requirements described in subdivision (a) and paragraph (5) of subdivision (d).
(2) (A) The food bank shall ensure that the limited service charitable feeding operation is operating under a current agreement with the food bank and is compliant with the best management practices approved by the local enforcement agency.
(B) On at least an annual basis, or more frequently if requested by the local enforcement agency, the food bank shall submit to the local enforcement agency a current list of the limited service charitable feeding operations that operate in conjunction with that food bank.
(c) Notwithstanding any other law, a limited service charitable feeding operation shall be exempt from the requirements of this part, except as set forth in this chapter.
(d) A limited service charitable feeding operation shall comply with all of the following:
(1) Chapter 1 (commencing with Section 113700).
(2) Chapter 2 (commencing with Section 113728).
(3) Sections 113952, 113953.1, 113953.2, 113953.3, 113980, 113982, 113984, 113988, 113990, 113992, 113996, 113998, 114000, 114002, 114002.1, 114014, 114016, 114018, 114020, 114021, 114023, 114024, 114025, 114027, 114031, 114035, 114037, 114041, 114047, 114049, 114051, 114053, 114055, and 114079.
(4) Article 2 (commencing with Section 114390) and Article 3 (commencing with Section 114405) of Chapter 13. A registration issued pursuant to this chapter shall have the same meaning as provided in subdivision (b) of Section 113851.
(5) Best management practices approved by the local enforcement agency.
(6) Limitations on the duration of food service, as determined by the local enforcement agency based on the requirements set forth in paragraphs (1) to (5), inclusive.
(e) A limited service charitable feeding operation may prepare and distribute food from a nonresidential building or structure that meets minimum structural and operating requirements as determined by the local enforcement agency.
(f) A limited service charitable feeding operation may distribute food in an outdoor location, not in or adjacent to the registered location, in compliance with the approved best management practices and subject to approval by the local enforcement agency. Food service under this subdivision shall be limited to no more than four hours per day.

114333.1.
 Nothing in this chapter is intended to replace or supersede a permit for any food facility when required by the local enforcement agency pursuant to any other law.

SEC. 3.SEC. 5.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, 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.
However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.