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AB-2909 Poultry producers: small-scale producers and California Retail Food Code.(2017-2018)

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Date Published: 04/18/2018 09:00 PM
AB2909:v96#DOCUMENT

Amended  IN  Assembly  April 18, 2018
Amended  IN  Assembly  April 02, 2018
Amended  IN  Assembly  March 20, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 2909


Introduced by Assembly Member Wood

February 16, 2018


An act to add Chapter 4 (commencing with Section 25200) to Part 1 of Division 12 of the Food and Agricultural Code, and to amend Section 113735 of the Health and Safety Code, relating to poultry, and making an appropriation therefor.


LEGISLATIVE COUNSEL'S DIGEST


AB 2909, as amended, Wood. Poultry producers: small-scale producers and California Retail Food Code.
(1) Existing federal law, the Poultry Products Inspection Act, generally regulates the slaughtering, processing, and labeling of poultry products and exempts certain poultry producers that slaughter or process less than a specified amount of poultry from its provisions. Existing state law authorizes the Secretary of Food and Agriculture to adopt by regulation standards and requirements equal to those of the federal Poultry Products Inspection Act, including, but not limited to, standards and requirements for inspection, sanitation, reinspection, preparation, processing, buying, selling, transporting, storing, identification, recordkeeping, registration, and labeling.
Existing state law prohibits a person from operating a poultry plant unless the person has obtained a license from the secretary. Existing state law generally regulates the inspection of poultry plant sanitation and poultry products for wholesomeness. Existing state law prohibits poultry meat, which includes domesticated fowl and rabbit, from being packed, repacked, cut up, recut, or sold unless each container or each carcass is marked in a specified manner. Existing state law requires poultry meat inspectors to inspect and classify poultry meat, poultry meat product, and poultry meat food product as either wholesome, retained for further inspection, or condemned for human food.
This bill, on or before January 1, 2020, would require the Department of Food and Agriculture to create a registration system for small-scale producers, as defined, that are eligible for a specified exemption from the federal Poultry Products Inspection Act. Under the bill, a registered small-scale producer would be considered subject to alternative regulatory provisions, as specified, in lieu of the above-described generally applicable poultry plant sanitation and poultry product inspection provisions. The bill would require the registration system to include, at a minimum, a declaration by a small-scale producer, as a part of registration, to submit an affidavit, under penalty of perjury, declaring the producer regarding the producer’s eligibility for the federal exemption. knowledgeability and intention to slaughter or process poultry meat in accordance with good practices for poultry meat food products, and verification of that declaration by a licensed poultry meat inspector who is trained in humane methods of handling and slaughter of poultry. By creating a new crime, imposing new requirements, the violation of which would be a crime under existing law, this bill would impose a state-mandated local program. The bill would authorize the department to include in the registration system a registration fee, to be deposited into the Small-Scale Poultry Producer Account within the Department of Food and Agriculture Fund, which account would be created by the bill. Moneys in the account would be continuously appropriated to the department to implement, administer, and enforce these new regulatory provisions. The bill would also require the department to post on its Internet Web site information regarding humane methods of handling and slaughter of poultry and safety information for small-scale producers, as specified.
The bill would apply the federal exemption described above to a registered small-scale producer in the same manner as applied in the federal act and would authorize a registered small-scale producer to sell poultry meat within the state to the same entities permitted by the federal exemption, as specified. The bill would vest primary responsibility of enforcement with county agricultural commissioners. By imposing additional duties on local officials, this bill would impose a state-mandated local program.
(2) Existing law, the California Retail Food Code, establishes food safety requirements on retail food facilities, as defined, and requires food to be obtained from approved sources, as defined. Existing law provides for the enforcement of the California Retail Food Code by enforcement officers, as defined.
This bill would deem poultry meat received from a small-scale producer registered pursuant to the provisions described in paragraph (1) to be from an approved source. The bill would authorize enforcement officers to enter and inspect the premises of a registered small-scale producer in response to a public food safety complaint, and would authorize the enforcement officer to recover reasonable costs associated with that inspection from that producer.
(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: YES   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 Chapter 4 (commencing with Section 25200) is added to Part 1 of Division 12 of the Food and Agricultural Code, to read:
CHAPTER  4. Small-Scale Producers
Article  1. Definitions

25200.
 Unless the context provides otherwise, the definitions of this article govern the construction of this chapter.

25201.
 “Fowl” includes chickens, turkeys, ducks, geese, and other domesticated birds.

25202.
 “Growing poultry” means feeding and caring for poultry.

25203.
 “Poultry” means domesticated fowl or domesticated rabbit that is intended for use for human food.

25204.
 “Poultry meat” means the carcass of poultry or any part of that carcass.

25205.
 “Producer” means any person that is engaged in the business of growing any poultry that is marketed as poultry meat for a period of three weeks or more for the purpose of increasing the size and weight of that poultry.

25206.
 “Registered small-scale producer” means a small-scale producer registered pursuant to Section 25221.

25207.
 “Small-scale producer” means a producer that slaughters or processes the products of 20,000 poultry or less in a calendar year.

Article  2. General Provisions

25210.
 On or before January 1, 2020, the department shall post on its Internet Web site, and update as appropriate, information regarding relevant the following:
(a) Humane methods of handling and slaughter of poultry.
(b) Relevant safety requirements of small-scale producers, including small-scale producers that are registered pursuant to Article 3 (commencing with Section 25220) and exempt from Chapter 2 (commencing with Section 24651) and Chapter 3 (commencing with Section 24951).

Article  3. Registration

25220.
 (a) On or before January 1, 2020, the department shall create a registration system by which a small-scale producer described in subdivision (a) of Section 25221 may register with the department for purposes of being considered subject to the provisions of this chapter in lieu of the provisions of Chapter 2 (commencing with Section 24651) and Chapter 3 (commencing with Section 24951). The registration system shall include at least all of the following:
(1) A declaration by the producer that he or she is knowledgeable and intends to slaughter or process poultry meat in accordance with good practices for poultry meat food products, as may be further defined by the department. A declaration made pursuant to this paragraph shall not be used to infer that the producer is not required to comply with any other state or federal laws relative to food safety and good practices for poultry meat food products.

(2)Submission of an affidavit, under penalty of perjury, declaring the producer’s eligibility for the federal exemption described in Section 381.10(a)(5) of Title 9 of the Code of Federal Regulations, as that section existed on January 1, 2019.

(2) Verification of the declaration in paragraph (1) by a poultry meat inspector, as defined in Section 24959, who is licensed pursuant to Article 4 (commencing with Section 25051) of Chapter 3 and trained in humane methods of handling and slaughter of poultry.
(b) The department shall inform the respective county agricultural commissioner and enforcement officer, as defined in Section 113774 of the Health and Safety Code, of the jurisdiction in which a registered small-scale producer is located.
(c) The registration system may include a registration fee, not to exceed the reasonable costs of implementing this chapter, for each small-scale producer who registers with the department pursuant to Section 25221.

25221.
 (a) A small-scale producer that is exempt from the federal Poultry Products Inspection Act (21 U.S.C. Sec. 451 et seq.) pursuant to Section 381.10(a)(5) of Title 9 of the Code of Federal Regulations, as that section existed on January 1, 2019, may register with the department.
(b) A small-scale producer that is registered under subdivision (a) is exempt from the provisions of Chapter 2 (commencing with Section 24651) and Chapter 3 (commencing with Section 24951).

Article  4. Sale of Poultry Meat

25230.
 The exemption described in Section 381.10(a)(5) of Title 9 of the Code of Federal Regulations, as that section existed on January 1, 2019, shall apply to a registered small-scale producer in the same manner as applied in the federal Poultry Products Inspection Act (21 U.S.C. Sec. 451 et seq.) and shall authorize a registered small-scale producer to sell poultry meat within the state to the same entities as permitted by that federal exemption, as it existed on January 1, 2019.

25231.
 A registered small-scale producer shall comply with all labeling and identification requirements for poultry meat imposed by the federal Poultry Products Inspection Act (21 U.S.C. Sec. 451 et seq.).

Article  5. Enforcement

25240.
 (a) A county agricultural commissioner of each county shall have primary responsibility for enforcement of this chapter within his or her jurisdiction.
(b) An enforcement officer, as defined in Section 113774 of the Health and Safety Code, may enter into and inspect the premises of a small-scale producer registered pursuant to this chapter in response to a public food safety complaint. The enforcement officer may recover reasonable costs associated with that inspection from the registered small-scale producer operating the particular premises.

Article  6. Small-Scale Poultry Producer Account

25250.
 The Small-Scale Poultry Producer Account is hereby established within the Department of Food and Agriculture Fund. Registration fee moneys collected pursuant to Section 25220 shall be deposited into the Small-Scale Poultry Producer Account, to be continuously appropriated to the department for purposes of implementing, administering, and enforcing this chapter.

SEC. 2.

 Section 113735 of the Health and Safety Code is amended to read:

113735.
 (a) “Approved source” means a food source allowed under Article 3 (commencing with Section 114021) of Chapter 4, or a producer, manufacturer, distributor, or food facility that is acceptable to the enforcement agency based on a determination of conformity with applicable laws, or, in the absence of applicable laws, with current public health principles and practices, and generally recognized industry standards that protect public health.
(b) Any whole uncut fruit or vegetable or unrefrigerated shell egg grown or produced in compliance with all applicable federal, state, or local laws, regulations, and food safety guidelines issued by a regulatory agency shall be deemed to be from an approved source.
(c) Any poultry meat, as defined in Section 25204 of the Food and Agricultural Code, received from a small-scale producer registered pursuant to Section 25221 of the Food and Agricultural Code shall be deemed to be from an approved source.

SEC. 3.

 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.