includes proposed additions to law or the previous version of the bill.
includes proposed deletions to law or the previous version of the bill.
PASSED THE SENATE JULY 1, 2011
PASSED THE ASSEMBLY JULY 14, 2011
AMENDED IN SENATE JUNE 15, 2011
INTRODUCED BY Assembly Members Fletcher and Chesbro
FEBRUARY 18, 2011
An act to amend Section 113789 of the Health and Safety Code,
relating to food safety.
LEGISLATIVE COUNSEL'S DIGEST
AB 1014, Fletcher. Food facilities: definition.
The California Retail Food Code provides for the regulation of
health and sanitation standards for retail food facilities, including
mobile food facilities and satellite food service, as defined, by
the State Department of Public Health. Under existing law, local
health agencies are primarily responsible for enforcing this code. A
violation of these provisions is punishable as a misdemeanor. The
code exempts from its provisions premises set aside for wine tasting,
if specified conditions are met.
This bill would additionally exempt from its provisions, if
specified conditions are met, premises set aside for beer tasting by
a beer manufacturer, as defined to include any holder of a beer
manufacturer's license, any holder of an out-of-state beer
manufacturer's certificate, or any holder of a beer and wine importer'
s general license.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 113789 of the Health and Safety Code is amended
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,
(1) An operation where food is consumed on or off the premises,
regardless of whether there is a charge for the food.
(2) Any 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.
(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.
(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.
(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
(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 and in the
regulations adopted pursuant to that section, that comply with
Section 118375, regardless of whether there is a charge for the wine
tasting, if no other beverage, except for bottles of wine and
prepackaged nonpotentially hazardous beverages, is offered for sale
for onsite consumption and no food, except for crackers, is served.
(6) 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
(7) A commercial food processing plant as defined in Section
(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
(11) A residential care facility for the chronically ill, which
has the same meaning as a residential care facility, as defined in
(12) Premises set aside by a beer manufacturer, as defined in
Section 25000.2 of the Business and Professions Code, that comply
with Section 118375, for the purposes of beer tasting, regardless of
whether there is a charge for the beer tasting, if no other beverage,
except for beer and prepackaged nonpotentially hazardous beverages,
is offered for sale for onsite consumption, and no food, except for
crackers or pretzels, is served.