Mike Gatto
- Democratic
Author
Existing law, the Sherman Food, Drug, and Cosmetic Law (Sherman Law) , requires the State Department of Public Health to regulate the manufacture, sale, labeling, and advertising activities related to food, drugs, devices, and cosmetics in conformity with the Federal Food, Drug, and Cosmetic Act. The Sherman Law makes it unlawful to manufacture, sell, deliver, hold, or offer for sale any food that is misbranded. Food is misbranded if its labeling does not conform to specified federal labeling requirements regarding nutrition, nutrient content or health claims, and food allergens. Violation of this law is a misdemeanor. The existing California Retail Food Code provides for the regulation of health and sanitation standards for retail food facilities, as defined, by the State Department of Public Health. Under existing law, local health agencies are primarily responsible for enforcing the California Retail Food Code. That law exempts private homes from the definition of a food facility, and prohibits food stored or prepared in a private home from being used or offered for sale in a food facility. That law also requires food that is offered for human consumption to be honestly presented, as specified. A violation of these provisions is a misdemeanor. This bill would include a cottage food operation, as defined, that is registered or has a permit within the private home exemption of the California Retail Food Code. The bill would also exclude a cottage food operation from specified food processing establishment and Sherman Law requirements. This bill would require a cottage food operation to meet specified requirements relating to training, sanitation, preparation, labeling, and permissible types of sales and would subject a cottage food operation to inspections under specified circumstances. The bill would require a food facility that serves a cottage food product without packaging or labeling to identify it as homemade. The bill would establish various zoning and permit requirements relating to cottage food operations. This bill would incorporate additional changes in Section 113789 of the Health and Safety Code, proposed by AB 2297, to be operative only if AB 2297 and this bill are both chaptered and become effective January 1, 2013, and this bill is chaptered last. By imposing duties on local officials and adding new crimes, this bill would create 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 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.
Chaptered by Secretary of State - Chapter 415, Statutes of 2012.
Approved by the Governor.
Enrolled and presented to the Governor at 4:55 p.m.
Read third time. Passed. Ordered to the Assembly. (Ayes 34. Noes 0. Page 5025.).
Senate Rule 29.3 suspended. (Page 5025.)
Read third time and amended.
Joint Rule 61(b)(16) suspended. (Page 5015.)
Pursuant to Joint Rule 33.1,
Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 60. Noes 16. Page 6691.).
In Assembly. Concurrence in Senate amendments pending.
Read second time. Ordered to third reading.
Read third time and amended. Ordered to second reading.
Read second time and amended. Ordered to third reading.
From committee: Do pass as amended. (Ayes 7. Noes 0.) (August 16).
Read second time and amended. Re-referred to Com. on APPR.
From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 8. Noes 0.) (June 27).
Read third time. Passed. Ordered to the Senate. (Ayes 56. Noes 19. Page 5042.)
In Senate. Read first time. To Com. on RLS. for assignment.
Read second time. Ordered to third reading.
From committee: Do pass. (Ayes 12. Noes 5.) (May 25).
In committee: Set, first hearing. Referred to APPR. suspense file.
From committee chair, with author's amendments: Amend, and re-refer to Com. on APPR. Read second time and amended.
Read second time and amended.
From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 15. Noes 0.) (April 17).
From committee chair, with author's amendments: Amend, and re-refer to Com. on HEALTH. Read second time and amended.
In committee: Set, second hearing. Hearing canceled at the request of author.
In committee: Set, first hearing. Hearing canceled at the request of author.
From printer. May be heard in committee March 10.
Read first time. To print.
| Bill Text Versions | Format |
|---|---|
| AB1616 | HTML |
| 02/08/12 - Introduced | |
| 04/10/12 - Amended Assembly | |
| 04/25/12 - Amended Assembly | |
| 05/03/12 - Amended Assembly | |
| 07/03/12 - Amended Senate | |
| 08/21/12 - Amended Senate | |
| 08/24/12 - Amended Senate | |
| 08/30/12 - Amended Senate | |
| 09/05/12 - Enrolled | |
| 09/21/12 - Chaptered |
| Document | Format |
|---|---|
| No related documents. |
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