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 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 performance of a certain function or operation in conjunction with a food bank, and would require a limited service charitable feeding operation subject to registration, or a food bank, if applicable, to submit certain information to the agency.

The bill would exempt a limited service charitable feeding operation from the requirements of the California Retail Food Code, except for specified general food safety and other requirements. The bill would require the operation to comply with best management practices approved by the local enforcement agency. The bill would, among other things, authorize the 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.

This bill would authorize the local enforcement agency to recover the reasonable regulatory costs of the administration, implementation, investigation, and enforcement of the above-described provisions from a limited service charitable feeding operation.

This bill would incorporate additional changes to Section 113789 of the Health and Safety Code proposed by AB 626 and AB 2524 to be operative only if this bill and AB 626, this bill and AB 2524, or all 3 bills are enacted and this bill is enacted last.

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.

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 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 performance of a certain function or operation in conjunction with a food bank, and would require a limited service charitable feeding operation subject to registration, or a food bank, if applicable, to submit certain information to the agency.

The bill would exempt a limited service charitable feeding operation from the requirements of the California Retail Food Code, except for specified general food safety and other requirements. The bill would require the operation to comply with best management practices approved by the local enforcement agency. The bill would, among other things, authorize the 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.

This bill would authorize the local enforcement agency to recover the reasonable regulatory costs of the administration, implementation, investigation, and enforcement of the above-described provisions from a limited service charitable feeding operation.

This bill would incorporate additional changes to Section 113789 of the Health and Safety Code proposed by AB 626 and AB 2524 to be operative only if this bill and AB 626, this bill and AB 2524, or all 3 bills are enacted and this bill is enacted last.

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.

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 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 performance of a certain function or operation in conjunction with a food bank, and would require a limited service charitable feeding operation subject to registration, or a food bank, if applicable, to submit certain information to the agency.

The bill would exempt a limited service charitable feeding operation from the requirements of the California Retail Food Code, except for specified general food safety and other requirements. The bill would require the operation to comply with best management practices approved by the local enforcement agency. The bill would, among other things, authorize the 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.

This bill would authorize the local enforcement agency to recover the reasonable regulatory costs of the administration, implementation, investigation, and enforcement of the above-described provisions from a limited service charitable feeding operation.

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.

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 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 performance of a certain function or operation in conjunction with a food bank, and would require an a limited service charitable feeding operation subject to registration, or a food bank, if applicable, to submit certain information to the agency.

The bill would exempt a limited service charitable feeding operation from the requirements of the California Retail Food Code, except for specified general food safety and other requirements. The bill would require the operation to comply with best management practices approved by the local enforcement agency. The bill would, among other things, authorize the 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.

This bill would authorize the local enforcement agency to recover the reasonable regulatory costs of the administration, implementation, investigation, and enforcement of the above-described provisions from a limited service charitable feeding operation.

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.

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 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.

The bill would exempt an a limited service charitable feeding operation from the requirements of the California Retail Food Code, except for specified general food safety and other requirements. The bill would require an the operation to comply with best management practices approved by the local enforcement agency. The bill would, among other things, authorize an the 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.

This bill would authorize the local enforcement agency to recover the reasonable regulatory costs of investigation and enforcement of the California Retail Food Code from an entity that is subject to that investigation or enforcement. the administration, implementation, investigation, and enforcement of the above-described provisions from a limited service charitable feeding operation.

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.

(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 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.

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. agency. 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.

(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.

(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.

(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.

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 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 to include as a food service operation, operation whose purpose is to feed food-insecure individuals, 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 and 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, and to best management practices identified by the local enforcement agency, as specified. 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.

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.

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 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 to include 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 and to adhere to specified general food safety requirements, where applicable, and to best management practices identified by the local enforcement agency, as specified. By creating a new crime and by imposing duties on local officials, 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 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.

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 2178

Author:(Limón)

As Amended Ver:August 24, 2018

Majority vote

Original Committee Reference: HEALTH

SUMMARY: Expands the definition of a food facility to include a limited service charitable feeding operation whose purpose is to feed food-insecure individuals and requires limited service charitable feeding operations to register with the local enforcement agency.

The Senate amendments clarifies the registration process and best managements practices for limited service charitable feeding operations, deletes the authorization of the local enforcement agency to temporarily suspend the registration of limited service charitable feeding operations during a state of emergency, and clarifies certain functions of a limited charitable feeding operations and exempts operations that have a valid operating permit, as specified.

FISCAL EFFECT: According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, negligible state costs.

COMMENTS: According to the author, this bill provides greater regulatory clarity and flexibility for non-profit limited service charitable feeding operations. The author states that this bill provides clear direction and guidance to both the operators and local health departments in order to protect public health.

According to the United States Department of Agriculture (USDA), food-insecure households are those in which, at times during the year, the food-intake of a household member is reduced and their normal eating patterns are disrupted because the household lacks money and other resources for food. Food-insecure households include those with low food security and very low food security. The USDA reports that, in 2016, 41.2 million people lived in food-insecure households; and 6.5 million children lived in food-insecure households in which children, along with adults, were food insecure. The prevalence of food insecurity varies considerably when factoring in race, ethnicity, and household situations, 31.6% of households with children headed by a single woman are food insecure, 22.5% of Black and 18.5 % of Hispanic households are food insecure. The USDA administers 15 domestic food and nutrition assistance programs that aid in securing food for children and low-income adults. Despite this national effort according to the California Food Banks Association, one in eight Californians currently struggle with food insecurity and one in five children in California struggle with hunger. The California Retail Food Code is patterned after the federal Food and Drug Administration's (FDA's) Food Code, which is a model for local, state, and federal jurisdictions that are responsible for ensuring food safety. According to the FDA, the Food Code represents FDA's best advice, updated every four years, for a uniform system of provisions that address the safety and protection of food offered at retail and in food service. Charitable feeding operations are currently restricted to only giving food three days in a 90-day period. If charitable feeding operations would want to operate more than the time allotted, they are required to register as a food facility and comply with all regulations. This bill allows limited service charitable feeding operations to operate as frequently as they wish while following the specified requirements.

California Association of Environmental Health Administrators (CAEHA) writes in support, that this bill would create a new category for limited service charitable feeding operations that are limited to non-potentially hazardous foods or reheating of commercially processed potentially hazardous foods for single day serving. According to CAEHA, these operations would be required to register with the appropriate local enforcement agency and adhere to general food safety provisions, training, and best management practices to ensure food safety. CAEHA concludes this bill would give local enforcement agencies additional flexibility when working with charitable feeding organizations that wish to feed the needy, but do not have access to a full service, permitted commercial kitchen.

There is no known opposition.

Analysis Prepared by: Monica Montano / HEALTH / (916) 319-2097 FN: 0004452

 THIRD READING  

Bill No: AB 2178

Author:

Amended: 8/24/18 in Senate

Vote:

SENATE HEALTH COMMITTEE: 9-0, 6/27/18

AYES: Pan, Nguyen, Beall, Hernandez, Leyva, Mitchell, Monning, Nielsen, Roth

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

ASSEMBLY FLOOR: 74-0, 4/26/18 (Consent) - See last page for vote

SUBJECT:

SOURCE: California Association of Environmental Health Administrators

DIGEST:

This bill establishes a limited service charitable feeding operation as a new category of regulated food facility, whose food service is limited to storage and distribution of nonpotentially hazardous foods or commercially prepared or packaged hazardous foods, or limited service of commercially prepared foods, and exempts these charitable feeding operations from many, but not all, of the requirements that apply to other food facilities.

Senate Floor Amendments of 8/24/18 add chaptering out amendments to AB 626 (Garcia) and AB 2524 (Wood), to avoid conflicts in the event more than one of these bills are signed into law.

Senate Floor Amendments of 8/21/18 exempt a limited service charitable feeding operation that only stores and distributes whole, uncut produce, or prepackaged, nonpotentially hazardous foods, from the requirement to register with the local enforcement agency, regardless of whether or not it operates in conjunction with a permitted food bank.

ANALYSIS:

Existing law:

1. Establishes the California Retail Food Code (CalCode) to provide for the regulation of retail food facilities. Health and sanitation standards are established at the state level through the CalCode, while enforcement is charged to local agencies, carried out by the 58 county environmental health departments, and four city environmental health departments (Berkeley, Long Beach, Pasadena, and Vernon). [HSC §113700, et seq.]
2. Defines a “food facility” as an operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption at the retail level. Excludes various entities from the definition of a “food facility,” including a cottage food operation, and 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 no more than three days in any 90-day period. [HSC §113789]
3. Defines a “potentially hazardous food,” in part, as a food that requires time or temperature control to limit pathogenic micro-organism growth or toxin formation, and exempts certain foods, including food in an unopened, hermetically sealed container that is processed to achieve and maintain sterility under conditions of nonrefrigerated storage. Requires potentially hazardous food to be maintained at or above 135 degrees Fahrenheit, or at or below 41 degrees Fahrenheit. [HSC §113781]
4. Defines a “food bank” as a surplus food collection and distribution system operated and established to assist in bringing donated food to nonprofit charitable organizations and individuals for the purposes of reducing food hunger and supplying nutritional needs. [HSC §113783]
5. Defines “temporary food facility” as a food facility approved by the local enforcement agency that operates at a fixed location for the duration of an approved community event or at a swap meet. Defines “nonprofit charitable temporary food facility” as a temporary food facility that is conducted by a nonprofit charitable organization, or an established club or organization of students that operates under the authorization of a school or other educational facility. [HSC §113930, §113842]
6. Permits a person, gleaner, or food facility to donate food to a food bank or to any other nonprofit charitable organization for distribution to persons free of charge. Permits food facilities to donate food directly to end recipients for consumption. [HSC §114432]
7. Provides immunity to persons, gleaners, or food facilities that donate food from civil or criminal liability or penalty for violation of any laws regulating the labeling or packaging of the donated product, or with respect to any other law, for a violation occurring after the time of donation. [HSC §114433]
8. Provides nonprofit charitable organizations or food banks that, in good faith, receive and distribute food without charge with immunity from civil liability for an injury or death due to the food unless the injury or death is a direct result of the negligence, recklessness, or intentional misconduct of the organization. [CIV §1714.25]

This bill:

1. Adds “a limited service charitable feeding operation” (CFO) to the definition of a food facility for purposes of regulation under the CalCode, and prohibits a CFO from providing food service unless it has registered with the local enforcement agency by payment of a fee not to exceed the reasonable costs of administering and enforcing this bill, if a fee is imposed by the local enforcement agency.
2. Defines a CFO as an operation for food service to a consumer solely for providing charity, that is conducted by a nonprofit charitable organization, 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 service to the consumer; and,
   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.
3. Exempts from the definition of a CFO a nonprofit charitable temporary food facility, as specified under existing law, or a temporary food facility, as specified under existing law. However, requires a CFO to operate according to those laws if it operates a nonprofit charitable temporary food facility or a temporary food facility, respectively.
4. Requires a CFO, when registering with the local enforcement agency, to submit all of the following information:
   1. The name, physical address, Internet Web site, and telephone number of the nonprofit charitable organization conducting the CFO;
   2. The name and contact information of a site representative of the CFO; and,
   3. The operating days and hours of the CFO.
5. Exempts a CFO from having to register with the local enforcement agency if it only performs the functions in a) of paragraph 2) above, and additional exempts a CFO from having to register with the local enforcement agency if it only performs the functions in d) of paragraph 2) above as long as it operates in conjunction with a food bank that has a valid operating permit.
6. Requires the food bank, for purposes of the exemption for CFOs in 5) above, to ensure that the CFO is operating under a current agreement with the food bank and is compliant with the best management practice of the local enforcement agency. Requires the food bank, on at least an annual basis, or more frequently if requested by the local enforcement agency, to submit to the local enforcement agency a current list of the CFO operations that operate in conjunction with that food bank.
7. Exempts all CFOs from the requirements of the CalCode, with the exception of specified provisions, including the requirements:
   1. Provisions providing the local enforcement agency with responsibility for enforcement of the CalCode, including the ability to conduct inspections;
   2. Various requirements related to handwashing facilities, supplies, and procedures;
   3. Requirements related to protecting food from adulteration and spoilage, transporting the food in a safe manner and at required holding temperatures, and keeping the food preparation area free from contamination;
   4. Requirements related to washing produce;
   5. Time and temperature requirements related to maintaining and serving potentially hazardous food at safe levels;
   6. Requirements related to keeping frozen foods in their frozen state, or thawing according to specified procedures; and,
   7. Requirements related to obtaining food from approved sources, and ensuring egg and milk products are pasteurized.
8. Requires the CFO to comply with best management practices approved by the local enforcement agency, and limitations on the duration of food service, as determined by the local enforcement agency.
9. Permits a CFO to prepare and distribute food from a nonresidential building or structure that meets minimum structural and operating requirements as determined by the local enforcement agency.
10. Permits a CFO to 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. Limits food distributed under this provision to no more than four hours per day.
11. Specifies that nothing in this bill is intended to replace or supersede a permit for any food facility when required by the local enforcement agency pursuant to any other law.
12. Permits the local enforcement agency to recover the reasonable costs of investigation and enforcement of the CalCode from an entity, including a food facility or otherwise, that is subject to that investigation or enforcement under the CalCode.

Comments

1. Author’s statement. According to the author, currently, CalCode does not provide options for charitable organizations to legally donate or serve food unless they secure a full food facility (retail) permit. In some, but not all jurisdictions, non-potentially hazardous or shelf-stable food may be donated without permits. Local charitable food donors and regulators need flexibility in the law to allow for more food to be donated and served safely.
2. Comprehensive resource for food recovery programs. This bill limits CFOs to storage and distribution of either nonpotentially hazardous food, or the heating and portioning of commercially prepared foods. However, CFOs are also permitted to store and distribute commercially prepared and commercially packaged potentially hazardous cold or frozen foods, if they adhere to the most recent Comprehensive Resource for Food Recovery Programs, or another nationally recognized guidance resource approved by the local enforcement agency. The Comprehensive Resource for Food Recovery Programs is produced by the Conference for Food Protection, which is a non-profit organization that originated in 1971 to provide a formal process for members of industry, regulatory, academia, consumer and professional organizations provided equal input in the develop and modification of food safety guidance. The Comprehensive Resource for Food Recovery Programs, most recently update in April of 2016, is intended to assist all stakeholders involved in the recovery, distribution, or service of food to people who live their lives insecure about their next meal. It contains food safety procedures, guidance on monitoring programs, and guidance charts for assessment of foods on receipt, and other materials necessary to safely run a food donation program.
3. Food donation immunity. The federal Bill Emerson Good Samaritan Food Donation Act (Emerson Act) was enacted in 1996 to provide civil immunity protections to encourage food donation to nonprofit organizations. The Emerson Act states that no person should be subject to civil or criminal liability arising from the condition of apparently wholesome food or an apparently fit grocery product that is donated in good faith to a nonprofit organization for distribution to needy individuals, and provides this same protection to the nonprofit organizations that receive the food. The Emerson Act specifies that these immunity protections do not apply to an injury or death that results from an act or omission that constitutes gross negligence or intentional misconduct. However, the Emerson Act requires that donated food products meet all quality and labeling standards imposed by federal, state and local laws in order to qualify for the immunity provisions.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

SUPPORT: (Verified 8/24/18)

California Association of Environmental Health Administrators (source)

County of Santa Clara

OPPOSITION: (Verified 8/24/18)

Hunger Action Los Angeles

ARGUMENTS IN SUPPORT: The County of Santa Clara states in support that this bill provides clear direction and guidance to both the operators and local health departments. The County of Santa Clara states that one in eight Californians currently struggle with food insecurity, but under current law, charitable feeding organizations must comply with a complex set of food safety laws that limit their ability to provide food to those in need. As a result, some CFOs, such as food kitchens and food pantries, lack a viable permit option and operate without local health department permits. The County of Santa Clara states that this bill is an important step to address the problem of food insecurity while protecting public health, enhancing safety, and safeguarding the environment. Specifically, this bill creates a new category for CFOs that are limited to nonpotentially hazardous foods or reheating of commercially processed foods.

ARGUMENTS IN OPPOSITION: Hunger Action Los Angeles (HALA) writes that it is opposed to this bill unless amended. HALA states that several of the groups in its network are small, completely volunteer-run coalitions of concerned citizens who have taken it upon themselves to provide healthy cooked meals for homeless people and other low income people they encounter in their neighborhoods. HALA states there are several provisions that are direct operational restrictions on how these groups could operate and would affect food access across their network. Specifically, HALA states these groups do not have the time to register with a local enforcement agency, these groups pose little food safety risk and already follow strong private food safety practices, and that many of the groups are not affiliated with food banks and would be put in legal jeopardy by this bill. HALA states that these groups are filling a critical gap, and criminalizing their volunteerism will only add to the misery that the state itself is struggling to find the resources to address. HALA states we need more help for the homeless, not restrictions on help based on the fact they come from “unregistered” sources.

ASSEMBLY FLOOR: 74-0, 4/26/18

AYES: Acosta, Aguiar-Curry, Arambula, Baker, Berman, Bigelow, Bloom, Bonta, Brough, Burke, Caballero, Calderon, Carrillo, Cervantes, Chau, Chávez, Chen, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Dahle, Daly, Eggman, Flora, Frazier, Friedman, Gallagher, Eduardo Garcia, Gipson, Gloria, Gonzalez Fletcher, Gray, Grayson, Harper, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager-Dove, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Muratsuchi, Nazarian, Obernolte, O'Donnell, Patterson, Quirk, Quirk-Silva, Reyes, Rubio, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Voepel, Waldron, Weber, Wood, Rendon

NO VOTE RECORDED: Travis Allen, Fong, Cristina Garcia, Rodriguez

Prepared by:

8/27/18 19:32:29

**** END ****

 THIRD READING  

Bill No: AB 2178

Author:

Amended: 8/21/18 in Senate

Vote:

SENATE HEALTH COMMITTEE: 9-0, 6/27/18

AYES: Pan, Nguyen, Beall, Hernandez, Leyva, Mitchell, Monning, Nielsen, Roth

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

ASSEMBLY FLOOR: 74-0, 4/26/18 (Consent) - See last page for vote

SUBJECT:

SOURCE: California Association of Environmental Health Administrators

DIGEST:

This bill establishes a limited service charitable feeding operation as a new category of regulated food facility, whose food service is limited to storage and distribution of nonpotentially hazardous foods or commercially prepared or packaged hazardous foods, or limited service of commercially prepared foods, and exempts these charitable feeding operations from many, but not all, of the requirements that apply to other food facilities.

Senate Floor Amendments of 8/21/18 exempt a limited service charitable feeding operation that only stores and distributes whole, uncut produce, or prepackaged, nonpotentially hazardous foods, from the requirement to register with the local enforcement agency, regardless of whether or not it operates in conjunction with a permitted food bank.

ANALYSIS:

Existing law:

1. Establishes the California Retail Food Code (CalCode) to provide for the regulation of retail food facilities. Health and sanitation standards are established at the state level through the CalCode, while enforcement is charged to local agencies, carried out by the 58 county environmental health departments, and four city environmental health departments (Berkeley, Long Beach, Pasadena, and Vernon). [HSC §113700, et seq.]
2. Defines a “food facility” as an operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption at the retail level. Excludes various entities from the definition of a “food facility,” including a cottage food operation, and 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 no more than three days in any 90-day period. [HSC §113789]
3. Defines a “potentially hazardous food,” in part, as a food that requires time or temperature control to limit pathogenic micro-organism growth or toxin formation, and exempts certain foods, including food in an unopened, hermetically sealed container that is processed to achieve and maintain sterility under conditions of nonrefrigerated storage. Requires potentially hazardous food to be maintained at or above 135 degrees Fahrenheit, or at or below 41 degrees Fahrenheit. [HSC §113781]
4. Defines a “food bank” as a surplus food collection and distribution system operated and established to assist in bringing donated food to nonprofit charitable organizations and individuals for the purposes of reducing food hunger and supplying nutritional needs. [HSC §113783]
5. Defines “temporary food facility” as a food facility approved by the local enforcement agency that operates at a fixed location for the duration of an approved community event or at a swap meet. Defines “nonprofit charitable temporary food facility” as a temporary food facility that is conducted by a nonprofit charitable organization, or an established club or organization of students that operates under the authorization of a school or other educational facility. [HSC §113930, §113842]
6. Permits a person, gleaner, or food facility to donate food to a food bank or to any other nonprofit charitable organization for distribution to persons free of charge. Permits food facilities to donate food directly to end recipients for consumption. [HSC §114432]
7. Provides immunity to persons, gleaners, or food facilities that donate food from civil or criminal liability or penalty for violation of any laws regulating the labeling or packaging of the donated product, or with respect to any other law, for a violation occurring after the time of donation. [HSC §114433]
8. Provides nonprofit charitable organizations or food banks that, in good faith, receive and distribute food without charge with immunity from civil liability for an injury or death due to the food unless the injury or death is a direct result of the negligence, recklessness, or intentional misconduct of the organization. [CIV §1714.25]

This bill:

1. Adds “a limited service charitable feeding operation” (CFO) to the definition of a food facility for purposes of regulation under the CalCode, and prohibits a CFO from providing food service unless it has registered with the local enforcement agency by payment of a fee not to exceed the reasonable costs of administering and enforcing this bill, if a fee is imposed by the local enforcement agency.
2. Defines a CFO as an operation for food service to a consumer solely for providing charity, that is conducted by a nonprofit charitable organization, 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 service to the consumer; and,
   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.
3. Exempts from the definition of a CFO a nonprofit charitable temporary food facility, as specified under existing law, or a temporary food facility, as specified under existing law. However, requires a CFO to operate according to those laws if it operates a nonprofit charitable temporary food facility or a temporary food facility, respectively.
4. Requires a CFO, when registering with the local enforcement agency, to submit all of the following information:
   1. The name, physical address, Internet Web site, and telephone number of the nonprofit charitable organization conducting the CFO;
   2. The name and contact information of a site representative of the CFO; and,
   3. The operating days and hours of the CFO.
5. Exempts a CFO from having to register with the local enforcement agency if it only performs the functions in a) of paragraph 2) above, and additional exempts a CFO from having to register with the local enforcement agency if it only performs the functions in d) of paragraph 2) above as long as it operates in conjunction with a food bank that has a valid operating permit.
6. Requires the food bank, for purposes of the exemption for CFOs in 5) above, to ensure that the CFO is operating under a current agreement with the food bank and is compliant with the best management practice of the local enforcement agency. Requires the food bank, on at least an annual basis, or more frequently if requested by the local enforcement agency, to submit to the local enforcement agency a current list of the CFO operations that operate in conjunction with that food bank.
7. Exempts all CFOs from the requirements of the CalCode, with the exception of specified provisions, including the requirements:
   1. Provisions providing the local enforcement agency with responsibility for enforcement of the CalCode, including the ability to conduct inspections;
   2. Various requirements related to handwashing facilities, supplies, and procedures;
   3. Requirements related to protecting food from adulteration and spoilage, transporting the food in a safe manner and at required holding temperatures, and keeping the food preparation area free from contamination;
   4. Requirements related to washing produce;
   5. Time and temperature requirements related to maintaining and serving potentially hazardous food at safe levels;
   6. Requirements related to keeping frozen foods in their frozen state, or thawing according to specified procedures; and,
   7. Requirements related to obtaining food from approved sources, and ensuring egg and milk products are pasteurized.
8. Requires the CFO to comply with best management practices approved by the local enforcement agency, and limitations on the duration of food service, as determined by the local enforcement agency.
9. Permits a CFO to prepare and distribute food from a nonresidential building or structure that meets minimum structural and operating requirements as determined by the local enforcement agency.
10. Permits a CFO to 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. Limits food distributed under this provision to no more than four hours per day.
11. Specifies that nothing in this bill is intended to replace or supersede a permit for any food facility when required by the local enforcement agency pursuant to any other law.
12. Permits the local enforcement agency to recover the reasonable costs of investigation and enforcement of the CalCode from an entity, including a food facility or otherwise, that is subject to that investigation or enforcement under the CalCode.

Comments

1. Author’s statement. According to the author, currently, CalCode does not provide options for charitable organizations to legally donate or serve food unless they secure a full food facility (retail) permit. In some, but not all jurisdictions, non-potentially hazardous or shelf-stable food may be donated without permits. Local charitable food donors and regulators need flexibility in the law to allow for more food to be donated and served safely.
2. Comprehensive resource for food recovery programs. This bill limits CFOs to storage and distribution of either nonpotentially hazardous food, or the heating and portioning of commercially prepared foods. However, CFOs are also permitted to store and distribute commercially prepared and commercially packaged potentially hazardous cold or frozen foods, if they adhere to the most recent Comprehensive Resource for Food Recovery Programs, or another nationally recognized guidance resource approved by the local enforcement agency. The Comprehensive Resource for Food Recovery Programs is produced by the Conference for Food Protection, which is a non-profit organization that originated in 1971 to provide a formal process for members of industry, regulatory, academia, consumer and professional organizations provided equal input in the develop and modification of food safety guidance. The Comprehensive Resource for Food Recovery Programs, most recently update in April of 2016, is intended to assist all stakeholders involved in the recovery, distribution, or service of food to people who live their lives insecure about their next meal. It contains food safety procedures, guidance on monitoring programs, and guidance charts for assessment of foods on receipt, and other materials necessary to safely run a food donation program.
3. Food donation immunity. The federal Bill Emerson Good Samaritan Food Donation Act (Emerson Act) was enacted in 1996 to provide civil immunity protections to encourage food donation to nonprofit organizations. The Emerson Act states that no person should be subject to civil or criminal liability arising from the condition of apparently wholesome food or an apparently fit grocery product that is donated in good faith to a nonprofit organization for distribution to needy individuals, and provides this same protection to the nonprofit organizations that receive the food. The Emerson Act specifies that these immunity protections do not apply to an injury or death that results from an act or omission that constitutes gross negligence or intentional misconduct. However, the Emerson Act requires that donated food products meet all quality and labeling standards imposed by federal, state and local laws in order to qualify for the immunity provisions.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

SUPPORT: (Verified 8/22/18)

California Association of Environmental Health Administrators (source)

County of Santa Clara

OPPOSITION: (Verified 8/22/18)

Hunger Action Los Angeles

ARGUMENTS IN SUPPORT: The County of Santa Clara states in support that this bill provides clear direction and guidance to both the operators and local health departments. The County of Santa Clara states that one in eight Californians currently struggle with food insecurity, but under current law, charitable feeding organizations must comply with a complex set of food safety laws that limit their ability to provide food to those in need. As a result, some CFOs, such as food kitchens and food pantries, lack a viable permit option and operate without local health department permits. The County of Santa Clara states that this bill is an important step to address the problem of food insecurity while protecting public health, enhancing safety, and safeguarding the environment. Specifically, this bill creates a new category for CFOs that are limited to nonpotentially hazardous foods or reheating of commercially processed foods.

ARGUMENTS IN OPPOSITION: Hunger Action Los Angeles (HALA) writes that it is opposed to this bill unless amended. HALA states that several of the groups in its network are small, completely volunteer-run coalitions of concerned citizens who have taken it upon themselves to provide healthy cooked meals for homeless people and other low income people they encounter in their neighborhoods. HALA states there are several provisions that are direct operational restrictions on how these groups could operate and would affect food access across their network. Specifically, HALA states these groups do not have the time to register with a local enforcement agency, these groups pose little food safety risk and already follow strong private food safety practices, and that many of the groups are not affiliated with food banks and would be put in legal jeopardy by this bill. HALA states that these groups are filling a critical gap, and criminalizing their volunteerism will only add to the misery that the state itself is struggling to find the resources to address. HALA states we need more help for the homeless, not restrictions on help based on the fact they come from “unregistered” sources.

ASSEMBLY FLOOR: 74-0, 4/26/18

AYES: Acosta, Aguiar-Curry, Arambula, Baker, Berman, Bigelow, Bloom, Bonta, Brough, Burke, Caballero, Calderon, Carrillo, Cervantes, Chau, Chávez, Chen, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Dahle, Daly, Eggman, Flora, Frazier, Friedman, Gallagher, Eduardo Garcia, Gipson, Gloria, Gonzalez Fletcher, Gray, Grayson, Harper, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager-Dove, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Muratsuchi, Nazarian, Obernolte, O'Donnell, Patterson, Quirk, Quirk-Silva, Reyes, Rubio, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Voepel, Waldron, Weber, Wood, Rendon

NO VOTE RECORDED: Travis Allen, Fong, Cristina Garcia, Rodriguez

Prepared by:

8/22/18 14:31:36

**** END ****

 THIRD READING  

Bill No: AB 2178

Author:

Amended: 8/6/18 in Senate

Vote:

SENATE HEALTH COMMITTEE: 9-0, 6/27/18

AYES: Pan, Nguyen, Beall, Hernandez, Leyva, Mitchell, Monning, Nielsen, Roth

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

ASSEMBLY FLOOR: 74-0, 4/26/18 (Consent) - See last page for vote

SUBJECT:

SOURCE: California Association of Environmental Health Administrators

DIGEST:

This bill establishes a limited service charitable feeding operation as a new category of regulated food facility, whose food service is limited to storage and distribution of nonpotentially hazardous foods or commercially prepared or packaged hazardous foods, or limited service of commercially prepared foods, and exempts these charitable feeding operations from many, but not all, of the requirements that apply to other food facilities.

ANALYSIS:

Existing law:

1. Establishes the California Retail Food Code (CalCode) to provide for the regulation of retail food facilities. Health and sanitation standards are established at the state level through the CalCode, while enforcement is charged to local agencies, carried out by the 58 county environmental health departments, and four city environmental health departments (Berkeley, Long Beach, Pasadena, and Vernon). [HSC §113700, et seq.]
2. Defines a “food facility” as an operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption at the retail level. Excludes various entities from the definition of a “food facility,” including a cottage food operation, and 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 no more than three days in any 90-day period. [HSC §113789]
3. Defines a “potentially hazardous food,” in part, as a food that requires time or temperature control to limit pathogenic micro-organism growth or toxin formation, and exempts certain foods, including food in an unopened, hermetically sealed container that is processed to achieve and maintain sterility under conditions of nonrefrigerated storage. Requires potentially hazardous food to be maintained at or above 135 degrees Fahrenheit, or at or below 41 degrees Fahrenheit. [HSC §113781]
4. Defines a “food bank” as a surplus food collection and distribution system operated and established to assist in bringing donated food to nonprofit charitable organizations and individuals for the purposes of reducing food hunger and supplying nutritional needs. [HSC §113783]
5. Defines “temporary food facility” as a food facility approved by the local enforcement agency that operates at a fixed location for the duration of an approved community event or at a swap meet. Defines “nonprofit charitable temporary food facility” as a temporary food facility that is conducted by a nonprofit charitable organization, or an established club or organization of students that operates under the authorization of a school or other educational facility. [HSC §113930, §113842]
6. Permits a person, gleaner, or food facility to donate food to a food bank or to any other nonprofit charitable organization for distribution to persons free of charge. Permits food facilities to donate food directly to end recipients for consumption. [HSC §114432]
7. Provides immunity to persons, gleaners, or food facilities that donate food from civil or criminal liability or penalty for violation of any laws regulating the labeling or packaging of the donated product, or with respect to any other law, for a violation occurring after the time of donation. [HSC §114433]
8. Provides nonprofit charitable organizations or food banks that, in good faith, receive and distribute food without charge with immunity from civil liability for an injury or death due to the food unless the injury or death is a direct result of the negligence, recklessness, or intentional misconduct of the organization. [CIV §1714.25]

This bill:

1. Adds “a limited service charitable feeding operation” (CFO) to the definition of a food facility for purposes of regulation under the CalCode, and prohibits a CFO from providing food service unless it has registered with the local enforcement agency by payment of a fee not to exceed the reasonable costs of administering and enforcing this bill, if a fee is imposed by the local enforcement agency.
2. Defines a CFO as an operation for food service to a consumer solely for providing charity, that is conducted by a nonprofit charitable organization, 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 service to the consumer; and,
   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.
3. Exempts from the definition of a CFO a nonprofit charitable temporary food facility, as specified under existing law, or a temporary food facility, as specified under existing law. However, requires a CFO to operate according to those laws if it operates a nonprofit charitable temporary food facility or a temporary food facility, respectively.
4. Requires a CFO, when registering with the local enforcement agency, to submit all of the following information:
   1. The name, physical address, Internet Web site, and telephone number of the nonprofit charitable organization conducting the CFO;
   2. The name and contact information of a site representative of the CFO; and,
   3. The operating days and hours of the CFO.
5. Exempts a CFO from having to register with the local enforcement agency if it operates in conjunction with a food back that has a valid operating permit, and that is limited to the functions in a) and d) of paragraph 2) above.
6. Requires the food bank, for purposes of the exemption for CFOs in 5) above, to ensure that the CFO is operating under a current agreement with the food bank and is compliant with the best management practice of the local enforcement agency. Requires the food bank, on at least an annual basis, or more frequently if requested by the local enforcement agency, to submit to the local enforcement agency a current list of the CFO operations that operate in conjunction with that food bank.
7. Exempts all CFOs from the requirements of the CalCode, with the exception of specified provisions, including the requirements:
   1. Provisions providing the local enforcement agency with responsibility for enforcement of the CalCode, including the ability to conduct inspections;
   2. Various requirements related to handwashing facilities, supplies, and procedures;
   3. Requirements related to protecting food from adulteration and spoilage, transporting the food in a safe manner and at required holding temperatures, and keeping the food preparation area free from contamination;
   4. Requirements related to washing produce;
   5. Time and temperature requirements related to maintaining and serving potentially hazardous food at safe levels;
   6. Requirements related to keeping frozen foods in their frozen state, or thawing according to specified procedures; and,
   7. Requirements related to obtaining food from approved sources, and ensuring egg and milk products are pasteurized.
8. Requires the CFO to comply with best management practices approved by the local enforcement agency, and limitations on the duration of food service, as determined by the local enforcement agency.
9. Permits a CFO to prepare and distribute food from a nonresidential building or structure that meets minimum structural and operating requirements as determined by the local enforcement agency.
10. Permits a CFO to 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. Limits food distributed under this provision to no more than four hours per day.
11. Specifies that nothing in this bill is intended to replace or supersede a permit for any food facility when required by the local enforcement agency pursuant to any other law.
12. Permits the local enforcement agency to recover the reasonable costs of investigation and enforcement of the CalCode from an entity, including a food facility or otherwise, that is subject to that investigation or enforcement under the CalCode.

Comments

1. Author’s statement. According to the author, currently, CalCode does not provide options for charitable organizations to legally donate or serve food unless they secure a full food facility (retail) permit. In some, but not all jurisdictions, non-potentially hazardous or shelf-stable food may be donated without permits. Local charitable food donors and regulators need flexibility in the law to allow for more food to be donated and served safely.
2. Comprehensive resource for food recovery programs. This bill limits CFOs to storage and distribution of either nonpotentially hazardous food, or the heating and portioning of commercially prepared foods. However, CFOs are also permitted to store and distribute commercially prepared and commercially packaged potentially hazardous cold or frozen foods, if they adhere to the most recent Comprehensive Resource for Food Recovery Programs, or another nationally recognized guidance resource approved by the local enforcement agency. The Comprehensive Resource for Food Recovery Programs is produced by the Conference for Food Protection, which is a non-profit organization that originated in 1971 to provide a formal process for members of industry, regulatory, academia, consumer and professional organizations provided equal input in the develop and modification of food safety guidance. The Comprehensive Resource for Food Recovery Programs, most recently update in April of 2016, is intended to assist all stakeholders involved in the recovery, distribution, or service of food to people who live their lives insecure about their next meal. It contains food safety procedures, guidance on monitoring programs, and guidance charts for assessment of foods on receipt, and other materials necessary to safely run a food donation program.
3. Food donation immunity. The federal Bill Emerson Good Samaritan Food Donation Act (Emerson Act) was enacted in 1996 to provide civil immunity protections to encourage food donation to nonprofit organizations. The Emerson Act states that no person should be subject to civil or criminal liability arising from the condition of apparently wholesome food or an apparently fit grocery product that is donated in good faith to a nonprofit organization for distribution to needy individuals, and provides this same protection to the nonprofit organizations that receive the food. The Emerson Act specifies that these immunity protections do not apply to an injury or death that results from an act or omission that constitutes gross negligence or intentional misconduct. However, the Emerson Act requires that donated food products meet all quality and labeling standards imposed by federal, state and local laws in order to qualify for the immunity provisions.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

SUPPORT: (Verified 8/2/18)

California Association of Environmental Health Administrators (source)

County of Santa Clara

OPPOSITION: (Verified 8/2/18)

Hunger Action Los Angeles

ARGUMENTS IN SUPPORT: The County of Santa Clara states in support that this bill provides clear direction and guidance to both the operators and local health departments. The County of Santa Clara states that one in eight Californians currently struggle with food insecurity, but under current law, charitable feeding organizations must comply with a complex set of food safety laws that limit their ability to provide food to those in need. As a result, some CFOs, such as food kitchens and food pantries, lack a viable permit option and operate without local health department permits. The County of Santa Clara states that this bill is an important step to address the problem of food insecurity while protecting public health, enhancing safety, and safeguarding the environment. Specifically, this bill creates a new category for CFOs that are limited to nonpotentially hazardous foods or reheating of commercially processed foods.

ARGUMENTS IN OPPOSITION: Hunger Action Los Angeles (HALA) writes that it is opposed to this bill unless amended. HALA states that several of the groups in its network are small, completely volunteer-run coalitions of concerned citizens who have taken it upon themselves to provide healthy cooked meals for homeless people and other low income people they encounter in their neighborhoods. HALA states there are several provisions that are direct operational restrictions on how these groups could operate and would affect food access across their network. Specifically, HALA states these groups do not have the time to register with a local enforcement agency, these groups pose little food safety risk and already follow strong private food safety practices, and that many of the groups are not affiliated with food banks and would be put in legal jeopardy by this bill. HALA states that these groups are filling a critical gap, and criminalizing their volunteerism will only add to the misery that the state itself is struggling to find the resources to address. HALA states we need more help for the homeless, not restrictions on help based on the fact they come from “unregistered” sources.

ASSEMBLY FLOOR: 74-0, 4/26/18

AYES: Acosta, Aguiar-Curry, Arambula, Baker, Berman, Bigelow, Bloom, Bonta, Brough, Burke, Caballero, Calderon, Carrillo, Cervantes, Chau, Chávez, Chen, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Dahle, Daly, Eggman, Flora, Frazier, Friedman, Gallagher, Eduardo Garcia, Gipson, Gloria, Gonzalez Fletcher, Gray, Grayson, Harper, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager-Dove, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Muratsuchi, Nazarian, Obernolte, O'Donnell, Patterson, Quirk, Quirk-Silva, Reyes, Rubio, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Voepel, Waldron, Weber, Wood, Rendon

NO VOTE RECORDED: Travis Allen, Fong, Cristina Garcia, Rodriguez

Prepared by:

8/8/18 12:51:26

**** END ****

SENATE COMMITTEE ON HEALTH

Senator Dr. Richard Pan, Chair

BILL NO: AB 2178

SUBJECT: Limited service charitable feeding operation

SUMMARY:

Establishes a limited service charitable feeding operation as a new category of regulated food facility, whose food service is limited to storage and distribution of nonpotentially hazardous foods or commercially prepared or packaged hazardous foods, or limited service of commercially prepared foods, and exempts these charitable feeding operations from many, but not all, of the requirements that apply to other food facilities.

Existing law:

1. Establishes the California Retail Food Code (CalCode) to provide for the regulation of retail food facilities. Health and sanitation standards are established at the state level through the CalCode, while enforcement is charged to local agencies, carried out by the 58 county environmental health departments, and four city environmental health departments (Berkeley, Long Beach, Pasadena, and Vernon). [HSC §113700, et seq.]
2. Defines a “food facility” as an operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption at the retail level. Excludes various entities from the definition of a “food facility,” including a cottage food operation, and 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 no more than three days in any 90 day period. [HSC §113789]
3. Defines a “potentially hazardous food,” in part, as a food that requires time or temperature control to limit pathogenic micro-organism growth or toxin formation, and exempts certain foods, including food in an unopened, hermetically sealed container that is processed to achieve and maintain sterility under conditions of nonrefrigerated storage. Requires potentially hazardous food to be maintained at or above 135 degrees Fahrenheit, or at or below 41 degrees Fahrenheit. [HSC §113781]
4. Defines a “food bank” as a surplus food collection and distribution system operated and established to assist in bringing donated food to nonprofit charitable organizations and individuals for the purposes of reducing food hunger and supplying nutritional needs. [HSC §113783]
5. Defines “temporary food facility” as a food facility approved by the local enforcement agency that operates at a fixed location for the duration of an approved community event or at a swap meet. Defines “nonprofit charitable temporary food facility” as a temporary food facility that is conducted by a nonprofit charitable organization, or an established club or organization of students that operates under the authorization of a school or other educational facility. [HSC §113930, §113842]
6. Permits a person, gleaner, or food facility to donate food to a food bank or to any other nonprofit charitable organization for distribution to persons free of charge. Permits food facilities to donate food directly to end recipients for consumption. [HSC §114432]
7. Provides immunity to persons, gleaners, or food facilities that donate food from civil or criminal liability or penalty for violation of any laws regulating the labeling or packaging of the donated product, or with respect to any other law, for a violation occurring after the time of donation. [HSC §114433]
8. Provides nonprofit charitable organizations or food banks that, in good faith, receive and distribute food without charge with immunity from civil liability for an injury or death due to the food unless the injury or death is a direct result of the negligence, recklessness, or intentional misconduct of the organization. [CIV §1714.25]

This bill:

1. Adds “a limited service charitable feeding operation” (CFO) to the definition of a food facility for purposes of regulation under the CalCode, and prohibits a CFO from providing food service unless it has registered with the local enforcement agency by payment of a fee not to exceed the reasonable costs of administering and enforcing this bill, if a fee is imposed by the local enforcement agency.
2. Defines a CFO as an operation for food service to a consumer solely for providing charity, that is conducted by a nonprofit charitable organization, 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 service to the consumer; and,
   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.
3. Exempts from the definition of a CFO a nonprofit charitable temporary food facility, as specified under existing law, or a temporary food facility, as specified under existing law. However, requires a CFO to operate according to those laws if it operates a nonprofit charitable temporary food facility or a temporary food facility, respectively.
4. Requires a CFO, when registering with the local enforcement agency, to submit all of the following information:
   1. The name, physical address, Internet Web site, and telephone number of the nonprofit charitable organization conducting the CFO;
   2. The name and contact information of a site representative of the CFO; and,
   3. The operating days and hours of the CFO.
5. Exempts a CFO from having to register with the local enforcement agency if it operates in conjunction with a food back that has a valid operating permit, and that is limited to the functions in a) and d) of paragraph 2) above. Exempts these CFOs from the requirement to follow best management practices as approved by the local enforcement agency.
6. Requires the food bank, for purposes of the exemption for CFOs in 5) above, to ensure that the CFO is operating under a current agreement with the food bank and is compliant with the best management practice of the local enforcement agency. Requires the food bank, on at least an annual basis, or more frequently if requested by the local enforcement agency, to submit to the local enforcement agency a current list of the CFO operations that operate in conjunction with that food bank.
7. Exempts all CFOs from the requirements of the CalCode, with the exception of specified provisions, including the requirements:
   1. Provisions providing the local enforcement agency with responsibility for enforcement of the CalCode, including the ability to conduct inspections;
   2. Various requirements related to handwashing facilities, supplies, and procedures;
   3. Requirements related to protecting food from adulteration and spoilage, transporting the food in a safe manner and at required holding temperatures, and keeping the food preparation area free from contamination;
   4. Requirements related to washing produce;
   5. Time and temperature requirements related to maintaining and serving potentially hazardous food at safe levels;
   6. Requirements related to keeping frozen foods in their frozen state, or thawing according to specified procedures; and,
   7. Requirements related to obtaining food from approved sources, and ensuring egg and milk products are pasteurized.
8. Requires the CFO to comply with best management practices approved by the local enforcement agency, and limitations on the duration of food service, as determined by the local enforcement agency.
9. Permits a CFO to prepare and distribute food from a nonresidential building or structure that meets minimum structural and operating requirements as determined by the local enforcement agency.
10. Permits a CFO to 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. Limits food distributed under this provision to no more than four hours per day.
11. Specifies that nothing in this bill is intended to replace or supersede a permit for any food facility when required by the local enforcement agency pursuant to any other law.
12. Permits the local enforcement agency to recover the reasonable costs of investigation and enforcement of the CalCode from an entity, including a food facility or otherwise, that is subject to that investigation or enforcement under the CalCode.

FISCAL EFFECT:

According to the Assembly Appropriations Committee: Negligible state costs. This program will be enforced by county environmental health programs and can be funded by local permit fees.

PRIOR VOTES:

COMMENTS:

1. Author’s statement. According to the author, currently, CalCode does not provide options for charitable organizations to legally donate or serve food unless they secure a full food facility (retail) permit. In some, but not all jurisdictions, non-potentially hazardous or shelf-stable food may be donated without permits. Local charitable food donors and regulators need flexibility in the law to allow for more food to be donated and served safely.
2. Comprehensive resource for food recovery programs. This bill limits CFOs to storage and distribution of either nonpotentially hazardous food, or the heating and portioning of commercially prepared foods. However, CFOs are also permitted to store and distribute commercially prepared and commercially packaged potentially hazardous cold or frozen foods, if they adhere to the most recent Comprehensive Resource for Food Recovery Programs, or another nationally recognized guidance resource approved by the local enforcement agency. The Comprehensive Resource for Food Recovery Programs is produced by the Conference for Food Protection, which is a non-profit organization that originated in 1971 to provide a formal process for members of industry, regulatory, academia, consumer and professional organizations provided equal input in the develop and modification of food safety guidance. The Comprehensive Resource for Food Recovery Programs, most recently update in April of 2016, is intended to assist all stakeholders involved in the recovery, distribution, or service of food to people who live their lives insecure about their next meal. It contains food safety procedures, guidance on monitoring programs, and guidance charts for assessment of foods on receipt, and other materials necessary to safely run a food donation program.
3. Food donation immunity. The federal Bill Emerson Good Samaritan Food Donation Act (Emerson Act) was enacted in 1996 to provide civil immunity protections to encourage food donation to nonprofit organizations. The Emerson Act states that no person should be subject to civil or criminal liability arising from the condition of apparently wholesome food or an apparently fit grocery product that is donated in good faith to a nonprofit organization for distribution to needy individuals, and provides this same protection to the nonprofit organizations that receive the food. The Emerson Act specifies that these immunity protections do not apply to an injury or death that results from an act or omission that constitutes gross negligence or intentional misconduct. However, the Emerson Act requires that donated food products meet all quality and labeling standards imposed by federal, state and local laws in order to qualify for the immunity provisions. According to the Public Health Law Center, the federal Department of Justice has interpreted the Emerson Act as partially preempting state laws by a setting a base floor of liability protection, while the states are free to offer higher levels of liability protection.
4. Related legislation. AB 2524 (Wood) enacts a regulatory structure, within the provisions of law governing retail food facilities, for a catering operation, as well as for a host facility that supports a catering operation. Defines a catering operation as a food service conducted by a permanent food facility at a location other than its permitted location as part of a contracted offsite food service event, or when operating in conjunction with a host facility with direct food sales. Defines a host facility as a facility located in a brewery, winery, or commercial office building that is approved by the local enforcement agency to support a catering operation. AB 2524 was held on the Senate Appropriations Committee suspense file.
   
   AB 626 (Garcia) Establishes “microenterprise home kitchens (MHKs)” as a new category of retail food facility, that cities or counties would have discretion to authorize and permit, to be operated by a resident in a private home, subject to specified requirements. Subjects MHKs to the requirements of a restricted food service facility, with numerous exemptions from these requirements primarily to accommodate the differences between a home kitchen and a commercial kitchen. Limits MHKs to selling food directly to consumers, but specifies that the sale of food through an Internet food service intermediary is considered a direct sale to consumers, and establishes requirements on these intermediaries. AB 626 passed the Senate Health Committee by a vote of 7-0 on June 20, 2018.
5. Prior legislation. AB 1616 (Gatto of 2012) enacted the California Homemade Food Act, also known as the cottage food bill, which provided a regulatory structure to allow the production and sale of nonpotentially hazardous food in a home kitchen.

SB 144 (Runner, Chapter 23, Statutes of 2006) established the CalCode in order to create uniformity between California's retail food safety laws and those of other states, as well as to enhance food safety laws based on the best available science.

1. Support. The County of Santa Clara states in support that this bill would provide clear direction and guidance to both the operators and local health departments. The County of Santa Clara states that one in eight Californians currently struggle with food insecurity, but under current law, charitable feeding organizations must comply with a complex set of food safety laws that limit their ability to provide food to those in need. As a result, some charitable feeding operations, such as food kitchens and food pantries, lack a viable permit option and operate without local health department permits. The County of Santa Clara states that this bill is an important step to address the problem of food insecurity while protecting public health, enhancing safety, and safeguarding the environment. Specifically, this bill would create a new category for CFCs that are limited to nonpotentially hazardous foods or reheating of commercially processed foods.
2. Oppose unless amended. Hunger Action Los Angeles (HALA) writes that it is opposed to this bill unless amended. HALA states that several of the groups in its network are small, completely volunteer-run coalitions of concerned citizens who have taken it upon themselves to provide healthy cooked meals for homeless people and other low income people they encounter in their neighborhoods. HALA states there are several provisions that are direct operational restrictions on how these groups could operate and would affect food access across their network. Specifically, HALA states these groups do not have the time to register with a local enforcement agency, these groups pose little food safety risk and already follow strong private food safety practices, and that many of the groups not are affiliated with food banks and would be put in legal jeopardy by the bill as written. HALA states that these groups are filling a critical gap, and criminalizing their volunteerism will only add to the misery that the state itself is struggling to find the resources to address. HALA states we need more help for the homeless, not restrictions on help based on the fact they come from “unregistered” sources.
3. Technical amendment. This bill exempts some CFOs from the requirement to adhere to best management practices. According to the author, this was inadvertent, so on page 8, line 36, the following should be deleted: “and paragraph (5) of subdivision (d).”

SUPPORT AND OPPOSITION:

Support: California Association of Environmental Health Administrators (sponsor)

County of Santa Clara

Oppose: Hunger Action Los Angeles (unless amended)

-- END --

Date of Hearing: April 18, 2018

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez Fletcher, Chair

ABPCA Bill Id:AB 2178

Author:(Limón) – As Amended Ver:April 2, 2018

Urgency: No State Mandated Local Program: Yes Reimbursable: No

SUMMARY:

This bill creates a new regulatory category of food facility called "Limited Service Charitable Feeding Operation," a food service operation whose purpose is to feed food-insecure individuals and that prepares and serves food in a manner that poses a low risk of foodborne illness, as specified, and requires these operations to register with local enforcement agencies and follow sanitation and food safety standards.

FISCAL EFFECT:

Negligible state costs. This program will be enforced by county environmental health programs and can be funded by local permit fees.

COMMENTS:

1. Purpose. According to the author, this bill provides greater regulatory clarity and flexibility for non-profit limited service charitable feeding operations. The author argues this bill provides clear direction and guidance to both the operators and local health departments in order to protect public health. This bill is sponsored by the California Association of Environmental Health Administrators and has no opposition.
2. Background. The California Retail Food Code, under the jurisdiction of the California Department of Public Health, governs food safety in the state. Retail food facilities, including restaurants, are regulated locally by county environmental health departments.

Analysis Prepared by: Lisa Murawski / APPR. / (916) 319-2081

Date of Hearing: April 10, 2018

ASSEMBLY COMMITTEE ON HEALTH

Jim Wood, Chair

ABPCA Bill Id:AB 2178

Author:(Limón) – As Amended Ver:April 2, 2018

SUBJECT: Limited service charitable feeding operation.

SUMMARY: Expands the definition of a food facility to include a limited service charitable feeding operation whose purpose is to feed food-insecure individuals and requires limited service charitable feeding operations to register with the local enforcement agency. Specifically, this bill:

1. Defines a limited service charitable feeding operation as a food operation whose purpose is to feed food-insecure individuals and that does any of the following:
   1. 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;
   2. Food warming of commercially prepacked food; and,
   3. Offering only commercially prepacked prepared cold food.
2. Requires limited service charitable feeding operations to adhere to general food safety requirements, best management practices, sanitation standards, and to all applicable local land use and zoning ordinances or regulations.
3. Authorizes the local enforcement agency to temporary 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.

EXISTING LAW:

1. Establishes the California Retail Food Code (CRFC), which governs all aspects of retail food safety and sanitation in California. Establishes primary responsibility for enforcement of the CRFC with local enforcement agencies.
2. Defines a food facility as 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; and,
   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.
3. Exempts the following from the definition of a food facility that occurs not more than three days in a 90-day period:
   1. For-profit entity that gives or sells food at any event if the for-profit entity receives no monetary benefit; and,
   2. Church, private club, or nonprofit association that gives or sells food to its members and guests, and not to the general public.
4. Defines “potentially hazardous food” as a food that requires time or temperature control to limit pathogenic micro-organism growth or toxin formation. Requires potentially hazardous food to be maintained at or above 135 degrees Fahrenheit, or at or below 41 degrees Fahrenheit.
5. Provides nonprofit charitable organizations or food banks that, in good faith, receive and distribute food without charge, with immunity from civil liability for an injury or death due to the food unless the injury or death is a direct result of the negligence, recklessness, or intentional misconduct of the organization.

FISCAL EFFECT: This bill has not yet been analyzed by a fiscal committee.

COMMENTS:

1. PURPOSE OF THIS BILL. According to the author, this bill provides greater regulatory clarity and flexibility for non-profit limited service charitable feeding operations. The author argues this bill provides clear direction and guidance to both the operators and local health departments in order to protect public health.
2. BACKGROUND. According to the United States Department of Agriculture (USDA), food-insecure households are those in which, at times during the year, the food-intake of a household member is reduced and their normal eating patterns are disrupted because the household lacks money and other resources for food. Food-insecure households include those with low food security and very low food security. The USDA reports that, in 2016, 41.2 million people lived in food-insecure households; and 6.5 million children lived in food-insecure households in which children, along with adults, were food insecure. The prevalence of food insecurity varies considerably when factoring in race, ethnicity, and household situations, 31.6% of households with children headed by a single woman are food insecure, 22.5% of Black and 18.5 % of Hispanic households are food insecure. The USDA administers 15 domestic food and nutrition assistance programs that aid in securing food for children and low-income adults. Despite this national effort according to the California Food Banks Association, one in eight Californians currently struggle with food insecurity and one in five children in California struggle with hunger. The CRFC is patterned after the federal Food and Drug Administration’s (FDA’s) Food Code, which is a model for local, state, and federal jurisdictions that are responsible for ensuring food safety. According to the FDA, the Food Code represents FDA’s best advice, updated every four years, for a uniform system of provisions that address the safety and protection of food offered at retail and in food service. Charitable feeding operations are currently restricted to only giving food three days in a 90-day period. If charitable feeding operations would want to operate more than the time allotted, they are required to register as a food facility and comply with all regulations. This bill allows limited service charitable feeding operations to operate as frequently as they wish while following the specified requirements.
3. SUPPORT. California Association of Environmental Health Administrators (CAEHA) states this bill would create a new category for limited service charitable feeding operations that are limited to non-potentially hazardous foods or reheating of commercially processed potentially hazardous foods for single day serving. According to CAEHA, these operations would be required to register with the appropriate local enforcement agency and adhere to general food safety provisions, training, and best management practices to ensure food safety. CAEHA concludes this bill would give local enforcement agencies additional flexibility when working with charitable feeding organizations that wish to feed the needy, but do not have access to a full service, permitted commercial kitchen.
4. RELATED LEGISLATION.
   1. AB 626 (Eduardo Garcia) would expand the definition of food facility to include a microenterprise home kitchen operation. AB 626 passed the Assembly Health Committee with a vote of 11-0 on April 25, 2017 and is currently pending in the Senate Health Committee.
   2. AB 2212 (Ting) would expand the definition of retail referring to food to include a subscription-based meal delivery service that provides customer with recipes and ingredients to be prepared at home. AB 2212 is pending in the Assembly Health Committee.
   3. AB 2524 (Wood) would expand the definition of a food facility to include catering operations and host facilities. AB 2524 is currently pending in the Assembly Health Committee.
5. PREVIOUS LEGISLATION.
   1. AB 1219 (Eggman), Chapter 619, Statutes 2017, authorizes a person or gleaner to donate food to a food bank or to a nonprofit charitable organization and exempt the individual from civil or criminal liability relating to the donated food.
   2. SB 557 (Hernandez), Chapter 285, Statutes 2017, requires the State Department of Education to update specified guidelines on the donation of leftover food.
   3. AB 323 (Berman), Chapter 68, Statutes 2017, enacts the County Human Services Information and Referral Modernization Act of 2017 which authorizes a county human services agency to refer a CalFresh applicant or recipient to the 2-1-1 dial code to access information on emergency food providers and supplemental food assistance providers.
6. PENDING ISSUES. This bill would require limited service charitable feeding operations to adhere to general food safety requirements, where applicable, and pursuant to best management practices identified by the local enforcement agency. These provisions could have the unintended consequence of permitting inconsistent food safety requirements in different local jurisdictions. The author has committed to working with the Committee on addressing this issue as this bill moves forward.
7. SUGGESTED CLARIFICATION. This bill permits small volume cooking, under certain specifications, in limited service charitable feeding operations. However, there is no definition of small volume in CRFC. The author may wish to include a definition of this term.

REGISTERED SUPPORT / OPPOSITION:

Support

California Association of Environmental Health Administrators (sponsor)

Santa Clara County-Board of Supervisors

Opposition

None on file.

Analysis Prepared by: Monica Montano / HEALTH / (916) 319-2097