AB 2909: Poultry producers: small-scale producers and California Retail Food Code.

(1)Existing federal law, the Poultry Products Inspection Act, generally regulates the slaughtering, processing, and labeling of poultry products and exempts certain poultry producers that slaughter or process less than a specified amount of poultry from its provisions. Existing state law authorizes the Secretary of Food and Agriculture to adopt by regulation standards and requirements equal to those of the federal Poultry Products Inspection Act, including, but not limited to, standards and requirements for inspection, sanitation, reinspection, preparation, processing, buying, selling, transporting, storing, identification, recordkeeping, registration, and labeling.

Existing state law prohibits a person from operating a poultry plant unless the person has obtained a license from the secretary. Existing state law generally regulates the inspection of poultry plant sanitation and poultry products for wholesomeness. Existing state law prohibits poultry meat, which includes domesticated fowl and rabbit, from being packed, repacked, cut up, recut, or sold unless each container or each carcass is marked in a specified manner. Existing state law requires poultry meat inspectors to inspect and classify poultry meat, poultry meat product, and poultry meat food product as either wholesome, retained for further inspection, or condemned for human food.

This bill, on or before January 1, 2020, would require the Department of Food and Agriculture to create a registration system for small-scale producers, as defined, that are eligible for a specified exemption from the federal Poultry Products Inspection Act. Under the bill, a registered small-scale producer would be considered subject to alternative regulatory provisions, as specified, in lieu of the above-described generally applicable poultry plant sanitation and poultry product inspection provisions. The bill would require the registration system to include, at a minimum, a declaration by a small-scale producer, as a part of registration, to submit an affidavit, under penalty of perjury, declaring the producer regarding the producers eligibility for the federal exemption. knowledgeability and intention to slaughter or process poultry meat in accordance with good practices for poultry meat food products, and verification of that declaration by a licensed poultry meat inspector who is trained in humane methods of handling and slaughter of poultry. By creating a new crime, imposing new requirements, the violation of which would be a crime under existing law, this bill would impose a state-mandated local program. The bill would authorize the department to include in the registration system a registration fee, to be deposited into the Small-Scale Poultry Producer Account within the Department of Food and Agriculture Fund, which account would be created by the bill. Moneys in the account would be continuously appropriated to the department to implement, administer, and enforce these new regulatory provisions. The bill would also require the department to post on its Internet Web site information regarding humane methods of handling and slaughter of poultry and safety information for small-scale producers, as specified.

The bill would apply the federal exemption described above to a registered small-scale producer in the same manner as applied in the federal act and would authorize a registered small-scale producer to sell poultry meat within the state to the same entities permitted by the federal exemption, as specified. The bill would vest primary responsibility of enforcement with county agricultural commissioners. By imposing additional duties on local officials, this bill would impose a state-mandated local program.

(2)Existing law, the California Retail Food Code, establishes food safety requirements on retail food facilities, as defined, and requires food to be obtained from approved sources, as defined. Existing law provides for the enforcement of the California Retail Food Code by enforcement officers, as defined.

This bill would deem poultry meat received from a small-scale producer registered pursuant to the provisions described in paragraph (1) to be from an approved source. The bill would authorize enforcement officers to enter and inspect the premises of a registered small-scale producer in response to a public food safety complaint, and would authorize the enforcement officer to recover reasonable costs associated with that inspection from that producer.

(3)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.

With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.