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EXHIBIT B
<br /> Assembly Bill No. 1616
<br /> CHAPTER 415
<br /> An act to add Chapter 6.1 (commencing with Section 51035)to Part 1 of
<br /> Division 1 of Title 5 of the Government Code, and to amend Sections
<br /> 109947, 110050, 110460, 111955, 113789, 113851, 114021, 114023,
<br /> 114390, 114405, and 114409 of, to add Sections 113758 and 114088 to,
<br /> and to add Chapter 11.5 (commencing with Section 114365) to Part 7 of
<br /> Division 104 of,the Health and Safety Code,relating to food safety.
<br /> [Approved by Governor September 21,2012.Filed with
<br /> Secretary of State September 21,2012.]
<br /> LEGISLATIVE COUNSEL'S DIGEST
<br /> AB 1616,Gatto.Food safety: cottage food operations.
<br /> Existing law, the Sherman Food, Drug, and Cosmetic Law (Sherman
<br /> Law), requires the State Department of Public Health to regulate the
<br /> manufacture,sale,labeling,and advertising activities related to food,drugs,
<br /> devices, and cosmetics in conformity with the Federal Food, Drug, and
<br /> Cosmetic Act. The Sherman Law makes it unlawful to manufacture, sell,
<br /> deliver, hold, or offer for sale any food that is misbranded. Food is
<br /> misbranded if its labeling does not conform to specified federal labeling
<br /> requirements regarding nutrition,nutrient content or health claims,and food
<br /> allergens.Violation of this law is a misdemeanor.
<br /> The existing California Retail Food Code provides for the regulation of
<br /> health and sanitation standards for retail food facilities, as defined, by the
<br /> State Department of Public Health.Under existing law,local health agencies
<br /> are primarily responsible for enforcing the California Retail Food Code.
<br /> That law exempts private homes from the definition of a food facility, and
<br /> prohibits food stored or prepared in a private home from being used or
<br /> offered for sale in a food facility.That law also requires food that is offered
<br /> for human consumption to be honestly presented,as specified.A violation
<br /> of these provisions is a misdemeanor.
<br /> This bill would include a cottage food operation, as defined, that is
<br /> registered or has a permit within the private home exemption of the
<br /> California Retail Food Code. The bill would also exclude a cottage food
<br /> operation from specified food processing establishment and Sherman Law
<br /> requirements. This bill would require a cottage food operation to meet
<br /> specified requirements relating to training,sanitation,preparation,labeling,
<br /> and permissible types of sales and would subject a cottage food operation
<br /> to inspections under specified circumstances.The bill would require a food
<br /> facility that serves a cottage food product without packaging or labeling to
<br /> identify it as homemade.The bill would establish various zoning and permit
<br /> requirements relating to cottage food operations.
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