HomeMy WebLinkAbout2019-05-28 - AGENDA REPORTS - STATE LEGISLATION: AB 377 (2)Agenda Item: 3
DATE: May 28, 2019
SUBJECT: STATE LEGISLATION: ASSEMBLY BILL 377
DEPARTMENT: City Manager's Office
PRESENTER: Masis Hagobian
RECOMMENDED ACTION
City Council adopt the City Council Legislative Committee recommendation to oppose
Assembly Bill 377 (Garcia) and transmit position statements to Assembly Member Garcia, Santa
Clarita's state legislative delegation, appropriate legislative committees, Governor Newsom, and
the League of California Cities.
BACKGROUND
Authored by Assembly Member Eduardo Garcia (D -56 -Coachella), Assembly Bill 377 preempts
local land use authority related to microenterprise home kitchen operations (MEHKO).
For the purpose of this staff summary, MEHKO means a food facility that is operated by a
resident in a private home where food is stored, handled, and prepared for, and may be sold to,
consumers. Individuals may consume the food at the MEHKO residential site, pick-up the food,
or have the food delivered.
Assembly Bill 1616, Chapter 415, Statutes of 2012, preempts local authority and allows for
certain food products to be made and sold from a resident's private home. The statute includes a
specific list of food products authorized under the law that can be made and sold to consumers
including:
• Baked goods without cream, custard or meat fillings, such as breads, biscuits, cookies,
and pastries;
• Candy, such as brittle and toffee;
• Chocolate -covered nonperishable foods, such as nuts and dried fruit;
• Honey; and
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• Roasted coffee and dried tea
During the 2018 Legislative Year, Assembly Bill 626, Chapter 470, Statutes of 2018, established
MEHKO as a new category of retail food facilities and expanded the state's preemption of local
authority of residential -retail food facilities. This 2018 statute allows for consumers to eat at the
residential site operating a MEHKO and does not prohibit any food products from being made or
sold as part of MEHKO.
However, as enacted, Assembly Bill 626, Chapter 470, Statutes of 2018, is ambiguous as to
whether cities or counties have ultimate authority over the permitting of MEHKO. The current
statute states that cities and counties have "full discretion" to authorize the permitting of
MEHKO. However, the statute also includes a provision that a county's permitting of MEHKO
supersedes a city's prohibition on the residential retail food facility.
As of April 2019, the City of Santa Clarita (City) and Los Angeles County Department of Public
Health have not issued MEHKO permits.
Earlier this year, City staff was notified that Assembly Member Garcia was working on a "clean-
up" bill that would amend the statute and provide clarification regarding the jurisdictional
authority of the permitting of MEHKO. The anticipated amendments were expected to include
language that would clarify that cities have the authority to opt out of a county's MEHKO
permitting program.
The proposed urgency bill, Assembly Bill 377, as it is currently written, designates the
permitting authority of MEHKO to the enforcement agency within the respective jurisdiction.
An enforcement agency, as defined in the California Health and Safety Code, is the local health
agency having jurisdiction over food facilities. The City uses Los Angeles County Department
of Public Health for the permitting and other health services related to food facilities, and
therefore, this bill would designate Los Angeles County Department of Public Health with the
permitting authority of MEHKO. Furthermore, Assembly Bill 377 expresses that if a county
authorizes the permitting of MEHKO, all cities and the unincorporated areas within that county,
regardless of any existing city ordinance or prohibition of MEHKO, cannot opt out of the
county's MEKHO permitting program.
This bill preempts local land use and zoning authority, potentially exposing the community to
adverse impacts related to commercial enterprises permitted within residential zones.
Specifically, this bill may adversely impact sanitation, traffic congestion, parking, excessive
noise, and building and fire code issues.
The City currently has a robust process to review and develop specific zones that incorporates
input from the public, City Council, commissions, and staff. This successful and local zoning
process provides the City the ability to consider the unique community needs and maintains the
City's community characteristics.
The City of Santa Clarita 2019 Legislative Platform includes a component consistent with the
recommendation to oppose this bill. Component 21 under the "State" section of the Legislative
Platform advises that the City Council, "Oppose legislation that would interfere with, limit or
eliminate the decision-making authority of municipalities in the area of local land use."
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Assembly Bill 377 was introduced on February 5, 2019, and passed the Assembly Committee on
Health (13-1-1) on April 9, 2019. This bill passed the Assembly Committee on Appropriations
(18-0) on April 24, 2019, and ordered to third reading.
The City Council Legislative Committee met on May 6, 2019, and recommends that the City
Council adopt an "oppose" position on Assembly 377.
ALTERNATIVE ACTION
Adopt a "neutral" position on Assembly Bill 377
2. Adopt a "support" position on Assembly Bill 377
3. Take no action on Assembly Bill 377
4. Refer Assembly Bill 377 back to the Legislative Committee
5. Other action, as determined by the City Council
FISCAL IMPACT
The resources required to implement the recommended action are contained within the City of
Santa Clarita's adopted Fiscal Year 2018-19 budget.
ATTACHMENTS
Assembly Bill 377 Bill Text
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AMENDED IN ASSEMBLY MARCH 25, 2019
AMENDED IN ASSEMBLY MARCH 11, 2019
CALIFORNIA LEGISLATURE -2019-20 REGULAR SESSION
ASSEMBLY BILL
No. 377
Introduced by Assembly Member Eduardo Garcia
February 5, 2019
An act to amend Sections 114367.1, 114367.2, "�T 114367.5,
and 114367.6 of, to add Seetion 1 ^367.E t -o, and to repeal and add
Seetio Sections 114367 and 114367.3 of, the Health and Safety Code,
relating to retail food facilities, and declaring the urgency thereof, to
take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
AB 377, as amended, Eduardo Garcia. Microenterprise home kitchen
operations.
(1) The California Retail Food Code (code) authorizes the governing
body of a city, county, or city and county, by ordinance or resolution,
to permit microenterprise home kitchen operations if certain conditions
are met. The code requires microenterprise home kitchen operations,
as a restricted food service facility, to meet specified food safety
standards. A violation of the code is generally a misdemeanor.
This bill would modify the conditions for a city, county, or city and
county to permit microenterprise home kitchen operations within its
jurisdiction.
The
bill would modify the inspections and food safety standards applicable
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AB 377
to microenterprise home kitchen operations. The bill would prohibit an
internet food service intermediary or a microenterprise home kitchen
operation from using the word "catering" or any variation of that word
in a listing or advertisement of a microenterprise home kitchen
operation's offer of food for sale. The bill would require a
microenterprise home kitchen operation to include specific information,
including its permit number, in its advertising. The bill would prohibit
a third -party delivery service from delivering food produced by a
microenterprise home kitchen operation. By expanding the scope of a
crime for a violation of the code, this bill would impose a state -mandated
local program.
(2) 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 no reimbursement is required by this act
for a specified reason.
(3) This bill would declare that it is to take effect immediately as an
urgency statute.
Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State -mandated local program: yes.
The people of the State of California do enact as follows:
1 SECTION 1. Section 114367 of the Health and Safety Code
2 is repealed.
3 SEC. 2. Section 114367 is added to the Health and Safety Code,
4 to read:
5 114367. The governing body of a city, county, or city and
6 county that is designated as the enforcement agency, as defined
7 in Section 113773, may authorize, by ordinance or resolution,
8 within its jurisdiction the permitting of microenterprise home
9 kitchen operations in accordance with this chapter. If a governing
10 body of a city, county, or city and county authorizes the permitting
11 of microenterprise home kitchen operations, the authorization shall
12 apply to all areas within its jurisdiction, including being applicable
13 to all cities within a county that authorizes microenterprise home
14 kitchen operations, regardless of whether each city located within
15 the jurisdiction of the county separately authorizes them.
16 SEC. 3. Section 114367.1 of the Health and Safety Code is
17 amended to read:
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1 114367. 1. (a) A microenterprise home kitchen operation, as
2 defined in Section 113825, shall be considered a restricted food
3 service facility for purposes of, and subject to all applicable
4 requirements of, Chapter 1 (commencing with Section 113 700) to
5 Chapter 9 (commencing with Section 114265), inclusive, and
6 Chapter 13 (commencing with Section 114380), except as
7 otherwise provided in this chapter.
8 (b) A microenterprise home kitchen operation shall be exempt
9 from all of the following provisions:
10 (1) Handwashing facilities requirements, as required in Section
11 113953, provided that a handwashing sink is supplied with warm
12 water and located in the toilet room and supplied, as specified in
13 Section 113953.2.
14 (2) Any provision in this part relating to sinks, warewashing
15 machines, and manual or machine sanitation, including, but not
16 limited to, Sections 114099, 114099.2, 114099.4, 114101.1,
17 114101.2, 114103, 114107, 114123, 114125, 114163, and 114279,
18 provided that all of the following conditions are met:
19 (A) Utensils and equipment are able to be properly cleaned and
20 sanitized.
21 (B) The sink in a microenterprise home kitchen operation has
22 hot and cold water and is fully operable.
23 (C) If a dishwasher is used, it shall be operated in accordance
24 with the manufacturer's specifications.
25 (3) Prohibition on the presence of persons unnecessary to the
26 food facility operation in the food preparation, food storage, or
27 warewashing areas, as specified in Section 113945.1, provided
28 that the permit hol permitholder takes steps to avoid any
29 potential contamination to food, clean equipment, utensils, and
30 unwrapped single -service and single -use articles and prevents a
31 person suffering from symptoms associated with acute
32 gastrointestinal illness or person known to be infected with a
33 communicable disease that is transmissible through food to enter
34 the food preparation area while food is being prepared as part of
35 a microenterprise home kitchen operation.
36 (4) No smoking sign posting requirements, as specified in
37 Section 113978.
38 (5) Limitations on employee consumption of food, drink, or
39 tobacco outside of designated areas, as specified in Sections 113977
40 and 114256, provided that the permitholder takes
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steps to avoid any potential contamination to food, clean
equipment, utensils, and unwrapped single -service and single -use
articles and prevents aperson suffering from symptoms associated
with acute gastrointestinal illness or person known to be infected
with a communicable disease that is transmissible through food
to enter the food preparation area while food is being prepared as
part of a microenterprise home kitchen operation.
(6) Limitations on consumer access to the food facility through
food preparation areas, as specified in Section 113984. 1, provided
that the permit hol permitholder takes steps to avoid any
potential contamination to food, clean equipment, utensils, and
unwrapped single -service and single -use articles and prevents a
person suffering from symptoms associated with acute
gastrointestinal illness or person known to be infected with a
communicable disease that is transmissible through food to enter
the food preparation area while food is being prepared as part of
a microenterprise home kitchen operation.
(7) Display guard, cover, and container requirements, as
specified in Section 114060, provided that any food on display
that is not protected from the direct line of a consumer's mouth
by an effective means is not served or sold to any subsequent
consumer.
(8) 14mita+ions ott ottteloor display and sale of foods, as speeifie
eontamittation and that atty potentially hazardotts food that is
displayed or sold ottteloors is maintaitteel at the reqffired
inside the kiteftett whett not operating the mieroenterprise home
kiteftett operation.
(4)
(8) Requirements to provide clean drinking cups and tableware
for second portions and beverage refills, as specified in Section
114075.
(9) Requirements pertaining to the characteristics and
certification of utensils and equipment, as specified in Sections
114130 and 114139, provided that utensils and equipment are
designed to retain their characteristic qualities under normal use
conditions.
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(10) Requirements pertaining to the characteristics, construction,
and multiuse of food -contact and nonfood -contact surfaces, as
specified in Sections 114130.3 and 114130.4, provided that food
contact surfaces are smooth, easily cleanable, and in good repair.
(11) Requirements pertaining to the characteristics, construction,
and disassembly of clean in place (CIP) equipment, as specified
in Section 114130.5.
f�3}
(12) Limitations on the use of wood as a food contact surface
and in connection with other equipment, as specified in Section
114132. 114132, provided that hard maple or equivalent wood is
approved for use in direct contact with food during preparation.
(13) Any provision in this part relating to ventilation, including,
but not limited to, Article 2 (commencing with Section 114149)
of Chapter 6, provided that gases, odors, steam, heat, grease,
vapors, and smoke are able to escape from the kitchen.
(14) Requirements that cold or hot holding equipment used for
potentially hazardous food be equipped with integral or
permanently affixed temperature measuring device or product
mimicking sensors, as specified in subdivision (c) of Section
114157.
(15) Requirements pertaining to the installation of fixed,
floor -mounted, and table -mounted equipment, as specified in
Section 114169.
(16) Dedicated laundry facility requirements, as specified in
Section 114185.5, provided that linens used in connection with
the microenterprise home kitchen operation shall be laundered
separately from the household and other laundry.
(17) Requirements pertaining to water, plumbing, drainage, and
waste, as specified in Sections 114193, 114193.1, and 114245.7.
(18) Any requirement that a microenterprise home kitchen
operation have more than one toilet facility or that access to the
toilet facility not require passage through the food preparation,
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AB 377
1 food storage, or utensil washing areas, including, but not limited
2 to, the requirements specified in Sections 114250 and 114276.
3 (2-0}
4 (19) Light intensity, light source, and lightbulb requirements,
5 as specified in Sections 114252 and 114252. 1, provided that food
6 preparation areas are well lighted by natural or artificial light
7 whenever food is being prepared.
8 (2+}
9 (20) Requirements to provide and use lockers, storage facilities,
10 and designated dressing areas, and that food facility premises be
11 free of litter and items that are unnecessary to the operation, as
12 specified in Sections 114256.1 and 114257.1, provided that
13 personal effects and clothing not ordinarily found in a home kitchen
14 are placed or stored away from food preparation areas and dressing
15 takes place outside of the kitchen.
16 (2-2�
17 (21) Limitations on the presence and handling of animals, such
18 as domestic, service, or patrol animals, as specified in Sections
19 114259.4 and 114259.5, provided that all animals are kept outside
20 of the kitchen during food service and preparation.
21 (2-3-
22 (22) Requirements pertaining to floor, wall, and ceiling surfaces,
23 as specified in Sections 114268, 114269, and 114271, provided
24 that the floor, wall, and ceiling surfaces of the kitchen, storage,
25 and toilet areas are smooth, of durable construction, and easily
26 cleanable with no limitations on the use of wood, tile, and other
27 nonfiber floor surfaces ordinarily used in residential settings.
28 (24}
29 (23) Any local evaluation or grading system for food facilities,
30 as authorized by Section 113709.
31 (24j
32 (24) All prohibitions and limitations on the use of a kitchen in
33 a private home as a food facility, including, but not limited to,
34 prohibitions and limitations specified in Section 114285, provided
35 that food is not prepared in designated sleeping quarters. Open
36 kitchens adjacent to living and sleeping areas, kitchens in
37 efficiency, studio, and loft -style residences, and kitchens without
38 doors at all points of ingress and egress may be used in
39 microenterprise home kitchen operations.
40 (2fr}
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1 (25) Planning and permitting provisions of Sections 114380
2 and 114381.2.
3 (c) A microenterprise home kitchen operation may operate an
4 open-air barbecue or outdoor wood -burning oven, pursuant to the
5 requirements of Section 114143.
6 (d) The operator of a microenterprise home kitchen operation
7 shall successfully pass an approved and accredited food safety
8 certification examination, as specified in Section 113947.1.
9 (e) Any individual, other than the operator, who is involved in
10 the preparation, storage, or service of food in a microenterprise
11 home kitchen operation shall be subject to the food handler card
12 requirements specified in Section 113948.
13 (/) A microenterprise home kitchen operation shall only offer
14 for sale or sell food that was prepared during a food demonstration
15 or preparation event to a consumer who was present at that food
16 demonstration or preparation event.
17 SEC. 4. Section 114367.2 of the Health and Safety Code is
18 amended to read:
19 114367.2. (a) A microenterprise home kitchen operation shall
20 not be open for business unless it has obtained a permit issued
21 from the enforcement agency.
22 (b) The department shall post on its internet website the
23 requirements for the permitting of a microenterprise home kitchen
24 operation, pursuant to this chapter and any ordinance, resolution,
25 or rules adopted by any city, county, or city and county, that has
26 authorized the permitting of microenterprise home kitchen
27 operations, which shall be written at a high school level.
28 (c) The applicant shall submit to the enforcement agency written
29 standard operating procedures that include all of the following
30 information:
31 (1) All food types or products that will be handled.
32 (2) The proposed procedures and methods of food preparation
33 and handling.
34 (3) Procedures, methods, and schedules for cleaning utensils,
35 equipment, and for the disposal of refuse.
36 (4) How food will be maintained at the required holding
37 temperatures, as specified in Section 113996, pending pickup by
38 consumer or during delivery.
39 (5) Days and times that the home kitchen may potentially be
40 utilized as a microenterprise home kitchen operation. The stated
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AB 377
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days and times are not binding on the permitholder and shall be
used for information purposes only.
(d) (1) The enforcement agency shall issue a permit after an
initial inspection has determined that the proposed microenterprise
home kitchen operation and its method of operation comply with
the requirements of this chapter.
(2) An enforcement agency shall not require a microenterprise
home kitchen operation to comply with food safety requirements
that are different from, or in addition to, the requirements of this
chapter.
(e) For purposes of permitting, the permitted area includes the
home kitchen, onsite consumer eating area, food storage, utensils
and equipment, toilet room, janitorial or cleaning facilities, and
refuse storage area. Food operations shall not be conducted outside
of the permitted areas.
(f) An enforcement agency may require a microenterprise home
kitchen operation to renew its permit annually.
(g) A permit, once issued, is nontransferable. A permit shall be
valid only for the person and location specified by that permit,
and, unless suspended or revoked for cause, for the time period
indicated.
(h) The permit, or an accurate copy thereof, shall be retained
by the operator onsite and displayed at all times the microenterprise
home kitchen operation is in operation.
(i) An enforcement agency may collect a fee for the issuance
of a permit pursuant to this chapter in an amount that does not
exceed the reasonable administrative costs by the enforcement
agency in issuing the permit.
SEG. �. Seetion 114.367.3 of the Health attel Safi� Go
ametteleel to read.!
114367.3. (a) Notwithstanding any other lai-,
ttetprise
home kiteftett operation shall not be sttbjeet to ... R.—
or otherwise wisafe f-ooel has beett produeed or served by the
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Q
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1
2 fior the inspeetion, keep that doettmentation ott file with th-e
3 mieroetiterprise home kiteften operation's
4 .�-Om .. ... Wfiting to the operator of the mieroetitetprise home
5 kiteften operation.
6 (d) Aeeess provided tttider this seetion is limited to the pe"itte
7 area of the mieroetitetprise home kiteften operation,
8 posted operating ftottrs of the mieroetiterprise home kitefte
9 operation, and solely for the ptwpose of enforeing or admittistefting
10 this Part.
11
12 mieroetiterprise home kiteften operation of att amotttit that does.
13 '
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15 eompliattee with this part if the mieroetiterprise home kitefte
16 operation is fiotttid to be itt violation of this part.
17 SEC. 6. Section 114367.3 is added to the Health and Safety
18 Code, to read. -
19 114367.3. (a) Notwithstanding any other law, a
20 microenterprise home kitchen operation shall only be subject to
21 the three following types of inspections by the enforcement agency:
22 (1) A routine inspection for the purpose of allowing the
23 enforcement agency to observe the permitholder engage in the
24 usual activities of a microenterprise home kitchen operation,
25 including, but not limited to, active food preparation. The
26 enforcement agency shall provide notice to a permitholder before
27 a routine inspection and shall conduct the routine inspection at a
28 mutually agreeable date and time. A microenterprise home kitchen
29 operation shall not be subject to more than one routine inspection
30 within 12 months. This paragraph shall not be deemed to require
31 the enforcement agency to conduct a routine inspection.
32 (2) An investigation inspection for the purpose of allowing the
33 enforcement agency to perform an inspection when the enforcement
34 agency has just cause that adulterated or otherwise unsafe food
35 has been produced or served by the microenterprise home kitchen
36 operation or that the permitholder has otherwise violated this part.
37 One or more consumer complaints may constitute just cause for
38 an investigation inspection. The enforcement agency shall provide
39 notice to a permitholder before an investigation inspection and
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1 shall conduct the investigation inspection at a mutually agreeable
2 date and time.
3 (3) An emergency inspection for the purpose of allowing the
4 enforcement agency to perform a limited inspection when the
5 enforcement agency has just cause that the microenterprise home
6 kitchen operation poses a serious hazard or immediate threat to
7 public health. To the extent that notice of an emergency inspection
8 is reasonable under the circumstances, the enforcement agency
9 shall provide notice to a permitholder before an emergency
10 inspection. The scope of emergency inspection shall be limited in
11 duration and scope to address the facts giving just cause that the
12 microenterprise home kitchen operation poses a serious hazard
13 or immediate threat to public health.
14 (b) The enforcement agency shall only inspect the permitted
15 area of the microenterprise home kitchen operation for the purpose
16 of enforcing or administering this part.
17 (c) The enforcement agency may seek recovery from a
18 microenterprise home kitchen operation of an amount that does
19 not exceed the enforcement agency's reasonable costs of inspecting
20 the microenterprise home kitchen operation for compliance with
21 this part if the microenterprise home kitchen operation is found
22 to be in violation of this part.
23 SEG. 6..
24 SEC. 7. Section 114367.5 of the Health and Safety Code is
25 amended to read:
26 114367.5. (a) A person delivering food on behalf of a
27 microenterprise home kitchen operation with a permit issued
28 pursuant to Section 114367.2 shall be an employee of the
29 microenterprise home kitchen operation or a family member or
30 household member of the permitholder.
31 (b) Food produced in a microenterprise home kitchen operation
32 shall not be delivered by a third -party delivery service.
33 SEC. 7.
34 SEC. 8. Section 114367.6 of the Health and Safety Code is
35 amended to read:
36 114367.6. (a) An internet food service intermediary that lists
37 or promotes a microenterprise home kitchen operation on its
38 internet website or mobile application shall meet all of the
39 following requirements:
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AB 377
1 (1) Be registered with the department. A registration, once
2 issued, is nontransferable. A registration shall be valid only for
3 the person and type of business specified by that registration, and
4 unless suspended or revoked for cause by the department.
5 (2) Prior to the listing or publication of a microenterprise home
6 kitchen operation's offer of food for sale, clearly and conspicuously
7 post on its internet website or mobile application the requirements
8 for the permitting of a microenterprise home kitchen specified in
9 this chapter, which shall be written at the high school level and be
10 provided by the department.
11 (3) Clearly and conspicuously post on its internet website or
12 mobile application the fees associated with using its platform in a
13 manner that allows both the consumer and the microenterprise
14 home kitchen operation to see and understand the amount being
15 charged for the services provided by the internet food service
16 intermediary. The internet food service intermediary shall notify
17 the microenterprise home kitchens operation of any
18 changes to these fees exceeding a 2 -percent increase in writing
19 and no later than one month before the changes take effect.
20 (4) Clearly and conspicuously post on its internet website or
21 mobile application whether or not it has liability insurance that
22 would cover any incidence arising from the sale or consumption
23 of food listed or promoted on its internet website or mobile
24 application.
25 (5) Provide a dedicated field on its platform for a microenterprise
26 home kitchen operation to post the permit tmntber, artdshall
27
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29 number and the name of the county of the enforcement agency that
30 issued the permit.
31 (6) Clearly and conspicuously post on its internet website or
32 mobile application how a consumer can contact the internet food
33 service intermediary through its internet website or mobile
34 application if the consumer has a food safety or hygiene complaint
35 and a link to the department's internet website that contains
36 information for how to file a complaint with the enforcement
37 agency.
38 (7) Submit the name and permit number of a microenterprise
39 home kitchen operation to the enforcement agency4F4 that issued
40 the permit to the microenterprise home kitchen operation if the
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1 internet food service intermediary receives, through its internet
2 website or mobile application, three or more unrelated individual
3 food safety or hygiene complaints in a calendar year from
4 consumers that have made a purchase through its internet website
5 or mobile application. The internet food service intermediary shall
6 submit this information to the enforcement agency within two
7 weeks of the third complaint received.
8 (8) If it is notified by the enforcement agency of significant
9 food safety related complaints from a verified consumer that has
10 made a purchase through its internet website or mobile application,
11 submit to the enforcement agency the name and permit number of
12 microenterprise home kitchen operation where the food was
13 purchased, and a list of consumers who purchased food on the
14 same day from that microenterprise home kitchen operation through
15 its internet website or mobile application.
16 (9) Prior to the listing or publication of a microenterprise home
17 kitchen operation's offer of food for sale, obtain consent from the
18 microenterprise home kitchen operation to make the disclosures
19 to government entities required pursuant to this section.
20 (10) Shall not permit the use of the word "catering" or any
21 variation of that word in a listing or publication of a
22 microenterprise home kitchen operation's offer of food for sale.
23 (11) Shall not use, or knowingly facilitate the use of, a
24 third -party delivery service for food produced by the
25 microenterprise home kitchen operation.
26 (b) For purposes of this chapter, an "internet food service
27 intermediary" means an entity that provides a platform on its
28 internet website or mobile application through which a
29 microenterprise home kitchen operation may choose to offer food
30 for sale and from which the internet food service intermediary
31 derives revenues, including, but not limited to, revenues from
32 advertising and fees for services offered to a microenterprise home
33 kitchen operation. Services offered by an internet food service
34 intermediary to a microenterprise home kitchen operation may
35 include, but are not limited to, allowing a microenterprise home
36 kitchen operation to advertise its food for sale and providing a
37 means for potential consumers to arrange payment for the food,
38 whether the consumer pays directly to the microenterprise home
39 kitchen operation or to the internet food service intermediary.
40 Merely publishing an advertisement for the microenterprise home
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1 kitchen operation or food cooked therein does not make the
2 publisher an internet food service intermediary.
3 (c) (1) A microenterprise home kitchen operation that advertises
4 to the public, including, but not limited to, advertising by website,
5 internet, social media platform, newspaper, newsletter, or other
6 public announcement, shall include all of the following within the
7 advertisement:
8 (A) Name of the enforcement-ageffey. agency that issued the
9 permit.
10 (B) Permit number.
11 (C) Statement that the food prepared is "Made in a Home
12 Kitchen" in a clear and conspicuous font and location within a
13 written advertisement and an audible and comprehensible manner
14 in a verbal advertisement.
15 (2) A microenterprise home kitchen operation shall not use the
16 word "catering" or any variation of that word in an advertisement
17 relating to the microenterprise home kitchen operation's offer of
18 food for sale.
19 SEG. 8. Seetion 114367.7 is adeleel to the Health attel Safety
21
22
23 home kiteftett operations itt aeeordattee with this eftapter shall.
24 report to the I:egislatttre all of the following relating to
25
26 .
27 .
28 .
29 (2) The report shall be s4mitteel itt eompliattee with Seetio
30 979� of the Government Gode.
31
32 ,
33
34 .
35 SEC. 9. No reimbursement is required by this act pursuant to
36 Section 6 of Article XIIIB of the California Constitution because
37 the only costs that may be incurred by a local agency or school
38 district will be incurred because this act creates a new crime or
39 infraction, eliminates a crime or infraction, or changes the penalty
40 for a crime or infraction, within the meaning of Section 17556 of
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-15 — AB 377
1 the Government Code, or changes the definition of a crime within
2 the meaning of Section 6 of Article XIII B of the California
3 Constitution.
4 SEC. 10. This act is an urgency statute necessary for the
5 immediate preservation of the public peace, health, or safety within
6 the meaning of Article IV of the California Constitution and shall
7 go into immediate effect. The facts constituting the necessity are:
8 To ensure a uniform implementation of the health and food safety
9 responsibilities of microenterprise home kitchen operations
10 throughout the state, it is necessary that this act take effect
11 immediately.
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