HomeMy WebLinkAboutitem 11a - Opposing Assembly Bill 377 - Microenterprise Home Kitchen OperationsResolution No. 7262 Opposing AB 377 - MEHKOs
August 6, 2019
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DATE: August 6, 2019
TO: Honorable Mayor and City Council
FROM: Jason Kruckeberg, Assistant City Manager/Development Services Director
Lisa Flores, Planning & Community Development Administrator
By: Amber Abeyta, Business License Officer
SUBJECT: RESOLUTION NO. 7262 OPPOSING ASSEMBLY BILL 377 (GARCIA),
RELATED TO PERMITTING AND REGULATION OF
MICROENTERPRISE HOME KITCHEN OPERATIONS (“MEHKOs”),
UNLESS AMENDED, AND AUTHORIZING THE MAYOR TO SIGN A
LETTER OF OPPOSITION ON BEHALF OF THE CITY
Recommendation: Adopt
SUMMARY
On September 18, 2018, then Governor Brown signed Assembly Bill 626 (“AB 626”),
amending the California Retail Food Code: Microenterprise Home Kitchen Operations,
which established “Microenterprise Home Kitchen Operation s” (“MEHKOs”) as a new
category of retail food facility. MEHKOs allow residents in a private home or dwelling to
prepare food and serve food to customers for profit, but in a limited manner. Operators
may sell individual meals directly to consumer for pick -up, delivery, or for dining on-site
– much like a restaurant. On February 5, 2019, a new bill was introduced, AB 377, to
make minor changes to AB 626 in order to provide for more regulatory clarity. Under
this new bill, counties will have the ability to opt -in by adopting an ordinance to authorize
a local MEHKO program for the entire jurisdiction, including all cities within the county.
The law gives the counties “full discretion” to authorize the MEHKOs program in their
jurisdiction.
AB 626 was ambiguous as to whether a local jurisdiction may prohibit these land uses
in their residential zones. The current statute states that cities and counties have “full
discretion” to authorize the permitting of MEHKOs, while also providing that if a county
permits them, a city has no authority to disallow them.
As a basic local control issue, m ost cities would like to have an opt-out provision that
would permit a local agency to opt-out of a county’s ordinance for MEHKOs; however,
AB 377 does not provide for such an opt-out option. Therefore, it is recommended that
the City Council adopt Resolution No. 7262 (Attachment No.1) opposing AB 377, unless
Resolution No. 7262 Opposing AB 377 - MEHKOs
August 6, 2019
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amended to include an opt-out provision for local jurisdictions, and authorizing the
Mayor to sign a letter of opposition on behalf of the City.
BACKGROUND
AB 626 (Garcia), which became effective on January 1, 2019, established MEHKOs in
California. These food facilities are operated out of an individual’s private residence by
the resident and are allowed to produce a very broad variety of complex food prod ucts.
MEHKOs, like regular commercial or retail food service facilities, must comply with the
California Retail Food Code (“CRFC”), and this includes the requirement that they
obtain an operational permit from their respective local enforcement agency. In Lo s
Angeles County, most cities contract with the Department of Public Health for
permitting, inspection, and compliance services for food service facilities. While
MEHKOs are now allowed to apply for service permits, and to operate as a food service
facility, there are restrictions placed upon MEHKOs in order to limit their operations.
Below is a summary of the most notable and pertinent restrictions on MEHKOs, as
stipulated by AB 626:
Food is prepared, cooked, and served or delivered on the same day.
Food must be consumed at the location of the MEHKO, or can be picked up by a
local small-party customer.
Sale of raw milk products or oysters are prohibited.
MEHKOs cannot have more than one full-time food employee.
MEHKOs cannot exceed $50,000 in gross annual sales.
MEHKOs may only sell food directly to private consumers.
These food facilities may only produce a maximum of 30 meals per day and 60
meals per week.
The operation is prohibited from indirect sale of food .
For further details, refer to Attachment No. 3, Assembly Bill No. 626.
AB 626 permits counties and local municipalities to enact an ordinance or resolution to
authorize the local enforcement entity to issue health permits and conduct inspections.
Due to the fact that the language in AB 626 is ambiguous, the Los Angeles County
Department of Public Health (“DPH”) has been working with the California Conference
of Directors of Environmental Health (“CCDEH”) and the County Health Executives
Association of California (“CHEAC”) to address these issues through cleanup
legislation. Assembly Member Garcia, who was the author of AB 626, has proposed an
urgency bill – AB 377 – that would amend the statute (refer to Attachment No. 4). The
amendments were expected to include language that would clarify cities’ discretion to
opt-out of a county’s MEHKOs permitting program.
Resolution No. 7262 Opposing AB 377 - MEHKOs
August 6, 2019
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Contrary to expectations, the proposed bill completely removes cities’ authority to
restrict MEHKOs within their jurisdictions. Rather than clarifying the existing ambiguity in
the law and concerns that cities had over land use, the proposed urgency bill favor s
state preemption. Specifically, the bill states that the county health departments may
authorize the permitting of MEHKOs in the unincorporated areas and within
incorporated cities and, once a county opts-in, cities within the county cannot opt-out.
County health officials are thus urging cities with a stake in the issue to voice their
concerns now. The urgency bill to amend the existing law is in the final stages of its
legislative cycle. The bill will be heard in Senate Appropriations when the Legislature
comes back from its summer recess (August 12, 2019) and, if approved, the bill goes to
the Senate floor. If approved by a 2/3 vote of the Senate, it would take effect
immediately upon signature from Governor Newsom. The bill would:
Clarify the conditions for a city or county to permit MEHKOs within its jurisdiction.
Most importantly, it would require cities to accept MEHKOs if a county allows
them.
Amend the inspections and food safety standards which are applicable to
MEHKOs.
Disallow MEHKOs from being able to cater food or use the word “catering” in
their advertisements.
Ban third-party delivery services, such as Uber Eats and GrubHub, from
delivering food which is prepared by MEHKOs to customers.
Clarify the inspection process for MEHKOs.
Clarify the requirements for the use of Internet intermediaries.
DISCUSSION
AB 626 initially attempted to give cities “full discretion” to authorize the permitting of
MEHKOs; however, it stipulated that if a County opts-in to the program, the permit is
valid in any city within the county, even if that city has enacted a prohibition. When the
urgency bill AB 377 was created to make minor changes to the original bill in order to
provide for more regulatory clarity, it did not provide an opt-out provision (as requested
by stakeholders) for local jurisdictions, including cities, and still gave counties “full
discretion” over permitting MEHKOs.
Since some San Gabriel Valley cities, including Arcadia, have expressed concerns with
both AB 626 and AB 377, the San Gabriel Valley Council of Government (“SGVCOG”)
is encouraging cities to oppose AB 377, unless it is amended to include an opt -out
provision for local jurisdictions. Giving “full discretion” to counties discounts cities’ role in
the permitting process even though MEHKOs will have a n impact on the subject city of
their location. Zoning and land use controls are one of the most basic local rights
provided in the California Constitution and AB 377 attempts to preempt that right.
Resolution No. 7262 Opposing AB 377 - MEHKOs
August 6, 2019
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The City Attorney’s office has drafted a letter to be signed by the Mayor declaring the
City’s opposition to AB 377 – refer to Attachment No. 2. The letter would be sent to any
committees hearing this measure as well as the entire legislature, if AB 377 advances to
a full floor vote.
ENVIRONMENTAL ANALYSIS
The proposed action does not constitute a project under the California Environmental
Quality Act (“CEQA”), and it can be seen with certainty that it will have no impac t on the
environment. Therefore, this matter is exempt under CEQA.
FISCAL IMPACT
There are minor costs associated with drafting and transmitting letters to the
Legislature. Sufficient funds are available to accommodate these costs .
RECOMMENDATION
It is recommended that the City Council adopt Resolution No. 7262 opposing Assembly
Bill 377 (Garcia), related to permitting and regulation of Microenterprise Home Kitchen
Operations (“MEHKOs”), unless amended, and authorizing the Mayor to sign a letter of
opposition on behalf of the City.
Attachment No. 1 - Resolution No. 7262
Attachment No. 2 - A Mayor’s Letter in Opposition of AB 377(Garcia)
Attachment No. 3 - Assembly Bill 677
Attachment No. 4 - Assembly Bill 377
AMENDED IN ASSEMBLY MARCH 20, 2019
california legislature—2019–20 regular session
ASSEMBLY BILL No. 677
Introduced by Assembly Member Choi
(Coauthor: Assembly Member Voepel)
February 15, 2019
An act to amend Section 8904 of, and to repeal and add Section 8919
of, the Family Code, relating to intercountry adoption.
legislative counsel’s digest
AB 677, as amended, Choi. Intercountry adoption finalized in a
foreign country.
Existing law generally provides for the adoption of a child native to
a foreign country by a prospective adoptive parent or parents who are
California residents that is either finalized in another country or this
state. Existing law requires a licensed adoption agency facilitating an
intercountry adoption that will be finalized in a foreign country to
provide specific services that include certification to the federal
government as to whether this state’s intercountry adoption requirements
have been met. Existing law requires a resident of the state who adopts
a child through an intercountry adoption that is finalized in a foreign
country to readopt the child in this state if it is required by the United
States Department of Homeland Security, and requires this readoption
to include at least one postplacement in-home visit, a home study report,
and final adoption order. Existing law also authorizes a resident of the
state who adopts a child through an intercountry adoption that is
finalized in a foreign country to readopt the child in this state.
This bill would repeal those readoption provisions and would instead
require an adoptive parent, or if an adoptive parent fails to do so, then
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the adoption agency that facilitated the adoption, to file a petition to
readopt within specified deadlines to establish a record by which an
adoptee can prove the facts of the foreign adoption. The bill would
require the petition to include, among other things, a report from at least
one postplacement home visit by an intercountry adoption agency or a
contractor of that agency licensed to provide intercountry adoption
services in the state. The bill would require the clerk of the court to
submit an order granting the petition to the State Registrar, would require
the State Registrar to issue a delayed registration of birth, as specified,
and would authorize an adoptive parent to obtain a California birth
certificate for that child.
This bill would require a court that finds a child may be the subject
of human trafficking or specified types of abuse to notify all appropriate
authorities.
This bill would, if a licensed adoption agency has a written agreement
for which postadoption services have been paid, require the licensed
adoption agency to provide those services, and would also make
technical, nonsubstantive changes to the other services a licensed
adoption agency facilitating an intercountry adoption is required to
provide.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 8904 of the Family Code is amended to
line 2 read:
line 3 8904. For an intercountry adoption that will be finalized in a
line 4 foreign country, the licensed adoption agency shall provide all of
line 5 the following services:
line 6 (a) Assessment of the suitability of the applicant’s home.
line 7 (b) Certification to the United States Citizenship and
line 8 Immigration Services that this state’s intercountry adoption
line 9 requirements have been met.
line 10 (c) Readoption services as required by the United States
line 11 Citizenship and Immigration Services.
line 12 (d) Postadoption services pursuant to any written agreement
line 13 between the licensed adoption agency and any other person or
line 14 entity for which the postadoption services have been paid.
line 15 SEC. 2. Section 8919 of the Family Code is repealed.
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line 1 SEC. 3. Section 8919 is added to the Family Code, to read:
line 2 8919. (a) In order to establish a record by which an adoptee
line 3 can prove the facts of the foreign adoption, a state resident who
line 4 has finalized an intercountry adoption in a foreign country shall
line 5 file the petition to readopt within the earlier of 60 days of the
line 6 adoptee’s entry into the United States or the adoptee’s 16th
line 7 birthday. The petition shall include all of the following:
line 8 (1) A certified or otherwise official copy of the foreign decree,
line 9 order, or certification of adoption that reflects finalization of the
line 10 adoption in the foreign country.
line 11 (2) A certified or otherwise official copy of the child’s foreign
line 12 birth certificate.
line 13 (3) A certified translation of all documents described in this
line 14 subdivision that are not written in English. The court shall accept
line 15 the certified translation, if any, that was completed abroad for
line 16 purposes of obtaining the child’s visa or passport.
line 17 (4) Proof that the child was granted lawful entry into the United
line 18 States as an immediate relative of the adoptive parent or parents.
line 19 (5) A report from at least one postplacement home visit by an
line 20 intercountry adoption agency or a contractor of that agency licensed
line 21 to provide intercountry adoption services in the State of California.
line 22 (6) A copy of the home study report previously completed for
line 23 the international finalized adoption by an adoption agency
line 24 authorized to provide intercountry adoption services pursuant to
line 25 Section 8900. An update of the home study report shall not be
line 26 required for the court to grant the petition for domestication of the
line 27 foreign adoption decree or readoption.
line 28 (b) A readoption order shall not be granted unless the court
line 29 receives a copy of the reports listed in paragraphs (5) and (6) of
line 30 subdivision (a). The court shall consider the postplacement visit
line 31 or visits and the previously completed home study when deciding
line 32 whether to grant or deny the petition for readoption.
line 33 (c) If an adoptive parent who has adopted a child through an
line 34 intercountry adoption that is finalized in a foreign country fails to
line 35 file a petition pursuant to this section by the earlier of 60 days of
line 36 the child’s entry into the United States or the child’s 16th birthday
line 37 or fails to provide a copy of the petition to each adoption agency
line 38 that provided the adoption services to the adoptive parent, then
line 39 the adoption agency that facilitated the adoption shall file a petition
line 40 within 90 days of the child’s entry into the United States, and shall
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AB 677 — 3 —
line 1 provide a file-marked copy of the petition to the adoptive parent
line 2 and to any other adoption agency that provided services to the
line 3 adoptive parent within five business days of filing. An adoptive
line 4 parent shall be liable to the adoption agency for all costs and fees
line 5 incurred as a result of good faith actions taken by the adoption
line 6 agency to fulfill its requirement pursuant to this subdivision. If the
line 7 adoption agency fails to file a petition as required by this
line 8 subdivision, the department may take appropriate disciplinary
line 9 action against the adoption agency if it is licensed in the State of
line 10 California and the department has actual or constructive knowledge
line 11 that the petition was not filed.
line 12 (d) If the court finds that the child may be the subject of human
line 13 trafficking or may be a child who is described in Section 300 of
line 14 the Welfare and Institutions Code, the court shall, in accordance
line 15 with existing law, notify all appropriate authorities.
line 16 (e) Within 10 business days, the clerk of the court shall submit
line 17 to the State Registrar the order granting the petition to readopt.
line 18 Upon receipt, the State Registrar shall issue a delayed registration
line 19 of birth in accordance with Section 102695 of the Health and Safety
line 20 Code that lists the adoptive parent or parents as the child’s legal
line 21 parent or parents.
line 22 (f) A state resident who has adopted a child through an
line 23 intercountry adoption that is finalized in a foreign country may
line 24 obtain a birth certificate for that child pursuant to Section 102635
line 25 or 103450 of the Health and Safety Code.
O
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AMENDED IN SENATE MAY 20, 2019
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 Members Eduardo Garcia and
Mayes
February 5, 2019
An act to amend Sections 114367.1, 114367.2, 114367.5, and
114367.6 of, and to repeal and add 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 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”
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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:
line 1 SECTION 1. Section 114367 of the Health and Safety Code
line 2 is repealed.
line 3 SEC. 2. Section 114367 is added to the Health and Safety Code,
line 4 to read:
line 5 114367. The governing body of a city, county, or city and
line 6 county that is designated as the enforcement agency, as defined
line 7 in Section 113773, may authorize, by ordinance or resolution,
line 8 within its jurisdiction the permitting of microenterprise home
line 9 kitchen operations in accordance with this chapter. If a governing
line 10 body of a city, county, or city and county authorizes the permitting
line 11 of microenterprise home kitchen operations, the authorization shall
line 12 apply to all areas within its jurisdiction, including being applicable
line 13 to all cities within a county that authorizes microenterprise home
line 14 kitchen operations, regardless of whether each city located within
line 15 the jurisdiction of the county separately authorizes them.
line 16 SEC. 3. Section 114367.1 of the Health and Safety Code is
line 17 amended to read:
line 18 114367.1. (a) A microenterprise home kitchen operation, as
line 19 defined in Section 113825, shall be considered a restricted food
line 20 service facility for purposes of, and subject to all applicable
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line 1 requirements of, Chapter 1 (commencing with Section 113700) to
line 2 Chapter 9 (commencing with Section 114265), inclusive, and
line 3 Chapter 13 (commencing with Section 114380), except as
line 4 otherwise provided in this chapter.
line 5 (b) A microenterprise home kitchen operation shall be exempt
line 6 from all of the following provisions:
line 7 (1) Handwashing facilities requirements, as required in Section
line 8 113953, provided that a handwashing sink is supplied with warm
line 9 water and located in the toilet room and supplied, as specified in
line 10 Section 113953.2.
line 11 (2) Any provision in this part relating to sinks, warewashing
line 12 machines, and manual or machine sanitation, including, but not
line 13 limited to, Sections 114099, 114099.2, 114099.4, 114101.1,
line 14 114101.2, 114103, 114107, 114123, 114125, 114163, and 114279,
line 15 provided that all of the following conditions are met:
line 16 (A) Utensils and equipment are able to be properly cleaned and
line 17 sanitized.
line 18 (B) The sink in a microenterprise home kitchen operation has
line 19 hot and cold water and is fully operable.
line 20 (C) If a dishwasher is used, it shall be operated in accordance
line 21 with the manufacturer’s specifications.
line 22 (3) Prohibition on the presence of persons unnecessary to the
line 23 food facility operation in the food preparation, food storage, or
line 24 warewashing areas, as specified in Section 113945.1, provided
line 25 that the permitholder takes steps to avoid any potential
line 26 contamination to food, clean equipment, utensils, and unwrapped
line 27 single-service and single-use articles and prevents a person
line 28 suffering from symptoms associated with acute gastrointestinal
line 29 illness or person known to be infected with a communicable disease
line 30 that is transmissible through food to enter the food preparation
line 31 area while food is being prepared as part of a microenterprise home
line 32 kitchen operation.
line 33 (4) No smoking sign posting requirements, as specified in
line 34 Section 113978.
line 35 (5) Limitations on employee consumption of food, drink, or
line 36 tobacco outside of designated areas, as specified in Sections 113977
line 37 and 114256, provided that the permitholder takes steps to avoid
line 38 any potential contamination to food, clean equipment, utensils,
line 39 and unwrapped single-service and single-use articles and prevents
line 40 a person suffering from symptoms associated with acute
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AB 377 — 3 —
line 1 gastrointestinal illness or person known to be infected with a
line 2 communicable disease that is transmissible through food to enter
line 3 the food preparation area while food is being prepared as part of
line 4 a microenterprise home kitchen operation.
line 5 (6) Limitations on consumer access to the food facility through
line 6 food preparation areas, as specified in Section 113984.1, provided
line 7 that the permitholder takes steps to avoid any potential
line 8 contamination to food, clean equipment, utensils, and unwrapped
line 9 single-service and single-use articles and prevents a person
line 10 suffering from symptoms associated with acute gastrointestinal
line 11 illness or person known to be infected with a communicable disease
line 12 that is transmissible through food to enter the food preparation
line 13 area while food is being prepared as part of a microenterprise home
line 14 kitchen operation.
line 15 (7) Display guard, cover, and container requirements, as
line 16 specified in Section 114060, provided that any food on display
line 17 that is not protected from the direct line of a consumer’s mouth
line 18 by an effective means is not served or sold to any subsequent
line 19 consumer.
line 20 (8) Requirements to provide clean drinking cups and tableware
line 21 for second portions and beverage refills, as specified in Section
line 22 114075.
line 23 (9) Requirements pertaining to the characteristics and
line 24 certification of utensils and equipment, as specified in Sections
line 25 114130 and 114139, provided that utensils and equipment are
line 26 designed to retain their characteristic qualities under normal use
line 27 conditions.
line 28 (10) Requirements pertaining to the characteristics, construction,
line 29 and multiuse of food-contact and nonfood-contact surfaces, as
line 30 specified in Sections 114130.3 and 114130.4, provided that food
line 31 contact surfaces are smooth, easily cleanable, and in good repair.
line 32 (11) Requirements pertaining to the characteristics, construction,
line 33 and disassembly of clean in place (CIP) equipment, as specified
line 34 in Section 114130.5.
line 35 (12) Limitations on the use of wood as a food contact surface
line 36 and in connection with other equipment, as specified in Section
line 37 114132, provided that hard maple or equivalent wood is approved
line 38 for use in direct contact with food during preparation.
line 39 (13) Any provision in this part relating to ventilation, including,
line 40 but not limited to, Article 2 (commencing with Section 114149)
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line 1 of Chapter 6, provided that gases, odors, steam, heat, grease,
line 2 vapors, and smoke are able to escape from the kitchen.
line 3 (14) Requirements that cold or hot holding equipment used for
line 4 potentially hazardous food be equipped with integral or
line 5 permanently affixed temperature measuring device or product
line 6 mimicking sensors, as specified in subdivision (c) of Section
line 7 114157.
line 8 (15) Requirements pertaining to the installation of fixed,
line 9 floor-mounted, and table-mounted equipment, as specified in
line 10 Section 114169.
line 11 (16) Dedicated laundry facility requirements, as specified in
line 12 Section 114185.5, provided that linens used in connection with
line 13 the microenterprise home kitchen operation shall be laundered
line 14 separately from the household and other laundry.
line 15 (17) Requirements pertaining to water, plumbing, drainage, and
line 16 waste, as specified in Sections 114193, 114193.1, and 114245.7.
line 17 (18) Any requirement that a microenterprise home kitchen
line 18 operation have more than one toilet facility or that access to the
line 19 toilet facility not require passage through the food preparation,
line 20 food storage, or utensil washing areas, including, but not limited
line 21 to, the requirements specified in Sections 114250 and 114276.
line 22 (19) Light intensity, light source, and lightbulb requirements,
line 23 as specified in Sections 114252 and 114252.1, provided that food
line 24 preparation areas are well lighted by natural or artificial light
line 25 whenever food is being prepared.
line 26 (20) Requirements to provide and use lockers, storage facilities,
line 27 and designated dressing areas, and that food facility premises be
line 28 free of litter and items that are unnecessary to the operation, as
line 29 specified in Sections 114256.1 and 114257.1, provided that
line 30 personal effects and clothing not ordinarily found in a home kitchen
line 31 are placed or stored away from food preparation areas and dressing
line 32 takes place outside of the kitchen.
line 33 (21) Limitations on the presence and handling of animals, such
line 34 as domestic, service, or patrol animals, as specified in Sections
line 35 114259.4 and 114259.5, provided that all animals are kept outside
line 36 of the kitchen during food service and preparation.
line 37 (22) Requirements pertaining to floor, wall, and ceiling surfaces,
line 38 as specified in Sections 114268, 114269, and 114271, provided
line 39 that the floor, wall, and ceiling surfaces of the kitchen, storage,
line 40 and toilet areas are smooth, of durable construction, and easily
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AB 377 — 5 —
line 1 cleanable with no limitations on the use of wood, tile, and other
line 2 nonfiber floor surfaces ordinarily used in residential settings.
line 3 (23) Any local evaluation or grading system for food facilities,
line 4 as authorized by Section 113709.
line 5 (24) All prohibitions and limitations on the use of a kitchen in
line 6 a private home as a food facility, including, but not limited to,
line 7 prohibitions and limitations specified in Section 114285, provided
line 8 that food is not prepared in designated sleeping quarters. Open
line 9 kitchens adjacent to living and sleeping areas, kitchens in
line 10 efficiency, studio, and loft-style residences, and kitchens without
line 11 doors at all points of ingress and egress may be used in
line 12 microenterprise home kitchen operations.
line 13 (25) Planning and permitting provisions of Sections 114380
line 14 and 114381.2.
line 15 (c) A microenterprise home kitchen operation may operate an
line 16 open-air barbecue or outdoor wood-burning oven, pursuant to the
line 17 requirements of Section 114143.
line 18 (d) The operator of a microenterprise home kitchen operation
line 19 shall successfully pass an approved and accredited food safety
line 20 certification examination, as specified in Section 113947.1.
line 21 (e) Any individual, other than the operator, who is involved in
line 22 the preparation, storage, or service of food in a microenterprise
line 23 home kitchen operation shall be subject to the food handler card
line 24 requirements specified in Section 113948.
line 25 (f) A microenterprise home kitchen operation shall only offer
line 26 for sale or sell food that was prepared during a food demonstration
line 27 or preparation event to a consumer who was present at that food
line 28 demonstration or preparation event.
line 29 SEC. 4. Section 114367.2 of the Health and Safety Code is
line 30 amended to read:
line 31 114367.2. (a) A microenterprise home kitchen operation shall
line 32 not be open for business unless it has obtained a permit issued
line 33 from the enforcement agency.
line 34 (b) The department shall post on its internet website the
line 35 requirements for the permitting of a microenterprise home kitchen
line 36 operation, pursuant to this chapter and any ordinance, resolution,
line 37 or rules adopted by any city, county, or city and county, that has
line 38 authorized the permitting of microenterprise home kitchen
line 39 operations, which shall be written at a high school level.
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line 1 (c) The applicant shall submit to the enforcement agency written
line 2 standard operating procedures that include all of the following
line 3 information:
line 4 (1) All food types or products that will be handled.
line 5 (2) The proposed procedures and methods of food preparation
line 6 and handling.
line 7 (3) Procedures, methods, and schedules for cleaning utensils,
line 8 equipment, and for the disposal of refuse.
line 9 (4) How food will be maintained at the required holding
line 10 temperatures, as specified in Section 113996, pending pickup by
line 11 consumer or during delivery.
line 12 (5) Days and times that the home kitchen may potentially be
line 13 utilized as a microenterprise home kitchen operation. The stated
line 14 days and times are not binding on the permitholder and shall be
line 15 used for information purposes only.
line 16 (d) (1) The enforcement agency shall issue a permit after an
line 17 initial inspection has determined that the proposed microenterprise
line 18 home kitchen operation and its method of operation comply with
line 19 the requirements of this chapter.
line 20 (2) An enforcement agency shall not require a microenterprise
line 21 home kitchen operation to comply with food safety requirements
line 22 that are different from, or in addition to, the requirements of this
line 23 chapter.
line 24 (e) For purposes of permitting, the permitted area includes the
line 25 home kitchen, onsite consumer eating area, food storage, utensils
line 26 and equipment, toilet room, janitorial or cleaning facilities, and
line 27 refuse storage area. Food operations shall not be conducted outside
line 28 of the permitted areas.
line 29 (f) An enforcement agency may require a microenterprise home
line 30 kitchen operation to renew its permit annually.
line 31 (g) A permit, once issued, is nontransferable. A permit shall be
line 32 valid only for the person and location specified by that permit,
line 33 and, unless suspended or revoked for cause, for the time period
line 34 indicated.
line 35 (h) The permit, or an accurate copy thereof, shall be retained
line 36 by the operator onsite and displayed at all times the microenterprise
line 37 home kitchen operation is in operation.
line 38 (i) An enforcement agency may collect a fee for the issuance
line 39 of a permit pursuant to this chapter in an amount that does not
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line 1 exceed the reasonable administrative costs by the enforcement
line 2 agency in issuing the permit.
line 3 SEC. 5. Section 114367.3 of the Health and Safety Code is
line 4 repealed.
line 5 SEC. 6. Section 114367.3 is added to the Health and Safety
line 6 Code, to read:
line 7 114367.3. (a) Notwithstanding any other law, a microenterprise
line 8 home kitchen operation shall only be subject to the three following
line 9 types of inspections by the enforcement agency:
line 10 (1) A routine inspection for the purpose of allowing the
line 11 enforcement agency to observe the permitholder engage in the
line 12 usual activities of a microenterprise home kitchen operation,
line 13 including, but not limited to, active food preparation. The
line 14 enforcement agency shall provide notice to a permitholder before
line 15 a routine inspection and shall conduct the routine inspection at a
line 16 mutually agreeable date and time. A microenterprise home kitchen
line 17 operation shall not be subject to more than one routine inspection
line 18 within 12 months. This paragraph shall not be deemed to require
line 19 the enforcement agency to conduct a routine inspection.
line 20 (2) An investigation inspection for the purpose of allowing the
line 21 enforcement agency to perform an inspection when the enforcement
line 22 agency has just cause that adulterated or otherwise unsafe food
line 23 has been produced or served by the microenterprise home kitchen
line 24 operation or that the permitholder has otherwise violated this part.
line 25 One or more consumer complaints may constitute just cause for
line 26 an investigation inspection. The enforcement agency shall provide
line 27 notice to a permitholder before an investigation inspection and
line 28 shall conduct the investigation inspection at a mutually agreeable
line 29 date and time.
line 30 (3) An emergency inspection for the purpose of allowing the
line 31 enforcement agency to perform a limited inspection when the
line 32 enforcement agency has just cause that the microenterprise home
line 33 kitchen operation poses a serious hazard or immediate threat to
line 34 public health. To the extent that notice of an emergency inspection
line 35 is reasonable under the circumstances, the enforcement agency
line 36 shall provide notice to a permitholder before an emergency
line 37 inspection. The scope of emergency inspection shall be limited in
line 38 duration and scope to address the facts giving just cause that the
line 39 microenterprise home kitchen operation poses a serious hazard or
line 40 immediate threat to public health.
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line 1 (b) The enforcement agency shall only inspect the permitted
line 2 area of the microenterprise home kitchen operation for the purpose
line 3 of enforcing or administering this part.
line 4 (c) The enforcement agency may seek recovery from a
line 5 microenterprise home kitchen operation of an amount that does
line 6 not exceed the enforcement agency’s reasonable costs of inspecting
line 7 the microenterprise home kitchen operation for compliance with
line 8 this part if the microenterprise home kitchen operation is found to
line 9 be in violation of this part.
line 10 SEC. 7. Section 114367.5 of the Health and Safety Code is
line 11 amended to read:
line 12 114367.5. (a) A person delivering food on behalf of a
line 13 microenterprise home kitchen operation with a permit issued
line 14 pursuant to Section 114367.2 shall be an employee of the
line 15 microenterprise home kitchen operation or a family member or
line 16 household member of the permitholder.
line 17 (b) Food produced in a microenterprise home kitchen operation
line 18 shall not be delivered by a third-party delivery service.
line 19 SEC. 8. Section 114367.6 of the Health and Safety Code is
line 20 amended to read:
line 21 114367.6. (a) An internet food service intermediary that lists
line 22 or promotes a microenterprise home kitchen operation on its
line 23 internet website or mobile application shall meet all of the
line 24 following requirements:
line 25 (1) Be registered with the department. A registration, once
line 26 issued, is nontransferable. A registration shall be valid only for
line 27 the person and type of business specified by that registration, and
line 28 unless suspended or revoked for cause by the department.
line 29 (2) Prior to the listing or publication of a microenterprise home
line 30 kitchen operation’s offer of food for sale, clearly and conspicuously
line 31 post on its internet website or mobile application the requirements
line 32 for the permitting of a microenterprise home kitchen specified in
line 33 this chapter, which shall be written at the high school level and be
line 34 provided by the department.
line 35 (3) Clearly and conspicuously post on its internet website or
line 36 mobile application the fees associated with using its platform in a
line 37 manner that allows both the consumer and the microenterprise
line 38 home kitchen operation to see and understand the amount being
line 39 charged for the services provided by the internet food service
line 40 intermediary. The internet food service intermediary shall notify
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line 1 the microenterprise home kitchen operation of any changes to these
line 2 fees exceeding a 2-percent increase in writing and no later than
line 3 one month before the changes take effect.
line 4 (4) Clearly and conspicuously post on its internet website or
line 5 mobile application whether or not it has liability insurance that
line 6 would cover any incidence arising from the sale or consumption
line 7 of food listed or promoted on its internet website or mobile
line 8 application.
line 9 (5) Provide a dedicated field on its platform for a microenterprise
line 10 home kitchen operation to post the permit number and the name
line 11 of the county of the enforcement agency that issued the permit.
line 12 (6) Clearly and conspicuously post on its internet website or
line 13 mobile application how a consumer can contact the internet food
line 14 service intermediary through its internet website or mobile
line 15 application if the consumer has a food safety or hygiene complaint
line 16 and a link to the department’s internet website that contains
line 17 information for how to file a complaint with the enforcement
line 18 agency.
line 19 (7) Submit the name and permit number of a microenterprise
line 20 home kitchen operation to the enforcement agency that issued the
line 21 permit to the microenterprise home kitchen operation if the internet
line 22 food service intermediary receives, through its internet website or
line 23 mobile application, three or more unrelated individual food safety
line 24 or hygiene complaints in a calendar year from consumers that have
line 25 made a purchase through its internet website or mobile application.
line 26 The internet food service intermediary shall submit this information
line 27 to the enforcement agency within two weeks of the third complaint
line 28 received.
line 29 (8) If it is notified by the enforcement agency of significant
line 30 food safety related complaints from a verified consumer that has
line 31 made a purchase through its internet website or mobile application,
line 32 submit to the enforcement agency the name and permit number of
line 33 microenterprise home kitchen operation where the food was
line 34 purchased, and a list of consumers who purchased food on the
line 35 same day from that microenterprise home kitchen operation through
line 36 its internet website or mobile application.
line 37 (9) Prior to the listing or publication of a microenterprise home
line 38 kitchen operation’s offer of food for sale, obtain consent from the
line 39 microenterprise home kitchen operation to make the disclosures
line 40 to government entities required pursuant to this section.
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line 1 (10) Shall not permit the use of the word “catering” or any
line 2 variation of that word in a listing or publication of a
line 3 microenterprise home kitchen operation’s offer of food for sale.
line 4 (11) Shall not use, or knowingly facilitate the use of, a
line 5 third-party delivery service for food produced by the
line 6 microenterprise home kitchen operation.
line 7 (b) For purposes of this chapter, an “internet food service
line 8 intermediary” means an entity that provides a platform on its
line 9 internet website or mobile application through which a
line 10 microenterprise home kitchen operation may choose to offer food
line 11 for sale and from which the internet food service intermediary
line 12 derives revenues, including, but not limited to, revenues from
line 13 advertising and fees for services offered to a microenterprise home
line 14 kitchen operation. Services offered by an internet food service
line 15 intermediary to a microenterprise home kitchen operation may
line 16 include, but are not limited to, allowing a microenterprise home
line 17 kitchen operation to advertise its food for sale and providing a
line 18 means for potential consumers to arrange payment for the food,
line 19 whether the consumer pays directly to the microenterprise home
line 20 kitchen operation or to the internet food service intermediary.
line 21 Merely publishing an advertisement for the microenterprise home
line 22 kitchen operation or food cooked therein does not make the
line 23 publisher an internet food service intermediary.
line 24 (c) (1) A microenterprise home kitchen operation that advertises
line 25 to the public, including, but not limited to, advertising by website,
line 26 internet, social media platform, newspaper, newsletter, or other
line 27 public announcement, shall include all of the following within the
line 28 advertisement:
line 29 (A) Name of the enforcement agency that issued the permit.
line 30 (B) Permit number.
line 31 (C) Statement that the food prepared is “Made in a Home
line 32 Kitchen” in a clear and conspicuous font and location within a
line 33 written advertisement and an audible and comprehensible manner
line 34 in a verbal advertisement.
line 35 (2) A microenterprise home kitchen operation shall not use the
line 36 word “catering” or any variation of that word in an advertisement
line 37 relating to the microenterprise home kitchen operation’s offer of
line 38 food for sale.
line 39 SEC. 9. No reimbursement is required by this act pursuant to
line 40 Section 6 of Article XIII B of the California Constitution because
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line 1 the only costs that may be incurred by a local agency or school
line 2 district will be incurred because this act creates a new crime or
line 3 infraction, eliminates a crime or infraction, or changes the penalty
line 4 for a crime or infraction, within the meaning of Section 17556 of
line 5 the Government Code, or changes the definition of a crime within
line 6 the meaning of Section 6 of Article XIII B of the California
line 7 Constitution.
line 8 SEC. 10. This act is an urgency statute necessary for the
line 9 immediate preservation of the public peace, health, or safety within
line 10 the meaning of Article IV of the California Constitution and shall
line 11 go into immediate effect. The facts constituting the necessity are:
line 12 To ensure a uniform implementation of the health and food safety
line 13 responsibilities of microenterprise home kitchen operations
line 14 throughout the state, it is necessary that this act take effect
line 15 immediately.
O
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