AB-626 Microenterprise Home Kitchen Operations

AB-626 California Retail Food Code: MICROENTERPRISE HOME KITCHEN OPERATIONS

Amended January 22, 2018

The information below was taken directly from https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201720180AB626

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 these 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 (frees a person or organization) from an obligation or liability imposed on others), among others, a private home, including a registered or permitted cottage food operation, from the definition of a food facility. A violation of the California Retail Food Code is generally a misdemeanor.

This AB-626 bill would, among other things, include a microenterprise home kitchen operation within the definition of a food facility, and would define a microenterprise home kitchen operation to mean a food facility that is operated by a resident in a private home where food is prepared for a consumer and that meets specified requirements, including, among others, that the operation has no more than one full-time equivalent food employee and has no more than $50,000 in verifiable gross annual sales.

The bill would specify that a city or county, or city and county, shall have full discretion to authorize, by ordinance or resolution, the permitting of microenterprise home kitchen operations in accordance with the provisions of this bill. The AB-626 bill would require a microenterprise home kitchen operation to be considered a restricted food service facility for purposes of certain provisions of the code, except as otherwise provided.

The AB-626 bill would require the applicant for a permit to operate a microenterprise home kitchen operation to submit to the local enforcement agency written standard operating procedures that include specified information, including all food products that will be handled and the days and time times that the home kitchen will be utilized as a microenterprise home kitchen operation.

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The AB-626 bill would require an Internet food service intermediary, as defined, that lists or promotes a microenterprise home kitchen operation on its Internet Web site or mobile application to be registered with the department ) State Department of Public Health)  and to inform the microenterprise home kitchen operation of all requirements specified in these provisions prior to the publication of the microenterprise home kitchen operation’s offer of food for sale.

The bill would prohibit an Internet food service intermediary from being held liable for any personal injury resulting from the consumption of food from a microenterprise home kitchen operation, or from the failure of a microenterprise home kitchen operation to comply with federal, state, or local laws, among other things. The bill would also make conforming changes and related findings and declarations.

An “Internet food service intermediary” means an entity that provides a platform on its Internet Web site or mobile application through which a microenterprise home kitchen operation may offer food for sale and from which the Internet food service intermediary derives revenues, including, but not limited to, revenues from advertising and fees for services offered to a microenterprise home kitchen operation.

Services offered by an internet food service intermediary to a microenterprise home kitchen operation may include, but are not limited to, allowing a microenterprise home kitchen operation to advertise its food for sale and providing a means for potential consumers to arrange payment for the food, whether the consumer pays directly to the microenterprise home kitchen operation or to the Internet food service intermediary.

Merely publishing an advertisement for the microenterprise home kitchen operation or food cooked therein does not make the publisher an Internet food service intermediary.

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14367.6. (a) An Internet food service intermediary that lists or promotes a microenterprise home kitchen operation on its Internet Web site or mobile application shall meet all of the following requirements:

(1) Be registered with the department. The California State Department of Public Health, and requires local enforcement agencies to enforce these provisions.

(2) Inform the microenterprise home kitchen operation of all requirements specified in this chapter prior to the publication of the microenterprise home kitchen operation’s offer of food for sale.

(3) Be required to submit the name and permit number of a microenterprise home kitchen operation to the local enforcement agency if it receives food safety-related complaints from the local enforcement agency or a consumer that has made a purchase through its Internet Web site or mobile application.

(b) An Internet food service intermediary shall not be held liable for any of the following:

(1) Any personal injury resulting from the consumption of food from a microenterprise home kitchen operation, or from the failure of a microenterprise home kitchen operation to comply with federal, state, or local laws.

(2) For a microenterprise home kitchen operation’s violation of federal, state, or local laws, except to the extent that the Internet food service intermediary knowingly and actively participated in the violation.

(3) Any nuisance caused by a microenterprise home kitchen operation.

For more information contact:

California Department of Public Health

(800) 495-3232

FDBinfo@cdph.ca.gov

Contact Assembly Member Eduardo Garcia

Capitol Office, Room 4140

P.O. Box 942849, Sacramento, CA 94249-0056; (916) 319-2056

District Office

48220 Jackson Street, Suite A3, Coachella, CA 92236; (760) 347-2360

1101 Airport Road, Suite D, Imperial, CA 92251; (760) 355-8656

 

Contact Assembly Member Dr. Joaquin Arambula

Capitol Office, Room 5155

P.O. Box 942849, Sacramento, CA 94249-0031; (916) 319-2031

District Office

2550 Mariposa Mall, Suite 5031, Fresno, CA 93721; (559) 445-5532

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