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ASSEMBLY BILL 2168

ASSEMBLY BILL 2168. FIELD RETAIL STANDS & FARM STANDS: What’s the Difference?. Permits and Licenses. Field Retail Stand – exempt from retail food facility Health Permit Section 113789 (c) (6) Farm Stand – requires retail food facility Health Permit Section 113789 (b) (10).

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ASSEMBLY BILL 2168

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  1. ASSEMBLY BILL 2168 FIELD RETAIL STANDS & FARM STANDS: What’s the Difference?

  2. Permits and Licenses • Field Retail Stand – exempt from retail food facility Health Permit Section 113789 (c) (6) • Farm Stand – requires retail food facility Health Permit Section 113789 (b) (10)

  3. New Definitions • PRODUCE: whole edible portion of a plant in its raw and natural state • PRODUCER: a person or entity who produces shell eggs or edible plants by the practice of agricultural arts ……

  4. FIELD RETAIL STAND • Sales site operated by a farmer where only whole produce that has been grown by the farmer and/or shell eggs from the farm are offered for sale. • Sales site must be on premises controlled by the farmer

  5. FARM STAND • New category of retail food facility • Must have local agency Health Permit to operate • Can sell: • Limited amount of convenience/snack foods • Unlimited amount of “Value Added” prepackaged non-PHF

  6. FARM STAND REQUIREMENTS Requirements for convenience/snack foods: • Only non PHF prepackaged foods • “Approved Source” • Labeling • Limited to 50 square feet of combined storage and sales display

  7. FARM STANDREQUIREMENTS Requirements for Value Added food products: • Only non-PHF prepackaged foods • Produce ingredients grown in “close proximity” to the farm stand • Products from an “approved source” • Labeling

  8. FARM STANDREQUIREMENTS • No floors, walls, or ceiling required • No hard plumbed potable water source required • No fixed connection to an approved septic system or sewer required

  9. Protection from Contamination AB 2168 also references the generic CalCode Section 113980: “All food must be manufactured, produced,…..kept for sale…… so as to be free from adulteration….shall be protected from dirt, vermin, …..droplet contamination,….. or other sources of environmental contamination……..”.

  10. FARM STAND REQUIREMENTS • Storage of prepackaged processed food products in an “approved vermin proof area or container when the farm stand is closed.” Section 114375 (f) • No live animals/birds/fowl within 20 feet of a farm stand and any storage area(s) Section 114375 (d)

  11. So what about food samples?

  12. FARM STAND REQUIREMENTS • No food preparation allowed but if any food samples are offered: 1. A written sampling protocol is required Section 114371 (b) (1-8) 2. “Approved” toilet and handwashing facilities are required Section 113310

  13. Approved? +

  14. How about this set up? +

  15. Farm Stand Toilet and Handwashing Requirements Health and Safety Code Sections 113310 – 113360 • Clean field toilets with toilet paper • Hand washing facility with water and cleansing agent • Sanitary disposal of waste and waste water • Conveniently located (5 minute walk)

  16. APPROVED SOURCE:PROCESSING KITCHEN Section 114375 (c) (2): • Health Permit from local EH agencies and/or • Processed Food Registration (PFR) from California Department of Public Health – Food and Drug Branch: http://www.cdph.ca.gov/programs/Pages/ FDB%20ProcessedFoods.aspx

  17. APPROVED SOURCE:PROCESSING KITCHEN • FDB Cannery License required: • Low Acid Canned Foods • pH Controlled Acidified Foods http://www.cdph.ca.gov/programs/Pages/fdbCAN.aspx

  18. Questions about Farm Stands?

  19. AB 2588 Allows local ordinances to regulate food vending from vehicles

  20. AB 2588 • Amended Sections 113709 & 114315 • Allows local public safety ordinances for mobile food facilities to regulate: • The type of food vending • The time, place, and manner of food vending • Now consistent with CA Vehicle Code Section 22455

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