California Homemade Food Act

Last updated

The California Homemade Food Act is a law that legalizes the manufacture and sale of certain homemade food products. [1] Introduced as bill AB1616, the California Homemade Food Act was signed by Governor Jerry Brown and became law effective January 1, 2013.

Contents

Prior to the enactment of the California Homemade Food Act, entrepreneurs were subjected to the same regulations as commercial restaurants and bakeries. Food safety laws forced owners to have to rent part of a retail kitchen and prepare all of their products there. [2] Rental costs, along with the costs of complying with other health regulations, made it difficult for small-scale homemade food businesses to turn a profit. This law allows home cooks to run enterprises, termed a Cottage Food Operation or a "CFO", that manufacture "low-risk" foods from within the individual's home. [3] These "low-risk" foods must be less susceptible to bacterial growth that could cause food poisoning; they must be able to stay fresh without needing refrigeration. For this reason, Cottage Food Operations are still barred from selling dairy products and meat. [4] [5] The California Department of Public Health has compiled a list of "low-risk" foods, which are approved for a CFO to produce, prepare, package, and peddle to customers out of their "private home". A CFO is limited to producing and selling foods found on this list. A "private home" can be either owned or rented by the operator of the CFO, and thus includes both houses and apartments.

The California Homemade Food Act also relaxes many zoning restrictions for CFOs, since traditional bakeries would not be allowed to operate out of a residential area. Nevertheless, Cottage Food Operations will still have to apply for a permit from the County Department of Health and follow numerous other regulations set under the law. [4] [6]

Legislative history

On February 8, 2012, Mike Gatto, the assemblyman for the 43rd district, introduced the California Homemade Food Act on to the floor of the California State Assembly. [7] Gatto authored the bill in response to the closure of a cottage food business of one of his constituents. Mark Stambler's [8] homemade bread business was deemed in violation of food safety laws by the Los Angeles County Department of Public Health and forced to shut down. Gatto's bill sought a state-wide standardization of food safety laws for cottage food industries while curbing regulations Gatto called "paradoxical and nonsensical." [9] [10]

The Assembly passed the bill on May 29, 2012, by a vote of 56–19 with 5 members not voting. The Senate passed the bill along with several amendments on August 30, 2012, by the unanimous vote of the 34 senators present (6 senators did not vote). The Senate amendments required the bill to return to the Assembly, which approved the amended version on August 30 by a vote of 60–16 with 4 Assemblymen not voting. No Assembly members who supported the bill in the first vote opposed the bill in the second vote. There were two assembly members, Connie Conway and Jim Nielsen, who voted against the bill in the first vote but subsequently voted for the bill in the second vote. [7]

Governor Jerry Brown signed the California Homemade Food Act into law on September 21, 2012. Brown praised the bill as a measure to facilitate hiring by California businesses. [11]

See also

Related Research Articles

Proposition 65 is a California law passed by direct voter initiative in 1986 by a 63%–37% vote. Its goals are to protect drinking water sources from toxic substances that cause cancer or birth defects and to reduce or eliminate exposures to those chemicals generally, such as in consumer products, by requiring warnings in advance of those exposures, with the intended goal being that companies choose to reformulate their products without the substances rather than simply providing notice of such substances in their product.

<span class="mw-page-title-main">Government of Maryland</span> State government of the United States

The government of Maryland is conducted according to the Maryland Constitution. The United States is a federation; consequently, the government of Maryland, like the other 49 state governments, has exclusive authority over matters that lie entirely within the state's borders, except as limited by the Constitution of the United States.

<span class="mw-page-title-main">Mark Leno</span> American politician (born 1951)

Mark Leno is an American politician who served consecutively in both houses of the California State Legislature from 2002 to 2016. A Democrat, he represented the 11th Senate district, which includes San Francisco and portions of San Mateo County, from 2012 to 2016. Until the 2010 redistricting came into effect, he represented the 3rd Senate district (2008–2012). Prior to being elected to the State Senate in 2008, Leno served in the California State Assembly, representing the 13th district.

<span class="mw-page-title-main">Consumer Federation of California</span>

The Consumer Federation of California (CFC) is a nonprofit consumer advocacy organization founded in 1960. CFC campaigns for state and federal laws and appears at the California state legislature in support of consumer-focused regulations. The Consumer Federation of California is led by Executive Director Robert Herrell and President Richard Holober.

<span class="mw-page-title-main">Darrell Steinberg</span> Mayor of Sacramento, California, United States

Darrell Steven Steinberg is an American politician and attorney who is the 56th mayor of Sacramento, California since December 2016. He was elected to be mayor on June 7, 2016. Before that, he was California Senate President pro Tempore and the leader of the majority party in the California State Senate from 2008 to 2014.

The California Code of Regulations is the codification of the general and permanent rules and regulations announced in the California Regulatory Notice Register by California state agencies under authority from primary legislation in the California Codes. Such rules and regulations are reviewed, approved, and made available to the public by the Office of Administrative Law (OAL), and are also filed with the Secretary of State.

<span class="mw-page-title-main">California Department of Food and Agriculture</span>

The California Department of Food and Agriculture (CDFA) is a cabinet-level agency in the government of California. Established in 1919 by the California State Legislature and signed into law by Governor William Stephens, the Department of Food and Agriculture is responsible for ensuring the state's food safety, the protection of the state's agriculture from invasive species, and promoting the California agricultural industry.

<span class="mw-page-title-main">John Pérez</span> American union organizer and politician (born 1969)

John A. Pérez is an American union organizer and politician. He has been a Regent of the University of California since November 17, 2014, previously serving as the 68th Speaker of the California State Assembly from March 1, 2010, to May 12, 2014. A member of the Democratic Party, he represented the 46th district (2008–2012) and 53rd district (2012–2014) in the California State Assembly.

<span class="mw-page-title-main">2008 California Proposition 2</span>

Proposition 2 was a California ballot proposition in that state's general election on November 4, 2008. It passed with 63% of the votes in favor and 37% against. Submitted to the Secretary of State as the Prevention of Farm Animal Cruelty Act, the initiative's name was amended to officially be known as the Standards for Confining Farm Animals initiative. The official title of the statute enacted by the proposition is the Prevention of Farm Animal Cruelty Act.

Consumer protection is the practice of safeguarding buyers of goods and services, and the public, against unfair practices in the marketplace. Consumer protection measures are often established by law. Such laws are intended to prevent businesses from engaging in fraud or specified unfair practices to gain an advantage over competitors or to mislead consumers. They may also provide additional protection for the general public which may be impacted by a product even when they are not the direct purchaser or consumer of that product. For example, government regulations may require businesses to disclose detailed information about their products—particularly in areas where public health or safety is an issue, such as with food or automobiles.

The California Department of Resources Recycling and Recovery is a branch of the California Environmental Protection Agency that oversees the state's waste management, recycling, and waste reduction programs. CalRecycle was established in 2010 to replace the California Integrated Waste Management Board. It is known for administering the California Redemption Value (CRV) program, among other responsibilities.

<span class="mw-page-title-main">Steven Bradford</span> American politician

Steven Craig Bradford is an American politician currently serving in the California State Senate. He is a Democrat representing the 35th district, encompassing parts of Los Angeles County. Prior to his election to the state senate, he was an assemblymember for the 62nd district of the California State Assembly. Bradford was elected to represent the 51st district in a special election held on September 1, 2009, after Curren Price resigned his seat to take a seat in the California State Senate. He was re-elected in 2010 and, with 72% of the vote, was elected once more to represent the brand new 62nd District, comprising the communities of Del Aire, Del Rey, El Segundo, Gardena, Hawthorne, Inglewood, Lawndale, Lennox, Marina del Rey, West Athens, Westchester, Westmont and Venice Beach.

<span class="mw-page-title-main">Mike Gatto</span> American politician

Michael Anthony Gatto is an American politician, who served in the California State Assembly from 2010 to 2016. A member of the Democratic Party, data analyses of the voting records conducted by the Sacramento Bee newspaper concluded that Gatto was one of the most independent state lawmakers.

<span class="mw-page-title-main">Phil Ting</span> American politician

Philip Yu-Li Ting is an American politician currently serving in the California State Assembly. He is a Democrat representing the 19th Assembly District, which encompasses western San Francisco and northwestern San Mateo County. Prior to being elected to the Assembly in 2012, he was the Assessor-Recorder of San Francisco.

<span class="mw-page-title-main">FDA Food Safety Modernization Act</span> 2011 United States law

The Food Safety Modernization Act (FSMA) was signed into law by President Barack Obama on January 4, 2011. The FSMA has given the Food and Drug Administration (FDA) new authority to regulate the way foods are grown, harvested and processed. The law grants the FDA a number of new powers, including mandatory recall authority, which the agency had sought for many years. The FSMA requires the FDA to undertake more than a dozen rulemakings and issue at least 10 guidance documents, as well as a host of reports, plans, strategies, standards, notices, and other tasks.

<span class="mw-page-title-main">LGBT rights in California</span>

California is seen as one of the most liberal states in the U.S. in regard to lesbian, gay, bisexual, and transgender (LGBT) rights, which have received nationwide recognition since the 1970s. Same-sex sexual activity has been legal in the state since 1976. Discrimination protections regarding sexual orientation and gender identity or expression were adopted statewide in 2003. Transgender people are also permitted to change their legal gender on official documents without any medical interventions, and mental health providers are prohibited from engaging in conversion therapy on minors.

<span class="mw-page-title-main">Scott Wiener</span> American politician (born 1970)

Scott Wiener is an American politician who has served in the California State Senate since 2016. A Democrat, he represents the 11th district, encompassing San Francisco and parts of San Mateo County.

<span class="mw-page-title-main">Rob Bonta</span> American politician (born 1972)

Robert Andres Bonta is an American lawyer and politician serving as the attorney general of California since 2021. A member of the Democratic Party, he previously served as a member of the California State Assembly for the 18th district from 2012 to 2021 and as a member of the Alameda City Council from 2010 to 2012.

<span class="mw-page-title-main">David Chiu (politician)</span> American politician

David Sen-Fu Chiu is an American politician currently serving as the City Attorney of San Francisco. Previously, he served in the California State Assembly as a Democrat representing the 17th Assembly District, which encompasses the eastern half of San Francisco. Chiu was Chair of the Assembly Housing and Community Development Committee, a position he held from 2016 to 2021, and the former chair of the California Asian & Pacific Islander Legislative Caucus.

<span class="mw-page-title-main">2020 California elections</span>

The California state elections in 2020 were held on Tuesday, November 3, 2020. Unlike previous election cycles, the primary elections were held on Super Tuesday, March 3, 2020.

References

  1. ↑ Camp, Scott (17 March 2013). "Cottage Food Law Explained". Santa Barbara Independent, inc. Retrieved 13 April 2013.
  2. ↑ Duggan, Tara (12 January 2013). "Selling home-baked goods now legalized". San Francisco Chronicle. Hearst Communications Inc. Retrieved 13 April 2013.
  3. ↑ "California Homemade Food Act Frequently Asked Questions". California Conference of Directors of Environmental Health. 1 November 2012. Archived from the original on 2013-10-29. Retrieved 13 April 2013.
  4. 1 2 McEwen, Stephen A. "The California Homemade Food Act: Cottage Food Operations Arrive In California" (PDF). Public Law Update. 7 (1). Burke, Williams, and Sorenson, LLP: 2–8. Archived from the original (PDF) on 29 October 2013. Retrieved 13 April 2013.
  5. ↑ Gansky, Lisa (28 September 2012). "New California law kickstarts home-based food businesses". The Christian Science Monitor. Retrieved 13 April 2013.
  6. ↑ Hallock, Betty (10 December 2012). "Jam on: California Homemade Food Act goes into effect in January". Los Angeles Times. Retrieved 13 April 2013.
  7. 1 2 "AB-1616 Food safety: cottage food operations. (2011-2012)". California Legislative Information. Retrieved 11 May 2013.
  8. ↑ Knutzen, Erik (October 4, 2012). "California Homemade Food Act Signed Into Law!".
  9. ↑ Short, April M. (3 April 2012). "Homemade in California". Santa Cruz Good Times. Retrieved 11 May 2013.
  10. ↑ Mantle, Larry (1 June 2012). "California bill would give local food producers legitimacy". AirTalk. Southern California Public Radio. Retrieved 11 May 2013.
  11. ↑ "Governor Brown Signs Legislation To Bolster Business". Office of Governor Edmund G. Brown Jr. 21 September 2012. Archived from the original on 8 March 2013. Retrieved 11 May 2013.
This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.