Chapter 12.5. Farm Stands And Community Food Production of California Health And Safety Code >> Division 104. >> Part 7. >> Chapter 12.5.
Farm stands shall be in conformity with the definition and
provisions of Section 113778.2 and meet all of the following
requirements:
(a) Food preparation is prohibited at farm stands with the
exception of food samples which may only occur if conducted in
accordance with paragraphs (1) to (8), inclusive, of subdivision (b)
of Section 114371.
(b) Approved toilet and handwashing facilities consistent with
Article 4 (commencing with Section 113310) of Chapter 11 of Part 6
shall be available for use by farm stand operators or their employees
when food sampling is conducted pursuant to subdivision (a).
(c) Food sales from farm stands shall be limited to the following:
(1) Whole produce and shell eggs as described in paragraph (6) of
subdivision (c) of Section 113789.
(2) Nonpotentially hazardous prepackaged food products from an
approved source that were grown or produced in close proximity to the
farm stand and in a manner consistent with the intent of Chapter
10.5 (commencing with Section 47000) of Division 17 of the Food and
Agricultural Code.
(3) Any nonpotentially hazardous prepackaged food products,
including bottled water and soft drinks, from an approved source that
has not been grown or produced in close proximity to the farm stand
shall be limited to a 50-square-foot storage and sales area.
(d) No live animals, birds, or fowl shall be kept or allowed
within 20 feet of any area where food is stored or held for sale.
This subdivision does not apply to guide dogs, signal dogs, or
service dogs when used in the manner specified in Section 54.1 of the
Civil Code.
(e) All garbage and refuse shall be stored and disposed of in an
appropriate manner.
(f) All prepackaged processed food products shall meet the
applicable requirements provided in Section 113980 and be stored in
an approved vermin proof area or container when the farm stand
facility is closed.
(a) A community food producer may sell or provide whole
uncut fruits or vegetables, or unrefrigerated shell eggs, directly to
the public, to a permitted food facility, or a cottage food
operation if the community food producer meets all of the following
requirements:
(1) Agricultural products shall be grown or produced in compliance
with subdivision (b) of Section 113735.
(2) Agricultural products that are packaged shall have the package
labeled with the name and address of the community food producer.
(3) Conspicuous signage shall be provided in lieu of a product
label if the agricultural product is being sold by the community food
producer on the site of production. The signage shall include, but
not be limited to, the name and address of the community food
producer.
(4) Best management practices, as described by the Department of
Food and Agriculture, regarding small farm food safety guidelines on,
but not limited to, safe production, processing, and handling of
both nonpotentially hazardous and potentially hazardous foods.
(5) Egg production shall be limited to 15 dozen eggs per month.
(b) (1) A gleaner may sell or provide whole uncut fruits or
vegetables, or unrefrigerated shell eggs, produced by a community
food producer directly to the public without registration if the
gleaner meets all of the requirements specified in subdivisions (a)
and (d).
(2) A gleaner may donate whole uncut fruits or vegetables, or
unrefrigerated shell eggs, produced by a community food producer to a
food bank or food kitchen without registration if it meets both of
the following requirements:
(A) Best management practices, as described by the Department of
Food and Agriculture, regarding small farm food safety guidelines on
handling of both nonpotentially hazardous and potentially hazardous
foods.
(B) Record retention requirements specified in subdivision (d).
(c) Unless otherwise authorized by a local ordinance adopted by a
local jurisdiction, a local city or county health enforcement office
shall not require a community food producer to register with the city
or county or meet requirements in addition to those required in
subdivisions (a) and (d) if the community food producer meets any of
the following conditions:
(1) Agricultural products are sold at the outlet or location,
including, but not limited to, premises, controlled by the community
food producer pursuant to paragraph (6) of subdivision (c) of Section
113789.
(2) Agricultural products are donated to a food bank or food
kitchen that provides food at no cost to consumers.
(3) Agricultural products are sold in a food facility permitted by
a federal, state, or local health agency.
(d) A community food producer or gleaner that sells or provides
whole uncut fruits or vegetables, or unrefrigerated shell eggs,
directly to the public pursuant to this section shall retain records
related to the sale or provision of the food for 30 days, which shall
include the type of food sold and the date of sale.
(e) A food bank or food kitchen that receives whole uncut fruits
or vegetables, or unrefrigerated shell eggs, donated by a community
food producer or gleaner pursuant to this section shall retain
records related to the donation of the food for 30 days, which shall
include the type of food received, the date of receipt, and the name
and contact information of the community food producer or gleaner
that donated the food.
(a) An enforcement officer, as defined in Section 113774,
may enter into and inspect the operations of a community food
producer or gleaner in response to a food safety recall or food
safety complaint. The enforcement officer may recover reasonable
costs associated with an inspection from the community food producer
or gleaner.
(b) (1) An enforcement officer may issue a community food producer
or gleaner a cease and desist order for violations of Section
114376, upon which the community food producer or gleaner shall be
prohibited from further sales until the operations of the community
food producer or gleaner have been reinspected and cleared by the
enforcement officer's agency.
(2) At any time within 15 calendar days after issuance of the
cease and desist order, the community food producer or gleaner may
request in writing a hearing before a hearing officer to show cause
why the prohibition of further sales is not warranted. The hearing
shall be held within 15 calendar days of the receipt of a request for
a hearing. A failure to request a hearing within 15 calendar days
shall be deemed a waiver of the right to a hearing.
(c) Violations of Section 114376 shall be subject to the penalties
specified in Section 114395.