About AB1990 (Food Production)
The Food Production law (AB 1990, Gordon) went into effect on January 1, 2015, as part of the movement to increase community access to fresh, locally grown produce. This law authorizes a "Community Food Producer" or a "Gleaner," to be recognized as an approved food source, unless prohibited by a local ordinance. A Community Food Producer can sell or provide whole uncut fruits or vegetables and up to 15 dozen shell eggs per month directly to the public, permitted restaurants, food banks, and cottage food operators.
A "Community Food Producer" is someone who grows produce on land not zoned for a farm, however, complies with applicable local land use and zoning law restrictions on personal gardens, community gardens, school gardens, and culinary gardens (California Health and Safety Code (CHSC) Section 113752).
A "Gleaner" is a person who has legal permission from an owner to gather the remains of an agricultural crop after it has been harvested. (CHSC, Section 113796).
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 a Public Health Permit or registering with the Department of Public Health, if the following are met:
- Agricultural products are grown or produced from an approved source (subdivision (b) of Section 113735),
- Packaged produce are labeled with the name and address of the community food producer
- Noticeable signage of the name and address of the community food producer is provided if the agricultural products are being sold on the site of production by the community food producer,
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The food is grown according to the Food Safety Guidelines for Small Farms published by the California State Department of Food and Agriculture. These guidelines provide Best Management Practices (BMPs) to protect food safety,
Note: Cutting beyond that required during harvesting is considered food processing and not allowed in the operation of Community Food Producers or Gleaners. For example, cutting lettuce to harvest is allowed, but cutting it further to make a salad mix is not allowed.
- Egg production is limited to 15 dozen eggs per month, and
- Records on sale are retained for 30 days, including the type of food sold and the date of sale.
A Community Food Producer may operate without a Public Health Permit or registering with the Department of Public Health, if they meet the requirements listed above for a Gleaner and if any of the following are met:
- Agricultural products are sold at the outlet or location, including the premises controlled by the community food producer. (Paragraph (6) of subdivision (c) of Section 113789);
- Agricultural products are donated to a food bank or food kitchen that provides food at no cost to consumers; or
- Agricultural products are sold in a food facility permitted by a federal or State food safety agency or department, or the Los Angeles County Department of Public Health, Environmental Health Division.
Read AB1990 as adopted.
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