AB 412

This bill eliminates the authority of the Department of Agriculture, Trade and

Consumer Protection to regulate the activities of a bakery and the sale of baked

goods. Under current law, a food processing license is generally required to operate

certain facilities at which food is manufactured or prepared for sale through

processes such as baking, canning, freezing, and bottling, and DATCP may

promulgate rules governing the operation of those facilities. If the food will be sold

at retail at the same location as it was manufactured or prepared, a retail food

establishment license may also be required, and DATCP has authority to promulgate

rules governing those operations, as well. Under current law, a bakery is defined as

a place where a food product that has flour or meal as its principal ingredient is

baked, cooked, or dried, or is prepared or mixed for baking, cooking, or drying.

Under the bill, performing the activities of a bakery does not require a food

processing license and is not subject to rules promulgated by DATCP governing the

operation of facilities at which food is manufactured or prepared. In addition, the bill

provides that a bakery is not required to be licensed as a retail food establishment

and is not subject to rules promulgated by DATCP governing the operation of retail

food establishments.