Section § 58501

Explanation

This section defines key terms related to agricultural products and food distribution to help address hunger. An "agricultural product" is any type of food suitable for humans, such as vegetables or meat. A "food bank" is an organization that collects surplus food to give to nonprofits or people in need. A "nonprofit charitable organization" is one that is run for charitable purposes and meets specific tax requirements.

For purposes of this chapter:
(a)CA Food And Agriculture Code § 58501(a) “Agricultural product” means any fowl, animal, vegetable, or other stuff, product, or article which is customary food, or which is proper for food for human beings.
(b)CA Food And Agriculture Code § 58501(b) “Food bank” means a surplus food collection and distribution system operated and established to assist in bringing donated agricultural products to nonprofit charitable organizations and individuals for the purpose of reducing hunger and nutritional needs.
(c)CA Food And Agriculture Code § 58501(c) “Nonprofit charitable organization” means any organization which was organized and is operating for charitable purposes and meets the requirements set forth in Section 214 of the Revenue and Taxation Code.

Section § 58502

Explanation

This law allows businesses and individuals involved in processing, distributing, or selling agricultural products to donate these products, free of charge, to nonprofit charitable organizations in California. It also permits food facilities to donate food directly to recipients. Nonperishable and perishable foods past their shelf life are protected under the California Good Samaritan Food Donation Act if deemed safe for consumption, with perishable foods requiring a good faith assessment for wholesomeness. Additionally, the director can help direct agricultural products to support these charitable efforts.

(a)CA Food And Agriculture Code § 58502(a) A person or gleaner engaged in the business of processing, distributing, or selling an agricultural product may donate, free of charge, a product that is in a condition that it may be used as food for human consumption to a nonprofit charitable organization within the state. Food facilities may donate food directly to end recipients for consumption. The donation of nonperishable food that is fit for human consumption, but that has exceeded the labeled shelf life date recommended by the manufacturer is protected under the California Good Samaritan Food Donation Act. The donation of perishable food that is fit for human consumption, but that has exceeded the labeled shelf life date recommended by the manufacturer is protected under the California Good Samaritan Food Donation Act if the person that distributes the food to the end recipient makes a good faith evaluation that the food to be donated is wholesome.
(b)CA Food And Agriculture Code § 58502(b) To assist in accomplishing the purposes of this section, the director may divert agricultural products to organizations operating pursuant to this chapter.

Section § 58503

Explanation

This law allows county boards of supervisors to set up and promote a system for collecting and distributing surplus food. This system includes storage facilities and refrigeration equipment for food products and a 24-hour center for sharing information on available agricultural products. Nonprofit organizations needing these products can register with the center to get notified when food donations are available.

To assist in accomplishing the purposes of Section 58502, the board of supervisors of any county may establish, and publicize the availability of, a surplus food collection and distribution system, consisting of an inventory of storage facilities and refrigeration equipment that are available in the county for such purposes and a 24-hour information and food collection center for receiving and transmitting information as to where agricultural products are available or what organization desires or needs donated agricultural products, and for collecting, receiving, handling, storing, and distributing donated agricultural products. Any nonprofit charitable organization regularly needing agricultural products in its operations may be listed with such center for the purpose of being notified whenever such products are available.

Section § 58503.1

Explanation

To be considered a food bank, an organization in California must meet several requirements. These include having storage and refrigeration for donated food, being a nonprofit with tax-exempt status, keeping inventory records, having liability insurance, and proving local community support through funding and endorsements. Additionally, the board of directors should represent the community they serve.

In order to qualify as a food bank, an organization shall meet all of the following minimum standards:
(a)CA Food And Agriculture Code § 58503.1(a) It shall have access to storage facilities and refrigeration equipment for the purpose of collecting, receiving, handling, storing, and distributing donated agricultural products.
(b)CA Food And Agriculture Code § 58503.1(b) It shall be incorporated as a nonprofit tax exempt organization and be eligible as a charitable organization under paragraph (3) of subsection (c) of Section 501 of Title 26 of the United States Code or shall be affiliated with such an organization.
(c)CA Food And Agriculture Code § 58503.1(c) It shall maintain records for the proper control of inventory.
(d)CA Food And Agriculture Code § 58503.1(d) It shall demonstrate the availability of adequate liability insurance to cover the activities conducted pursuant to this chapter.
(e)CA Food And Agriculture Code § 58503.1(e) It shall show local support through funding sources, letters of endorsement, and a board of directors reflective of the community and population to be served.

Section § 58503.2

Explanation

This law allows the Director of General Services to help food banks by finding and giving them surplus buildings or equipment that the state doesn't need anymore, which they can use for their operations.

To assist in accomplishing the purposes of this chapter and to maximize use of state surplus equipment, the Director of General Services may assist a food bank by locating and providing available state surplus buildings or equipment necessary for the operation of a food bank.

Section § 58503.3

Explanation

This law ensures that other nonprofit organizations can continue distributing agricultural products to nonprofit charities without any restrictions from this chapter.

Nothing in this chapter restricts or limits the operation of any other nonprofit organizations which are engaged in the distribution of agricultural products to nonprofit charitable organizations.

Section § 58503.4

Explanation

This law ensures that programs following this chapter must support and not reduce the help provided to families and individuals under the Food Stamp Act of 1977.

Programs operated in accordance with this chapter shall complement, and not in any way lessen, assistance to families and individuals pursuant to the Food Stamp Act of 1977 (Chapter 51 (commencing with Section 2011) of Title 7 of the United States Code).

Section § 58504

Explanation

County supervisors can allow the county health officer to inspect food products before they are donated, but only if the recipient requests it. This is to make sure the food is safe for people to eat.

The board of supervisors may provide for the inspection of such products by the county health officer, upon request of the donee, prior to delivery by the donor to determine whether such products may be used as food for human beings.

Section § 58505

Explanation

This law says that if a county or county agency, or a person gives away an agricultural product (like fruits or vegetables), they generally aren't responsible if someone gets hurt from eating it. The only exceptions are if the injury comes from gross negligence (really careless behavior) or a willful act (deliberate action). So, as long as they're not being extremely careless or doing something on purpose, they won't be held liable for any harm from the donation.

Except for any injury resulting from gross negligence or willful act, no county or agency of a county established pursuant to this chapter and no person who donates any agricultural product shall be liable for any injury, including, but not limited to, injury resulting from the ingesting of such agricultural product, as a result of any act, or the omission of any act, in connection with donating any product pursuant to this chapter.

Section § 58507

Explanation

If a nonprofit charity receives agricultural products, they can't sell or transport them out of California unless they don’t meet certain quality standards; in which case they can be sent out of state following specific rules. Products that meet all quality standards are unaffected by this rule.

Also, neither individuals nor public agency employees can sell or use these donated agricultural products except the recipients who receive them as charitable help.

Breaking this law could lead to a fine of up to $1,000.

(a)CA Food And Agriculture Code § 58507(a) Any nonprofit charitable organization, that receives any agricultural product pursuant to this chapter, shall not sell or offer to sell any such agricultural product nor move or transfer such product out of the state, provided that any product that does not comply with the requirements of Division 17 (commencing with Section 42501) which is received by a charitable organization situated in this state may be shipped out of the state by such organization in accordance with regulations of the director to assure compliance with the purposes of this chapter.
This subdivision does not apply to agricultural products which comply with all maturity, quality, size, standard pack, container and labeling requirements of Division 17 (commencing with Section 42501).
(b)CA Food And Agriculture Code § 58507(b) No person and no employee of a public agency shall sell, offer for sale, use, or consume any agricultural product donated or distributed pursuant to this chapter, except the recipient of an agricultural product provided as charitable assistance by a nonprofit charitable organization who shall use or consume the agricultural product provided.
(c)CA Food And Agriculture Code § 58507(c) Any violation of this section is punishable by a fine not exceeding one thousand dollars ($1,000).

Section § 58508

Explanation

This law requires the board of supervisors to ensure that when distributing agricultural products from food collection centers, these products are not given to organizations that have the means to buy them. The purpose is to make sure public resources go to those who genuinely need them.

In operating an information and food collection center pursuant to this chapter, the board of supervisors shall provide for the screening of donees to assure that agricultural products which are distributed at public expense are not donated to organizations that are capable of purchasing them.

Section § 58509

Explanation

This law section outlines the creation of a Food Bank Advisory Committee in California, established through collaboration between state authorities and representatives from food banks and the food industry.

Four food bank representatives (two from northern California and two from southern California) and two food industry representatives (a wholesaler and a manufacturer) will form the committee.

These members are selected by the Governor. Committee members who are not state employees will be reimbursed for expenses incurred while attending meetings.

The committee's responsibilities include advising the Department of Food and Agriculture on setting up new food banks and ensuring the efficient distribution of surplus food across the state.

(a)CA Food And Agriculture Code § 58509(a) The Secretary of Food and Agriculture shall consult with four food bank representatives, two from the northern portion of the state, all of whom have been active members of a nationwide network of food banks for a minimum of two years immediately prior to appointment, and two from the southern portion of the state, all of whom have been active members of a nationwide network of food banks for a minimum of two years immediately prior to appointment, and two food industry representatives, one wholesaler and one manufacturer, all of whom shall be selected by the Governor and referred to as the Food Bank Advisory Committee.
(b)CA Food And Agriculture Code § 58509(b) Members of the committee who are not state employees shall be paid per diem for their actual expenses in attending committee meetings.
(c)CA Food And Agriculture Code § 58509(c) The committee shall do all of the following:
(1)CA Food And Agriculture Code § 58509(c)(1) Advise the Department of Food and Agriculture in the establishment of new food banks.
(2)CA Food And Agriculture Code § 58509(c)(2) Advise in the adequate and efficient distribution of surplus food commodities to all areas of the state.