El Dorado County Municipal Code Ch. 8.82 Local Food

This chapter shall be known and may be cited as the Local Food and Community Self-Governance Ordinance.

(Ord. No. 4990, § 1, 12-18-2012)

The ordinance from which this chapter is derived is adopted pursuant to the authority granted by Article 11, Section 7 of the Constitution of the State of California.

(Ord. No. 4990, § 2, 12-18-2012)

The purpose of this chapter is to:

A. Provide citizens with access to local food unimpeded by local regulation.

B. Enhance the local economy by promoting the production and purchase of local agricultural products.

C. Protect access to family farm based sales and direct producer to patron sales.

D. Support the economic viability of local food producers and processors.

E. Preserve local knowledge and traditional food ways.

(Ord. No. 4990, § 3, 12-18-2012)

This chapter is based on the following premises and principles:

A. Right to access and produce food. County citizens possess the right to produce, process, sell, purchase and consume local foods of their choosing.

B. Right to ownership. County citizens have the right to own livestock animals, in whole or in part, and keep them in accordance with the zoning provisions of Title 130.

(Ord. No. 4990, § 4, 12-18-2012)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Family farm means a farm located in the County which satisfies the following conditions:

1. It consists of one or more adjacent parcels;

2. The farm serves as the primary residence of the owner/operator of the farm;

3. The only sale of food or food products made by the farm is of food or food products grown on the farm, or produced or processed on the farm from food or food products grown on the farm;

4. All food or food products sold from the farm are sold directly to patrons for home consumption;

5. All sales are made on-site directly to patrons (no off-site facilities for sales);

6. The farm uses no motorist oriented sales devices such as storefronts or roadside stands; and

7. The farm owner/operator engages in no off-site advertisement, media advertisement or advertisement by mailers or similar means, except that nothing herein shall be deemed to prohibit the owner or operator of a family farm from maintaining a website for the purpose of identifying the family farm.

Home consumption means consumed within a private home or personally by a patron.

Livestock boarding means the housing, feeding, caring for and tending to livestock owned by another person, with or without compensation, which person retains the right to receive (not purchase) all or a portion of the livestock's produce (e.g., milk, eggs, wool, manure) for their own personal use and not for resale. The owners of the livestock shall have a direct ownership interest in the animal or animals. The term "livestock boarding" shall include the packaging and delivery of the products derived from such animals by the person housing such animal to the owner of that animal for the owner's personal consumption or use.

Local foods means any food or food product that is grown, produced or processed by individuals on a family farm within the County, which is sold directly to patrons through family farm-based sales, private agreement, or private food buying clubs. The point of sale of all local foods shall be the family farm where the local foods are grown, produced or processed.

Patron means an individual who is the person to purchase any local food product or preparation directly from an original processor or producer (one who is not reselling the local food product) and who does not resell the product or preparation.

Private food buying club means an association of patrons who organize to purchase products directly from producers/processors.

Processor means an individual residing on a family farm in the County, who processes or prepares products of the soil or animals, grown or produced on that family farm by the processor, for food or drink, for sale only to patrons for home consumption. To qualify as a processor, a person must comply with all of the conditions for establishment of a family farm.

Producer means any farmer or gardener, in the County, who grows any plant or animal for food or drink, on a family farm within the County, for sale only to patrons at the family farm where the local foods are grown, produced or processed. To qualify as a producer, a person must comply with all of the conditions for establishment of a family farm.

(Ord. No. 4990, § 5, 12-18-2012)

The County shall not adopt any ordinance, resolution or regulation providing for licensing or inspection of the growing, production and processing of local foods on family farms in the County. The growing, production and processing of local foods on family farms in the County are exempt from any existing County licensing and inspection requirements, provided that that the family farms meet the definition contained in Section 8.82.050. This exemption from licensing and inspection applies only to the activity of growing, producing and processing local foods. It is not intended to exempt the property on which it is conducted from generalized permitting or inspection requirements such as building permits, nor is it intended to exempt activities conducted on the property other than growing, producing or processing local foods from any regulation of this Code. Notwithstanding the provisions of this chapter, the growing, production and processing of local foods on family farms shall be subject to all of the provisions of: Title 5 (Business Taxes, Licenses and Regulations); Title 6 (Animals); Chapter 8.12 (Agricultural Pest Control); Title 9, (Public Peace, Morals and Welfare); Title 130, (Zoning); and any lawfully issued order of the County Agricultural Commissioner or other duly authorized official of the County. Nothing in this chapter shall prevent a duly authorized official of the County from conducting an inspection of a family farm where reasonable cause exists to believe that a health hazard exists on the property, including in the sale, preparation or processing of food on the farm.

(Ord. No. 4990, § 6, 12-18-2012)

The County shall not adopt any ordinance, resolution or regulation prohibiting the practice of livestock boarding in the County. This exemption from licensing and inspection applies only to the activity of livestock boarding. It is not intended to exempt the property on which it is conducted from generalized permitting or inspection requirements such as building permits, nor is it intended to exempt activities conducted on the property other than livestock boarding from any regulation of this Code. Notwithstanding the provisions of this chapter, livestock boarding shall be subject to all of the provisions of: Title 5 (Business Taxes, Licenses and Regulations); Title 6 (Animals); Title 9, (Public Peace, Morals and Welfare); Title 130, (Zoning); and any lawfully issued order of the County Agricultural Commissioner or other duly authorized official of the County.

(Ord. No. 4990, § 7, 12-18-2012)

A. The Board of Supervisors expresses its strong desire that local food producers and processors be allowed to conduct their activities without licensure or inspection by State agencies. The County will oppose, through lobbying and other lawful means, the adoption of State legislation or regulations which impose licensing or inspection requirements upon local food producers or processors in the County. The County may, in appropriate cases, seek to litigate the validity of such legislation or regulations.

B. However, it is not the intent of this chapter to attempt to abrogate or negate the effectiveness of Federal or State law in the County. This chapter shall not apply to any ordinance, resolution or regulation adopted for the purpose of complying with Federal or State law. Nor shall this chapter be interpreted to interfere with the performance by any County official of duties and responsibilities delegated to him or her under Federal or State law.

(Ord. No. 4990, § 8, 12-18-2012)

The County may enforce the provisions of this chapter through seeking equitable relief from a court of competent jurisdiction. Any individual citizen of the County shall have standing to vindicate any rights secured by this chapter which have been violated or which are threatened with violation, and may seek relief both in the form of injunctive relief from a court of competent jurisdiction.

(Ord. No. 4990, § 9, 12-18-2012)