Non-Ultraprocessed Certified food standard.

The deadline for the department to accredit certification agents was extended from June 1, 2028 to June 1, 2029.

The sunset provision was expanded: the grocery store display chapter will become inoperative upon the exhaustion of appropriated funds OR January 1, 2040 (whichever is sooner), rather than simply expiring on January 1, 2040.

The criterion for what cannot be certified changed from any 'ultraprocessed food as defined in Section 104661' to only those that 'meet the additive criteria for ultraprocessed food as described in subparagraph (A) or (B) of paragraph (2) of subdivision (a) of Section 104661,' narrowing the exclusion.

Two new definitions were added: 'Food' (a food or beverage intended for sale in retail food facilities, including grocery stores) and 'Food product' (a finished product with a unique universal product code).

The reformulation rule was tightened: instead of having 30 days after reformulation to seek recertification, the manufacturer must now obtain recertification before using the seal on the reformulated product.

Accredited certification agents must now complete department-required accreditation training and report detailed product information to the department including name, ingredients, nutrition facts, manufacturer, brand, GTIN/UPC, and date certified.

A new Public Health Food and Nutrition Education Fund was created in the State Treasury. The department may establish fees for registration, renewal, and certification capped at reasonable administrative costs, with all fees deposited into this fund. Moneys are available upon legislative appropriation.

Two categories of establishments were explicitly excluded from the 'grocery store' definition for display requirements: (1) gas station convenience stores primarily engaged in retailing automotive fuels with a limited grocery line, and (2) convenience stores or food marts primarily engaged in retailing a limited line of groceries (milk, bread, soda, snacks), other than those operating fuel pumps.

The department is now required to maintain a data system for 'Non-Ultraprocessed Certified' food products.

The article was renumbered and relocated from Division 104, Part 5, Chapter 4 (Sections 110423.200-110423.207) to Division 103, Part 3, Chapter 2 (Sections 104670-104678).

The seal description now allows the phrase 'Non-UPF Certified' as an alternative to 'Non-Ultraprocessed Certified Food Standard.'

The bill now applies only to 'grocery stores' rather than all 'food facilities.' A new definition of grocery store is added: a store primarily engaged in the retail sale of canned food, dry goods, fresh fruits and vegetables, and fresh meats, fish, and poultry, including any area within the store where food is prepared and served (bakery, deli, meat and seafood counter).

The requirement changed from 'prominently display' to 'make clearly identifiable.' The old definition of 'prominently display' (requiring placement at end of aisle, checkout aisle, store entrance, or equally prominent location) was removed. The 'clearly identifiable' standard only requires that a reasonable consumer can readily distinguish the product through physical separation, signage, or other visual cues.

Enforcement of the grocery store display requirements (Section 114379.81) was narrowed to only the Attorney General, county counsel, city attorney, or city prosecutor. The department and private parties (consumers, business entities, non-profits) were removed from who can seek an injunction for violations of this chapter.

The statutory cross-reference for the covered entity changed from 'paragraph (1) of subdivision (a) of Section 113789' to 'paragraph (1)(3) of subdivision (a) of Section 113789, (e) of Section 113948,' tying the definition more specifically to the grocery store category in existing law.

The chapter title was changed from 'Preferred Placement Clearly Identifiable' to simply 'Clearly Identifiable,' reflecting the removal of the prominent placement requirement.

The requirement to make at least 3 Non-Ultraprocessed Certified items clearly identifiable now applies only to grocery stores (as defined in Section 113948(e)(3)) with gross annual sales over $10 million, rather than the broader category of 'food facility' which previously included other retail food operations excluding restaurants.

The definition of 'food facility' for purposes of this chapter (excluding restaurants and facilities listed in Section 113789(b)) was removed since the bill no longer uses that term.

The sunset provision was changed from a simple January 1, 2040 repeal to a dual trigger: the chapter becomes inoperative on the earliest of (1) exhaustion of appropriated funds for the chapter, or (2) January 1, 2040. Repeal then occurs on January 1 of the following year. This means the requirements could end well before 2040 if funding runs out.

The certification label was renamed from 'California Non-Ultraprocessed Certified' to 'Non-Ultraprocessed Certified' throughout the bill. The seal phrase changed from 'California Certified Not Ultraprocessed Non-Ultraprocessed Certified Food Standard' to 'Non-Ultraprocessed Certified Food Standard.' A redundant definition of 'California Certified' was removed.

A new definition of 'clearly identifiable' was added: a manner of offering a product for sale on a display unit or within a retail setting that allows a reasonable consumer to readily distinguish the product from other products, including through physical separation, signage, or other visual cues.

The requirement for large food facilities (over $10 million in annual sales) changed from 'prominently display' certified items (requiring end-of-aisle, checkout aisle, or store entrance placement) to 'make clearly identifiable,' which is a broader standard allowing physical separation, signage, or other visual cues that let a reasonable consumer distinguish the product.

The food facility display requirement now explicitly triggers only 'upon the creation of the standardized seal pursuant to Section 110423.203,' adding a clear precondition before the obligation begins.

New safe harbor provisions were added in Section 114379.82: a food facility is deemed compliant if it demonstrates good faith effort and has implemented reasonable policies, procedures, or employee training. De minimis or isolated instances of noncompliance due to restocking, customer handling, or ordinary store operations do not constitute a violation.

A sunset provision (Section 114379.83) was added: the preferred placement/identification chapter (Chapter 12.9) expires and is repealed on January 1, 2040.

The certification label is renamed from 'California Certified' to 'California Non-Ultraprocessed Certified' throughout the entire bill, including the seal text, all statutory references, and enforcement provisions. A new standalone definition of 'Non-Ultraprocessed Certified' is added in Section 110423.201.

The prominent display requirement (Section 114379.80) now explicitly excludes restaurants and facilities listed in subdivision (b) of Section 113789 from the definition of 'food facility' subject to the mandate, narrowing which businesses must display certified items.

The fiscal note changes 'State-mandated local program' from 'no' to 'yes,' acknowledging that the bill imposes costs on local enforcement agencies that require state reimbursement.

A new sentence is added to the 'prominently display' definition stating that a food facility shall be granted flexibility in identifying the location where certified items are displayed.

The list of entities authorized to seek injunctive relief for seal misuse (Section 110423.207(e)) and for failure to meet display requirements (Section 114379.81) is simplified from a lengthy list including district attorneys, county counsel authorized by agreement, city attorneys of cities over 750,000 population, and city attorneys in city-and-county jurisdictions, to a shorter list: the Attorney General, county counsel, city attorney, or city prosecutor in a city having a full-time city prosecutor.

Eight additional Assembly members (Ahrens, Bauer-Kahan, Berman, Caloza, Patterson, Petrie-Norris, Rogers, and Wicks) are added as coauthors.

Entirely new Article 5 (Sections 110423.200-110423.208) added to the Health and Safety Code creating a 'California Certified' food standard program administered by the State Department of Public Health.

New Chapter 12.9 (Sections 114379.80-114379.82) requires food facilities with gross annual store sales exceeding $10 million to prominently display at least 3 California Certified items if they offer more than 25 certified items for sale.

The department must accredit certification agents no later than June 1, 2028. Products classified as ultraprocessed food, ultraprocessed food of concern, or restricted school food are prohibited from receiving California Certified status.

Certification agents must register with the department, renew registration annually, provide a list of all certified products, and make records available for inspection within three business days of request. The department may audit agents at any time.

Products must be recertified at least every three years. Reformulated products require a recertification application within 30 days of reformulation.

Defines 'accredited certification agent,' 'California Certified,' and 'department' for purposes of the new article. Defines 'prominently display' as end-of-aisle, checkout aisle, store entrance, or equally prominent location.

Violations are enforceable by injunction from the department, Attorney General, district attorney, city attorneys (population over 750,000), and private parties including consumers, business entities, and nonprofit organizations. Violations are explicitly excluded from Sherman Food Drug and Cosmetic Law enforcement provisions.

Food facility placement violations are enforceable by injunction from the department, Attorney General, district attorney, city attorneys, and private parties. Violations are excluded from California Retail Food Code enforcement provisions.

Legislative findings section added to satisfy constitutional requirements for limiting public access to records, justifying confidentiality of certification agent trade secrets and proprietary business information.

The original Section 113265 amendment (frozen low-acid food in hermetically sealed metal containers) was retained but renumbered as Section 4 and given minor grammatical corrections.

The provision amending Section 113265 of the Health and Safety Code (regarding low acid foods frozen in hermetically sealed metal containers) was removed entirely. The bill title no longer references 'wholesale food' or 'frozen food.'

Senator Weber Pierson was added as a co-author of the bill.

A new Section 4 was added requiring reimbursement to local agencies and school districts if the Commission on State Mandates determines the bill contains state-mandated costs, pursuant to Government Code Part 7 (Division 4, Title 2).

The bill is now classified as containing a state-mandated local program (changed from 'no' to 'yes') and requires fiscal committee review (changed from 'no' to 'yes'), reflecting that local enforcement agencies bear added costs enforcing the preferred placement requirements.

In both the California Certified seal misuse provision (Section 110423.207) and the preferred placement provision (Section 114379.81), the list of local officials authorized to bring injunctions was expanded to explicitly include county counsel as a standalone actor, not only through agreement with a district attorney.

The digest clarifies that violations of the preferred placement chapter are exempt from criminal liability under the California Retail Food Code, rather than simply being outside its enforcement provisions generally.