Article 1.6 - Certified Mobile Farmers’ Markets

California Food and Agricultural Code — §§ 47007-47009

Sections (4)

Added by Stats. 2024, Ch. 915, Sec. 2. (AB 2786) Effective January 1, 2025.

(a)A “certified mobile farmers’ market” means a mobile food facility, as defined in Section 113831 of the Health and Safety Code, that moves to various California agricultural product point-of-sale locations at predetermined and regular intervals operated by a California producer, a local government agency, or a nonprofit organization that is incorporated in California, upon which agricultural products are sold or distributed at retail directly to communities, and is registered under the provisions of Section 47008 and operated in accordance with this chapter and regulations adopted pursuant to this chapter.
(b)Certified mobile farmers’ market operators shall comply with

all of the following:

(1)Sell or distribute agricultural products, as defined in paragraph (1) of subdivision (a) of Section 47000.5, produced by a California producer with a valid certified producer’s certificate.
(2)Obtain from each producer an itemized list of all products purchased in accordance with subdivision (e) of Section 47002.
(3)Ensure that all processed agricultural products being sold comply with the requirements set forth in Section 113735 of the Health and Safety Code, and the applicable provisions of Section 110460, 114365, or 114365.2 of the Health and Safety Code.
(4)Comply with all labeling and identification requirements for shell eggs and

processed foods imposed pursuant to the provisions of the Health and Safety Code, including, but not limited to, the farm’s name, physical address, and telephone number.

(5)Ensure all products being represented or offered for sale as organic are clearly labeled or have conspicuous and posted point-of-sale signage identifying the products as organic.
(c)The representations required pursuant to subdivision (b) shall be subject to the provisions and penalties specified in Section 890.
(d)This article shall not be construed to remove the responsibility of a certified mobile farmers’ market from obtaining all required permits, registrations, certificates, and licenses, including, but not limited to, a produce dealer license,

a mobile food facility permit, a processed food permit, a cannery license, a shellfish handling and marketing certificate, an organic processed product registration, or any other requirement from the State Department of Public Health or local jurisdiction, or from complying with the requirements of the California Retail Food Code (Part 7 (commencing with Section 113700) of Division 104 of the Health and Safety Code) and local jurisdictions, including payment of all applicable fees.

Added by Stats. 2025, Ch. 198, Sec. 3. (AB 1505) Effective January 1, 2026.

(a)An enforcing officer may enter and inspect any place or conveyance where products are produced, stored, packed, delivered for shipment, loaded, shipped, transported, or sold pertaining to a certified mobile farmers’ market over which they have jurisdiction.
(b)An enforcing officer may inspect all documentation, products, containers, and equipment found in any place or conveyance to determine compliance with this chapter or the regulations adopted thereunder. The enforcing officer may also take representative samples of products and containers, which may be subject to any method of inspection or testing as deemed necessary.
(c)An enforcing officer may seize and hold as

evidence all or any part of any container, pack, load, bulk lot, consignment, or shipment of products that is packed, delivered for shipment, loaded, shipped, transported, or sold to secure the conviction of the party the enforcing officer knows, or believes, has violated, or is violating, this chapter or the regulations adopted thereunder.

(d)Any evidence that is seized by an enforcing officer in any county under the authority of this chapter or the regulations adopted thereunder, may be admitted into evidence in any action taken by any other county.
(e)This chapter does not preclude the creation and keeping of additional information that a certified mobile farmers’ market operator may endeavor itself to create and keep, or contractually require a vendor to provide additional information as a condition to selling in an operator’s certified mobile farmers’

market.

Added by Stats. 2024, Ch. 915, Sec. 2. (AB 2786) Effective January 1, 2025.

An operator of a certified mobile farmers’ market shall register annually with the department as a certified mobile farmers’ market, which shall include all of the following:

(a)A statement specifying the location from where the agricultural products are sourced, including a certified farmers’ market or a certified producer with a valid certified producers’ certificate.
(b)A schedule of point-of-sale locations and expected sales intervals.
(c)All other required permitting related to the mobile food facility.

Added by Stats. 2024, Ch. 915, Sec. 2. (AB 2786) Effective January 1, 2025.

(a)The fee for, or the fee for amendment to, the annual registration of a certified mobile farmers’ market shall be set by regulation enacted by the secretary that is reflective of the actual cost of the processing of registration or amendment to the registration, but in no event shall either fee exceed two hundred dollars ($200) annually.
(b)Fees collected pursuant to this article shall be deposited in the Department of Food and Agriculture Fund and shall be used by the department for the administration of this article.
(c)The adoption, amendment, or repeal of any fee pursuant to this section shall not

be subject to the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. An order to adopt, amend, or repeal regulations concerning the fee pursuant to this section shall be transmitted within 30 days by the secretary to the Office of Administrative Law. The Office of Administrative Law shall file the order promptly with the Secretary of State without further review pursuant to Article 6 (commencing with Section 11349) of Chapter 3.5 of Part 1 of Division 3 of Title 2 of the Government Code. The order shall do all of the following:

(1)Indicate that the regulations are adopted, amended, or repealed pursuant to this chapter.
(2)State that the order is being transmitted for filing.
(3)Request that the Office of Administrative Law publish a notice of the filing of the order and print an appropriate reference in Title 3 of the California Code of Regulations.