California § 123279.1 - For the purposes of this article, a

§ 123279.1. For the purposes of this article, a

(a) For the purposes of this article, a “certified mobile farmers’ market” has the same meaning as defined in Section 113743, subject to paragraph (2) of subdivision (b) of Section 114295. (b) A certified mobile farmers’ market shall meet all of the following requirements: (1) The certified mobile farmers’ market shall be permitted and operated as a mobile food facility under the California Retail Food Code (Part 7 (commencing with Section 113700) of Division 104) and regulations adopted pursuant to that part. (2) The mobile food facility shall be registered with the Department of Food and Agriculture as a certified mobile farmers’ market and comply with Chapter 10.5 (commencing with Section 47000) of Division 17 of the Food and Agricultural Code and regulations adopted pursuant to that chapter. (3) An operator of a certified mobile farmers’ market selling agricultural products not of their own production shall be licensed as a produce dealer pursuant to Article 1 (commencing with Section 56101) of Chapter 7 of Division 20 of the Food and Agricultural Code. (4) The certified mobile farmers’ market shall sell agricultural products, including fruits, vegetables, and herbs, that are grown by California producers with a valid certified producer’s certificate pursuant to Article 3 (commencing with Section 47020) of Chapter 10.5 of Division 17 of the Food and Agricultural Code. (5) The certified mobile farmers’ market shall be operated by either a California producer, a local government agency, or a nonprofit organization that is incorporated in California. (c) Following the enactment of this section, at the time of the next state plan submission to the Food and Nutrition Service of the United States Department of Agriculture pursuant to Section 248.4 of Title 7 of the Code of Federal Regulations, the State Department of Public Health shall include criteria to authorize certified mobile farmers’ markets to participate in the WIC Farmers’ Market Nutrition Program. (d) (1) If the state plan is approved as described in subdivision (c), the department shall establish the criteria for authorization of certified mobile farmers’ markets to participate in the WIC Farmers’ Market Nutrition Program in California, consistent with this article and federal requirements set forth in Part 248 (commencing with Section 248.1) of Title 7 of the Code of Federal Regulations. (2) This subdivision shall be implemented only to the extent that any necessary federal approvals are obtained and federal funding is available and not otherwise jeopardized.